Rossford City Zoning Code
TITLE ONE
Zoning Administration
1101.01 TITLE
Titles I and III of this Part Eleven and any amendments hereinafter enacted may be cited as the "Zoning Ordinance of the City of Rossford" or the “Zoning Ordinance.”
(Ord. 2008-06. Passed 4-14-08.)
1101.02 PURPOSE.
This Zoning Ordinance has been enacted in accordance with a comprehensive plan and the provisions of Ohio R.C. Chapters 711 and 713 for the general purpose of protecting the public health, safety, convenience, comfort, prosperity, or general welfare. This Zoning Ordinance has the more specific purpose for:
(a) Dividing the City into zones and districts, encouraging, regulating, and restricting therein the location, construction, reconstruction, alteration, and use of structures and land;
(b) Promoting the orderly development of residential, commercial, industrial, recreational, and public areas;
(c) Providing for adequate light, air and convenience of access to property by regulating the use of land and buildings and the bulk of structures in relationship to surrounding properties;
(d) Limiting congestion in the public rights of way;
(e) Providing the compatibility of different land uses and the most appropriate use of land;
(f) Providing for the administration of this Ordinance, defining the powers and duties of the administrative officers of the City as provided hereafter, and prescribing penalties for the violation of the provisions in this Ordinance or any amendment thereto; and
(g) The repeal thereof of Ordinance Numbers 980 and 784 of the City of Rossford and any and all other previously enacted Zoning Ordinances of the City of Rossford.
(Ord. 2008-06. Passed 4-14-08.)
1101.03 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity, or the general welfare. Whenever the requirements of this Ordinance are different from the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, private deed restrictions, or private covenants, the most restrictive or that imposing the higher standards shall then govern.
(Ord. 2008-06. Passed 4-14-08.)
1101.04 SEPARABILITY CLAUSE.
Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 2008-06. Passed 4-14-08.)
1101.05 REPEAL OF CONFLICTING ORDINANCE; EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall become effective from and after the date of its approval and adoption, as provided for by law.
(Ord. 2008-06. Passed 4-14-08.)
1101.06 COMPLIANCE REQUIRED.
(a) Except as may be hereinafter provided: No building or structure shall hereafter be constructed, reconstructed, enlarged, converted, moved, or structurally altered, nor shall any building, structure, or land be hereafter used except for a purpose permitted in the use district in which the building, structure or land is located.
(b) No building or structure shall hereafter be constructed, enlarged, converted, reconstructed, moved, or structurally altered, nor shall any building, structure, or land be hereafter used except in conformity with the bulk and area regulations, minimum yard and lot area requirements, location, and maximum height requirements, minimum off-street parking and loading requirements, and any and all other applicable provisions and regulations of this Ordinance.
(c) No part of a minimum yard, parking space or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall hereafter be included as a part of the yard, parking space or other open space similarly required for another building.
(d) In any "A," "R," "C," or "I" District there shall hereafter be not more than one main building on the lot unless otherwise provided for in this Ordinance.
(e) Any lot or parcel of land, with or without any buildings, shall not hereafter be reduced or subdivided below the minimum lot width, width to depth ratio, and lot area required by this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1101.07 ZONING ANNEXED AREAS.
(a) All land annexed to the City subsequent to the adoption of this Ordinance shall remain subject to the previous Township zoning district regulations, until such time as the Official Zoning Map is amended according to the provisions of Chapter 1114 (Amendment Procedures).
(b) All land annexed to the City which prior to annexation is not subject to County or Township zoning, shall remain unzoned until the Official Zoning Map is amended according to Chapter 1114 (Amendment Procedures). (Ord. 2008-06. Passed 4-14-08.)
1102.01 GENERAL PROVISIONS.
This chapter stipulates the procedures to be followed in obtaining permits, certificates, and other legal or administrative approvals under this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)
1102.02 ZONING PERMITS AND CERTIFICATE OF ZONING COMPLIANCE REQUIRED.
(a) Zoning Permits Required. No building or other structure, including fences, signs, swimming pools, curb cuts, sidewalks, or paving, shall be erected, moved, added to, or structurally altered, nor shall any building, structure, or land be established or changed in use without first having a zoning permit issued by the Zoning Inspector. Permits shall be issued only in conformity with the provisions of this Ordinance and administrative rules adopted by the administrative bodies authorized to implement this Ordinance. The Zoning Inspector shall not issue a Zoning Permit for any application requiring Conditional Use review, Site Plan review, Development Plan review, or a Variance unless the Zoning Inspector receives a written order from the administrative body specified by this Ordinance to review such application.
(b) Contents of Applications for Zoning Permit. The application for zoning permit shall be made in writing and be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or substantially completed within two and a half (2-½) years. Each application shall be accompanied by a fee as established by Council. The amount of such fees shall be established in accordance with Section 1102.07 (Schedule of Fees). At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Existing use.
(4) Proposed use.
(5) Zoning district.
(6) Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(7) Building heights.
(8) Number of off-street parking spaces or loading berths and their layout.
(9) Location and design of access drives.
(10) Number of dwelling units.
(11) If applicable, application for a sign permit or a conditional, special, or temporary use permit, unless previously submitted.
(12) Such other documentation as may be necessary to determine conformance with and to provide for the enforcement of this Ordinance.
(c) Determination that Application is Complete. The Zoning Inspector shall determine within five (5) working days after the receipt of an application whether the application is complete and whether other City administrative or legislative bodies are required by this Zoning Ordinance to take action prior to the approval of a Zoning Permit. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(1) Upon a determination that the application is incomplete, the Zoning Inspector shall inform the applicant of any information required by this Zoning Ordinance to complete the application.
(2) Upon a determination that the application is complete, the Zoning Inspector shall indicate the date the application was determined to be complete on the face of the application and shall process the application. Where applicable, the Zoning Inspector shall forward the application for Architectural Review, Site Plan Review, Conditional Land Use Review, Variance, Zoning Amendment, or other administrative review required by this Zoning Ordinance.
(d) Approval of Zoning Permit. Within thirty (30) calendar days after the receipt of a complete application which requires no other City review, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Ordinance.
(1) All zoning permits shall, however, be conditional upon the commencement of work within one (1) year.
(2) One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his or her signature on such copy.
(3) The owner or the applicant shall post a placard in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Zoning Ordinance.
(e) Expiration of Zoning Permit. If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, said permit shall expire, be revoked by the Zoning Inspector, and written notice shall be given to the persons affected. If the work described in any zoning permit has not been completed within two and one-half (2-½) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector. A written notice shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained or an extension granted.
(f) Certificate of Zoning Compliance Required. Upon the completion of a development for which a Zoning Permit was required to be issued, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a Certificate of Zoning Compliance has been issued by the Zoning Inspector stating that the proposed development conforms to the requirements of the Zoning Permit and this Ordinance at the time of issuance. The issuance of a Certificate of Zoning Compliance in no way relieves the recipient from compliance with all requirements of this Ordinance and other regulations.
(g) Temporary Certificate of Zoning Compliance. A temporary Certificate of Zoning Compliance may be issued by the Zoning Inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.
(h) Construction and Use as Provided in Applications, Plans, and Permits. Zoning Permits and Certificate of Zoning Compliance issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof and no other use, arrangement, or construction.
(i) Record of Zoning Permits and Certificates of Zoning Compliance. The Zoning Inspector shall maintain a record of all Zoning Permits and Certificates of Zoning Compliance, and copies shall be furnished upon request and upon payment of the established fee.
(Ord. 2008-06. Passed 4-14-08.)
1102.03 VIOLATIONS
(a) It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure, premises or part thereof, or land in violation of any provision of this Ordinance or any amendment thereto.
(b) Failure to Obtain a Zoning Permit or Certificate of Zoning Compliance.
(1) Failure to obtain any required Zoning Permit or Certificate of Zoning Compliance shall be a punishable violation of this Ordinance.
(2) Any owner or tenant of any building, structure, and any architect, builder, contractor, agent or other person who erects, establishes, locates, constructs, reconstructs, enlarges, changes, converts, moves, repairs, maintains, or structurally alters any building prior to obtaining a zoning permit or any required permit shall pay a late fee as provided in Section 1102.05(d) (Late Fee for Failure to Obtain a Zoning Permit or Certificate of Zoning Compliance).
(c) Construction and Use as Provided in Applications, Plans, and Permits. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Ordinance. (Ord. 2008-06. Passed 4-14-08.)
1102.04 ENFORCEMENT PROCEDURES
(a) Complaints Regarding Violations. Whenever a violation of this Ordinance occurs or is alleged to have occurred, a person may file a complaint with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate it, and take action thereon as provided by this Ordinance.
(b) Entry and Inspection of Property. The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the Law Director in securing a valid
search warrant prior to entry.
(c) Notice of Violation. Whenever the Zoning Inspector or his or her agent determines that there is a violation of any provision of this Ordinance, a warning tag shall be issued and shall serve as a notice of violation. Such order shall:
(1) Include a statement of the reasons why it is being issued and refer to the Sections of this Ordinance being violated.
(2) State the time by which the violation shall be corrected.
(3) Services of notice of violation shall be as follows:
A. By personal delivery to the person or persons responsible or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion.
B. By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
C. By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(d) Ticketing Procedure. If, upon re-inspection following the issuance of a notice of violation the condition has not been corrected, the person or persons responsible shall be issued a ticket. Such ticket shall:
(1) Be in writing.
(2) Identify the violation.
(3) State the time, date, and place for appearance in court.
(4) State the amount of the fine payable in lieu of a court appearance.
(5) Be served personally. If the ticket cannot be served personally, the Zoning Inspector shall request that a summons be issued by the court.
(Ord. 2008-06. Passed 4-14-08.)
1102.05 REMEDIES AND PENALTIES.
(a) Stop Work Order. Subsequent to his or her determination that work is being done contrary to this Ordinance, the Zoning Inspector shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Ordinance.
(b) Zoning Permit Revocation. The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Ordinance or based upon false information or misrepresentation in the application.
(c) Additional Remedies. Nothing in this Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Ordinance, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(d) Late Fee for Failure to Obtain a Required Permit. In the event of a failure to obtain any required zoning permit or other required permit prior to the demolition, erection, establishment, location, construction, reconstruction, enlargement, changes, conversion, moving, repair, maintenance, or structural alteration of any building or structure, including fences, signs, swimming pools, curb cuts, sidewalks, or paving, or a Certificate of Zoning Compliance prior to the occupancy or use of a development, the normal fee for that zoning permit or any required permit shall be doubled. This late fee shall not relieve the petitioner of complying with all other provisions in the Ordinance.
(e) Penalties and Fines. Any person, firm or corporation who violates this Ordinance or any provision of Part Eleven, Planning and Zoning Code or fails to comply with any of its provisions or requirements shall be guilty of a minor misdemeanor upon the first offense. If such person, firm or corporation has been convicted of any violation of this Ordinance or any provision of Part Eleven, Planning and Zoning Code previously, a violation shall be a misdemeanor of the third degree. In addition, the person, firm or corporation shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offence. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offence and suffer the penalties herein provided. (Ord. 2023-30 Passed 4-24-23.)
1102.06 ADMINISTRATION.
The formulation, administration, and enforcement of this Zoning Ordinance is hereby vested in the following offices and bodies within the City: the Zoning Inspector; the Planning Commission; the Board of Zoning Appeals; City Council, and the Law Director.
(a) Zoning Inspector. A Zoning Inspector, designated by the Mayor, shall administer and enforce this Ordinance. He or she may be provided with the assistance of such other persons as the Mayor may direct. For the purpose of this Ordinance the Zoning Inspector shall have the following duties:
(1) Enforce the provisions of this Ordinance and interpret the meaning and applications of its provisions.
(2) Respond to questions concerning applications for amendments to the Zoning Ordinance text and the City Zoning Map.
(3) Issue zoning permits and Certificate of Zoning Compliance as provided by this Ordinance, and keep a record of same with a notation of any special conditions involved.
(4) Act on all applications upon which he is authorized to act by the provisions of this Ordinance within thirty (30) calendar days or notify the applicant in writing of his or her refusal or disapproval of such application and the reasons therefor. Failure to notify the applicant in case of such refusal or disapproval within specified time shall entitle the applicant to submit his or her request to the Board of Zoning Appeals.
(5) Conduct inspections of buildings and uses of land to determine compliance with this Ordinance and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(6) Maintain in current status the City Zoning Map which shall be kept on permanent display in the City offices.
(7) Maintain permanent and current records required by this Ordinance, including but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments and special uses.
(8) Make such records available for the use of the City Council, the Planning Commission, the Board of Zoning Appeals, and the public.
(9) Review and approve site plans pursuant to this Ordinance.
(10) Determine the existence of any violations of this Ordinance, and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.
(11) Prepare and submit an annual report to the City Council and Planning Commission on the administration of this Ordinance, setting forth such information as may be of interest and value in advancing and furthering the purpose of this Ordinance. Such report shall include recommendations concerning the schedule of fees.
(b) Planning Commission.
(1) Composition and Term. The Planning Commission shall be designated by the Mayor according to Article X in the Charter of the Municipality of Rossford.
(2) Powers and Duties. Specific responsibilities of the Planning Commission are listed in Article X of the Charter and as further defined in this Ordinance. The main functions of the Planning Commission pertaining to this Zoning Ordinance include consideration of:
E. Area variances, when associated with concurrent site plan review, in the place of and subject to the standards and procedures established for the Board of Zoning Appeals; and
(c) Board of Zoning Appeals. The Board of Zoning Appeals shall be designated by the Mayor according to Article X in the Charter of the Municipality of Rossford. The Board of Zoning Appeals is a quasi-judicial body that hears variance appeals and decides whether or not to grant the appeal. Specific responsibilities of the Board of Zoning Appeals are listed in Article X of the Charter and Chapter 1103 (Board of Zoning Appeals).
(d) Architectural Review Board. The City of Rossford may create an architectural review board to enforce compliance with any urban design guidelines applicable to proposed developments within a designated area which may be separately adopted by ordinance by the City of Rossford. Such design guidelines may address desired building styles, roof lines, windows, materials, massing, colors, signage design and landscape elements.
(1) The Architectural Review Board shall consist of at least one member who is a licensed architect or engineer.
(2) If the City does not create an Architectural Review Board, it may delegate this enforcement authority to the Zoning Inspector or the Planning Commission. (Ord. 2008-06. Passed 4-14-08.)
1102.07 SCHEDULE OF FEES,
The City Council shall, by ordinance, establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of this Ordinance after considering the recommendations of the Zoning Inspector with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by the City Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.
(Ord. 2008-06. Passed 4-14-08.)
1103.01 ORGANIZATION AND MEETINGS.
(a) A Board of Zoning Appeals is hereby established pursuant to the Charter of the City of Rossford, Article X. The Mayor, shall, from time to time, appoint one (1) of the members of the Board to serve as the Chairperson thereof and to continue to serve in such capacity until someone is appointed in his or her place.
(b) The salary of each member shall be at a rate established by Council.
(c) The Board shall organize and adopt the rules and regulations it deems necessary to carry out into effect the provisions of this Ordinance.
(d) Meetings of the Board shall be held at such times as may be necessary.
(1) All meetings of the board shall be public.
(2) The presence of three (3) members is necessary for a quorum.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon every question. If a member is absent or fails to vote, the minutes shall indicate such fact. The Board shall provide a copy of its minutes to the Mayor, City Administration, City Council, City Planner, the applicant, and any other person in the affected neighborhood who requests the same.
(4) The Chairperson of the Board may call on various departments of the City for assistance in the performance of the Board’s duties, may administer oaths, may compel the attendance of witnesses, and otherwise do all things empowered by this Ordinance and relevant state law.
(5) Final disposition of any appeal shall be in the form of a resolution and shall be concurred in by at least three (3) members of the Board.
(Ord. 2008-06. Passed 4-14-08.)
1103.02 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and duties:
(a) Hear and decide appeals where it specifically finds that there is a material error of law or fact in any order, requirement, decision, or determination made by the Inspector in the enforcement of this Ordinance or any amendment or supplement adopted pursuant thereto.
(b) Authorize upon appeal, such yard and area variances and exceptions from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in practical difficulties, so that the spirit of this Ordinance shall be observed and substantial justice done. However, for developments requiring Site Plan Review pursuant to Chapter 1111 (Site Plan Review Procedures) or Subdivision Review pursuant to Section 1151.02 (Jurisdiction for Subdivision Review), the Planning Commission, and not the Board of Zoning Appeals, shall have authority concurrent with Site Plan and/or Subdivision reviews to grant variances from the terms of this Ordinance pursuant to Article X, Section 3 (Commissions and Boards) of the City Charter provided that such variances are granted according to the notice and hearing procedures and standards for decisions outlined in Section 1103.03 (Appeal and Hearings) and Section 1103.05 (Decisions of the Board of Zoning Appeals) of this Ordinance.
(c) Interpret the provision of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown on the Zoning Map fixing the several districts accompanying and made a part of the Ordinance, where the street layout actually on the ground varies from the street layout as shown on the Zoning Map.
(d) Authorize the extension of a nonconforming use or a building or the creation of additional building upon the lot occupied by such nonconforming use or building on the effective date of this Ordinance, where such enlargement or expansion of such use or building will not be detrimental to or tend to alter the character of the neighborhood.
(e) Permit the construction of a building or portion of a building beyond the building line, subject to such conditions or limitation as the Board deems reasonable and necessary, provided that public health, safety, convenience, or general welfare will not thereby be injuriously affected or the appropriate use or development of neighboring property seriously injured.
(f) Permit the extension of a building or use into a more restricted district, but not more than twenty-five (25) feet beyond the boundary line of the district in which such use is authorized where a use district boundary line divides a lot in a single ownership on the effective date of this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)
1103.03 APPEALS AND HEARINGS.
Appeals to the Board may be taken by any person aggrieved or affected by any decision of the Administrative Zoning Officer of the City, who shall be known as the Zoning Inspector (hereinafter “Inspector”).
(a) An appeal shall be taken by filing a notice of the appeal, specifying the grounds thereof, with the City Administrative Offices within twenty (20) calendar days after the decision of the Inspector. The Administrative Offices will forward the appeal to the Board.
(b) The Board shall fix a reasonable time for a hearing of the appeal, give ten (10) calendar days notice to other parties in interest, post a sign of general notice on the property of appellant, and decide the appeal within ten (10) calendar days following the hearing, unless additional time is necessary because of unusual circumstances.
(c) Any party may appear at the hearing in person or by attorney.
(Ord. 2008-06. Passed 4-14-08.)
1103.04 REQUEST OF BOARD OF ZONING APPEALS TO COUNCIL.
If the Board determines that there is merit in the appeal of the applicant but that such appeal cannot be granted because all of the conditions provided herein are not fulfilled or cannot be complied with, the Board may refer such matter to Council for its guidance and authorization on the issue. Council may, but shall not be required to, consider such request by the Board of Zoning Appeals. (Ord. 2008-06. Passed 4-14-08.)
1103.05 DECISIONS OF THE BOARD OF ZONING APPEALS.
As required by Charter, the Board shall hear and decide all zoning appeals in conformity with the intent and purposes of the Ordinances governing zoning.
(a) Form of Decisions. In ruling upon an appeal as provided herein, the Board shall act by written resolution which shall indicate specifically the Sections or Subsections under which authority to act is granted and shall state all of the terms and conditions of said Sections or Subsections which have been found in favor of the applicant.
(b) Standards for Appeal. If the Board finds that there has been an error of the law or fact, such error shall be specifically stated in its resolution of final disposition.
(1) There shall be no finding of an error of law unless supported by an opinion of the Law Director or by some other attorney at law appointed by Council to render a legal opinion on the subject.
(2) If the Board is of the opinion that an error of fact may have occurred, and such error is of a technical nature not readily determined without technical assistance, such as, but not limited to, questions relating to the location of building or boundary lines, area, height or distance, then the Board shall request the City Administrator to provide such technical assistance by City employees or others.
(c) Standards for Variances. The Board shall not grant a variance:
(1) If the result of which would be to sanction any act which would violate any other law of the City of Rossford or the State of Ohio.
(2) Where it has knowledge that such variance would conflict with other lawfully adopted rules, regulations, private deed restrictions, or private covenants as mandated by Section 1101.03 (Provisions of Ordinance Declared to be Minimum Requirements) of the Planning and Zoning Ordinance.
(3) The Board may grant a variance when the Board finds that all of the following conditions exist:
A. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to the land and the buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights and not merely to serve as a convenience to the applicant.
C. That the condition from which relief or a variance is sought did not result from action by the applicant.
D. The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the City.
E. That the applicant is not presently in violation of the Section or Sections of the Planning and Zoning Ordinance from which relief is sought.
(d) In granting a permit under any of the powers conferred above, the Board may stipulate the manner in which the variance or exception shall be carried out, or may require other improvements and safeguards for the protection of the health, safety, and welfare of the owners and occupants of surrounding lots or the public. Specifically, the Board in such cases may attach conditions dealing with:
(1) Paving, shrubbery, ornamental, or screening fence or wall.
(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise, or odor.
(3) Hours of operation.
A. Location of exits or show windows.
B. Cleaning and painting.
C. Elimination of nonconforming uses of the land or nonconforming signs before the standard period given for their elimination has expired.
D. Direction and intensity of outdoor illumination.
E. Amount and location of off-street parking, loading, and/or signs.
F. A period of time after which the permitted variance or exception shall expire.
(Ord. 2008-06. Passed 4-14-08.)
1103.06 REVIEW OF ACTION BY COUNCIL.
Upon the request of the Mayor, City Administrator, President of Council, three (3) members of Council or City Planner, Council may, within twenty-one (21) calendar days of the date of the resolution, review any action taken by the Board of Zoning Appeals and take such action with respect thereto as it deems appropriate.
(Ord. 2008-06. Passed 4-14-08.)
1104.01 DESIGN REVIEW COMMISSION ESTABLISHED.
There is hereby established a Design Review Commission whose responsibility it shall be to develop an expertise in historic building architectural design, establish a Locally Significant Resource Inventory, conduct administrative hearings for Certificate of Appropriateness Review, and discharge the powers and duties set forth in this Chapter and Chapter 1110 (Certificate of Appropriateness Review Procedures).
(Ord. 2008-06. Passed 4-14-08.)
1104.02 ORGANIZATION AND MEETINGS.
(a) Membership.
(1) Members. The Design Review Commission shall consist of five (5) members who shall be nominated by the Mayor and appointed by City Council.
(2) Alternates. Upon nomination by the Mayor, City Council may appoint an additional two (2) alternate members to the Design Review Commission who shall serve in the absence of a member of the Commission (in the order of appointment) with all rights of a member of the Commission.
(3) Qualifications. (A) Each member and alternate member shall have, to the highest extent possible, a recognized knowledge of, and a known interest in architectural preservation and design and a determination to work for the overall improvement of the quality of the physical environment of the City. The members of the Design Review Commission shall at all times consist of:
A. One (1) City merchant who operates a business in the Design Review Overlay District;
B. One (1) individual who owns property in the Design Review Overlay District;
C. One (1) member of the Rossford Business Association;
D. One (1) City resident who neither owns, leases or operates a business or property in the Design Review Overlay District; and
E. One (1) representative from any of the following organizations: the American Institute of Architects; the Arts Commission of Greater Toledo; the Landmarks Committee of the Maumee Valley Historical Society; the Rossford Planning Commission; or the City Administrator or his staff designee.
F. Notwithstanding anything to the contrary hereinbefore set forth, the Design Review Commission shall at all times have three (3) Members who are residents of the City of Rossford.
(b) Term of Office. Appointments to the Design Review Commission shall be for four (4) year terms. Initial appointments to the Commission shall be adjusted so that not more than two (2) terms on the Commission expire in any one (1) year. The terms of the first Commission members shall terminate on the 31st of December which follows the first day of the last year of their appointment. Thereafter, the term of Commission members shall be deemed to commence on January 1st of each applicable term.
(c) Removal from Office. All Design Review Commission members and alternates may be removed for cause by City Council.
(d) Vacancies. Vacancies shall be filled for the duration of an unexpired term in the same manner as the original appointment.
(e) Compensation of Members. All members of the Design Review Commission shall serve without compensation.
(f) Officers. The Design Review Commission shall elect a Chairperson and a Vice- Chairperson at its initial meeting and thereafter at the first meeting after January 31 of each year. The Commission may also create and elect a member to a position of Second Vice-Chairperson.
(1) Duties of the Chairperson. The Chairperson shall conduct the meetings of the Design Review Commission according to established rules of procedure, determine the order of meeting agendas, administer oaths to each person offering testimony for consideration of such Commission, and sign any certificates or documents as ordered by a vote of such Commission.
(2) Duties of the Vice-Chairperson. The Vice-Chairperson (or Second Vice- Chairperson, if applicable and in the absence of the Vice-Chairperson and Chairperson) shall perform the duties of the Chairperson in the event of the Chairperson’s absence.
(g) Staffing. All City employees and agencies shall cooperate in expediting the purposes of this Ordinance and the functions of the Design Review Commission.
(1) The City Administrator shall designate a staff person from the City administration to serve as a Secretary for the Design Review Commission. Such person shall keep all minutes of the meetings, tape recording any administrative hearing held by the Commission, keeping the calendar of meetings and events pertaining to such Commission, keeping each member apprised of meeting times, dates and agendas, and shall be responsible for distribution of a copy of documents, drawings, and other papers for each item of business which comes before the such Commission, maintenance of records, and communication of all correspondence to and on behalf of such Commission, and preparation of Certificates of Appropriateness to be used by the Commission.
(2) The Zoning Inspector shall receive and process all applications for Certificates of Appropriateness to the Design Review Commission. The Zoning Inspector shall ensure that any application for a Zoning Permit, where a Certificate of Appropriateness is also required, shall first receive a Certificate of Appropriateness from the Design Review Commission prior to Zoning Permit application review. The Zoning Inspector shall enforce all approvals issued by vote of the Commission by including any conditions required by a Certificate of Appropriateness as part of the conditions of a subsequent Zoning Permit.
(3) The administrative offices of the City shall serve as the repository of the official files of the Design Review Commission, which shall be maintained for the Commission by the City Administrator. The City Administrator shall also be responsible for making such files available to the public to serve as a basis for prospective applicants to conform their plans with established policy, for the public to review applications for pending hearings, or as otherwise directed by law.
(4) The City shall maintain a library of preservation resources to be used by Design Review Commission members for the purpose of increasing their knowledge of architectural preservation and design. These resources will also be made available to owners of a Locally Significant Resource in the City on a lending library basis with reasonable return due dates.
(h) Meetings. All meetings of the Design Review Commission shall be open to the public and the conduct of such meetings shall be subject to Ohio Sunshine laws, including providing advance public notice of meetings to any person, business, or organization that provides an annual written request for same.
(1) Procedures. The Commission shall adopt rules and regulations consistent with this Ordinance governing its procedures and transactions.
(2) Location. All Commission meetings shall be held at the Municipal Building or other public place.
(3) Frequency. Meetings shall be held at least once each month when there are applications for Certificates of Appropriateness to be considered and not less than once every three (3) months for such other related work as may be accepted through request of Council, the Planning Commission or undertaken on its own motion. Special meetings may be held at the call of the Chairperson.
(4) Quorum. If no alternate members of the Design Review Commission have been appointed by Council, a simple majority of the members shall be a quorum for the transaction of business. Otherwise, the quorum requirement shall be four (4) members.
(5) Voting. Any actions or decisions of the Design Review Commission shall have the support of a simple majority of the members in attendance at the time of the vote.
A. To avoid conflicts of interest, Commission members shall not vote on cases in which they have economic interests.
B. Members who do not approve or concur with the outcome of a vote have the right to state, as part of the minutes, their reasons for refusing to approve or concur.
(6) Minutes. Written meeting minutes of the findings and the results of Design Review Commission decisions shall be available for public inspection. The minutes of meetings shall be maintained for a period of seven (7) years.
(Ord. 2008-06. Passed 4-14-08.)
1104.03 POWERS AND DUTIES.
The Design Review Commission shall not have the power to take any action, or supersede any action, authorized to be taken by any other body or officer of the City by the Codified Ordinances of the City. The Commission is charged with the following duties and responsibilities:
(a) Training and Continuing Education.
(1) All members of the Design Review Commission shall be provided with a copy of, and be completely familiar with, the “The Secretary of Interior’s Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings” by Morton, Hume, Weeks and Jandl (United States, National Park Service, Preservation Assistance Division, 1991, as reprinted in 1997). These copies shall remain the property of the City of Rossford and shall be returned to the City when a term has been fulfilled or a resignation is tendered.
(2) All Members shall make diligent attempts to attend educational sessions when available and to share information with other Design Review Commission members in order to increase knowledge of architectural design and preservation issues. Members are encouraged to establish a network of technical experts and confer, as may be required, to better evaluate a Locally Significant Resource or render a judgment on a Certificate of Appropriateness.
(3) In the interest of enhancing public confidence in the Certificate of Appropriateness application process, the Design Review Commission may recommend the inclusion of funds in the annual City budget for preservation reference materials, for continuing education courses for Commission members, and for other preservation-related activities.
(b) Locally Significant Resource Inventory.
(1) The Design Review Commission shall establish and maintain an inventory of all sites in the Design Review District, by conducting, at least every ten (10) years, surveys of all exterior facades visible from the street. For each property within the District, this inventory shall consist of a completed Ohio Historic Inventory Form, a Facade Condition Survey Form and a recent photograph of each structure. All Locally Significant Resources, as defined herein and duly designated by Council, shall be identified in the inventory. A copy of this inventory shall be kept in the Municipal Building and be available for review by the public.
(2) The Design Review Commission, on its own or at the request of a building owner, may recommend to Council that the designation of Locally Significant Resource be assigned to each building within the Design Review District that meets the criteria in the definition of a Locally Significant Resource. W hen necessary, the Commission may also recommend that a designation of Locally Significant Resource be rescinded. Council may act upon such recommendations by resolution.
(3) The Design Review Commission may conduct and maintain a continuing survey of resources of local significance in the community, including buildings, structures, sites, objects and areas of architectural, historic, cultural, archeological, or aesthetic interest;
(c) Certificate of Appropriateness Review.
(1) It shall be the responsibility of the Design Review Commission to conduct an administrative hearing to hear, review, and evaluate the design and planning proposed in all applications for Certificates of Appropriateness for each structure proposed for new construction, renovation, expansion, overall development, or demolition on a site located within any of the established design review districts.
(2) The Design Review Commission, in performance of its duties, shall be empowered to approve or prescribe modification of the proposed architectural design or site planning in the application, or may deny approval as may be appropriate to assure the proposed development complies with the design standards developed for the districts.
(d) Advocacy. On behalf of the City, the Design Review Commission shall:
(1) Work for the continuing education of the residents of the City, with respect to the architectural and historic heritage of the City and the identification and preservation of Locally Significant Resources in the designated Design Review Overlay District;
(2) Act as a municipal liaison to individuals and organizations regarding the protection and restoration of local Locally Significant Resources;
(3) Encourage and assist building owners with procedures for seeking Federal National Register designation;
(4) Assist the City, business owners, and residents in the application for grants and other financing available for the preservation of Locally Significant Resources.
(e) Advisory Role. The Design Review Commission may act in an advisory role to City officers, departments, committees, commissions, or boards where the action or inaction taken by the aforementioned entities may affect the preservation of Locally Significant Resources. In this capacity, the Commission may:
(1) Act in an advisory role to City officials in the updating of the City's Master Plan;
(2) Recommend to City Council any additions or revisions to the Design Review Overlay District Ordinance deemed necessary or for the inclusion of properties to the Design Review District;
(3) Evaluate and comment upon decisions by other municipal agencies which affect the physical development and land use patterns with regard to historic or architecturally significant structures and the aesthetic compatibility of buildings within the Design Review Overlay District.
(4) Make recommendations to Council concerning the utilization of available grants from Federal and State Agencies, private groups, individuals and the utilization of budgetary appropriations to promote the preservation of Locally Significant Resources within the District;
(5) Make streetscape recommendations to City Council regarding public amenities within any designated Design Review Overlay District, including paving of streets and sidewalks, placement and design of streetlights, street furniture, and signage in the public right-of-way.
(Ord. 2008-06. Passed 4-14-08.)
1110.01 CERTIFICATE OF APPROPRIATENESS REQUIRED.
(a) A Certificate of Appropriateness must be obtained prior to commencing new construction, reconstruction, or any remodeling or other modification, alteration, replacement, or visible changes to the exterior of any structure, or other visible improvements to structures in the Design Review Overlay District. Other visible improvements may include exterior elements such as fences, signs, awnings, balconies, shutters, and satellite dishes.
(b) Applications for Zoning Permits or Building Permits for such changes within designated Design Review Overlay Districts shall be deemed incomplete without written application for a Certificate of Appropriateness or approval by the Design Review Commission.
(c) Exceptions: A Certificate of Appropriateness shall not be required for the following structures and activities:
(1) Single Family Residential. Any property principally used for single family residential purposes, or any accessory structures to said residential property, when located in the Design Review Overlay District;
(2) Ordinary Maintenance and Painting. Normal and customary building maintenance activities and painting of an architectural feature or other visible exterior improvement, provided such activities do not render the structure concerned incompatible with the standards of the Design Review District.
(3) Emergency Repairs. Emergency repairs to the exterior of a property where such repairs are:
A. Not caused by the neglect of the property owner;
B. Necessary for the preservation of the structure; and
C. Full restoration of all elements changed by the emergency repair are restored within twelve (12) months pursuant to the Certificate of Appropriateness process described herein.
(4) Emergency Demolition. Upon a demolition order by either the Fire Chief or the City Administrator based upon immediate danger to the public health and safety. (Ord. 2008-06. Passed 4-14-08.)
1110.02 APPLICATION.
(a) Submission. Written application for a Certificate of Appropriateness may be submitted separately or in conjunction with a Zoning Permit application. In order to meet staff review and notice provision requirements, all applications for a Certificate of Appropriateness shall be made at least twenty (20) days before a scheduled Design Review Commission meeting.
(b) Contents. Blank applications for a Certificate of Appropriateness shall be available at the City offices. Whether the application for a Certificate of Appropriateness is separate or in conjunction with a Zoning Permit application, the application for a Certificate of Appropriateness shall be accompanied by the information, drawings, and materials required by Section 1102.02(b) (Contents of Applications for a Zoning Permit). Such application shall also contain the following specific information:
(1) Address of the property for which the Certificate of Appropriateness is being requested.
(2) The name, mailing address, and phone number for the property owner and any tenant which occupies the structure.
(3) Two color photographs of the present facade of each exterior wall of the building or structure which is proposed to be altered or changed, including fences, signs, and satellite dishes, or other visible exterior improvements (Photographs must be of an adequate size, detail, and clarity for reasonable review and use by the Design Review Commission).
(4) A narrative which clearly describes the proposed activity subject to Design Review Commission review.
(5) Plans of the location and dimensions of the proposed changes or alterations to the proposed building(s) or alteration drawn as near as possible to scale and easily understandable, with said sketches to include structural changes, all windows and doorways, roof lines, fences, signs, awnings, balconies, shutters, satellite dishes and/or other visible exterior improvements; and
(6) A description of the proposed colors, proposed materials to be used, and all related information fully describing the proposed modifications and additions.
(7) Fee. If submitted separately from a Zoning Permit application, no application for a Certificate of Appropriateness shall be deemed complete unless accompanied by the proper fee established by Council by separate ordinance.
(c) Determination of Completeness. Upon receipt of the application for a Certificate of Appropriateness, the Zoning Inspector shall make a determination that the application is complete and process the application in accordance with Section 1102.02(c) (Determination that Application is Complete). The applicant shall be informed of any omissions to the application. The determination that an application is "complete" shall be noted on the face of the application by the Zoning Inspector.
(d) Scheduling Administrative Hearing. Upon a determination that the application is complete, the Zoning Inspector shall confirm with the Design Review Commission Chairman the date the application will be heard by the Design Review Commission, which may be at the next regularly scheduled meeting or a special meeting of the Commission pursuant to Section 1104.02(h)(3) (Frequency). (Ord. 2008-06. Passed 4-14-08.)
1110.03 NOTICE OF ADMINISTRATIVE HEARING.
(a) A complete request for a Certificate of Appropriateness received by the Zoning Inspector shall be forwarded to the Design Review Commission members as soon as possible by the staff Secretary, with notice of the time, date, and place of the meeting.
(b) At least twelve (12) calendar days in advance of the date the Design Review Commission is to convene to review the request, first-class mail written notice of the subject, time, and place of the public hearing shall be delivered to the applicant, owner, tenant, and to the owners and tenants of adjacent properties. Such adjacent properties shall include those within one hundred (100) feet or at least two (2) properties deep from the subject property and those directly across the public right-of-way from those properties receiving notice. Such notice shall also be sent by first-class mail to any person who within the past twelve (12) months has submitted a written request with the Zoning Inspector to be notified of an application for a Certificate of Appropriateness. In the alternative, the notice may be hand-delivered within ten (10) days in advance of the meeting where a memo of hand-delivery is maintained containing the signature of the intended recipient.
(c) Notice shall also be posted by a sign placed on the subject property for at least ten (10) days prior to the date of the hearing. The notice shall contain the subject, time, and place of the meeting.
(d) The Zoning Inspector shall provide the City Administrator with a copy of the application and all exhibits, attachments, correspondence and notices pertaining to the application at least ten (10) calendar days prior to the administrative hearing for public review during Municipal Building business hours.
(Ord. 2008-06. Passed 4-14-08.)
1110.04 DESIGN REVIEW COMMISSION ACTION.
The responsibility of review and approval or denial of the application for a Certificate of Appropriateness shall rest with the Design Review Commission. The Commission shall review an application for a Certificate of Appropriateness in accordance with its duties and responsibilities as listed in Section 1104.03(C) (Certificate of Appropriateness Review) and the appropriate design review standards for the district as listed in Section 1134.02 (Design Review Overlay District Standards).
(a) Conflicts of Interest and Ex-Parte Communications. All conflicts of interest and ex- parte communications of the applicant with Design Review Commission members are to be disclosed at the beginning of the public hearing by the Commission members. In addition, Commission members shall immediately provide the City Administrator with a written summary of any ex-parte communication with the applicant between the time of application and prior to a decision on the application by the Commission for public review.
(b) Testimony. All testimony from the applicant or other parties of interest shall be taken under oath. Testimony from experts and non-experts shall be limited to reliable, probative, and substantial evidence. All testimony shall be subject to cross-examination.
(c) Deliberation. Upon close of the administrative hearing, the Design Review Commission shall deliberate upon the application, make findings of fact, and reach a decision. If time does not permit adequate deliberation, the matter may be continued for a decision at a meeting open to the public at a date, time, and place. If specified at the time of the continuance, no additional notice of the meeting continuance need be made.
(d) Decision by the Commission. The Design Review Commission shall review each application and approve, approve with modifications or conditions, or disapprove such application within fifteen (15) days of the close of the administrative hearing. The decision shall be issued in the form of a written, Final Order in which the Commission expressly sets forth the findings and conclusions of fact used as the basis or rationale for its decision.
(1) Approval. If the Design Review Commission determines that the proposed activity will have no adverse effect on a designated Locally Significant Resource or any standard of the applicable Design Review Overlay District, the Commission shall approve the application.
(2) Approval with Modifications. The Design Review Commission may approve the application with modifications or conditions placed upon the approval regarding the proposed size, shape or materials proposed to be used in constructing or installing the proposed improvements, or other limitations necessary to maintain the local significance of the property or district, where the applicant agrees to such modifications and conditions. Such conditions shall be made part of any subsequent zoning approval.
(3) Disapproval. In the event that the Design Review Commission determines that an application shall be disapproved, the Zoning Inspector shall notify the applicant in writing within ten (10) calendar days of the reasons for disapproval and may include recommendations regarding the proposed construction activity. The Zoning Inspector shall not issue a Certificate of Appropriateness or Zoning Permit for such project after a disapproval by the Commission.
A. Upon disapproval, the Design Review Commission shall offer to “stay” the Final Order and undertake continuing and meaningful discussions with the applicant in order to develop a compromise proposal acceptable to both. Such discussions shall extend over a period of at least thirty (30) days, but shall not exceed six (6) months from the date of disapproval.
B. In the case of denial of an application for demolition, the Design Review Commission shall offer to investigate the feasibility of all means of preserving the listed property, including purchase by a third party.
1. If the Design Review Commission and applicant cannot agree on a means of preserving the structure at the initial meeting, then the Commission shall continue to schedule good faith meetings at least every forty-five (45) days after the initial meeting. If the applicant fails to meet with the Commission in good faith, at the time specified, then discussions may terminate. Upon termination for any reason, the Commission shall inform the applicant in writing of the termination of such good faith discussions and that the Final Order for denial of the application shall stand.
2. If a compromise proposal is accepted by both the applicant and the Design Review Commission, or if the Commission determines that preservation of a structure proposed for demolition is not feasible, the Commission may henceforth reverse its Final Order and issue a Certificate of Appropriateness.
C. If, after holding such good faith meeting(s) over the continued discussion period specified by the Design Review Commission, no alternative property use is developed or no offer to preserve the structure or architecturally significant features is made by the applicant, the City, or a third party, then the Commission may also consider whether failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and whether such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Ordinance. In such event, the Commission may grant the application, with or without modifications, and issue a Certificate of Appropriateness for such proposed construction, reconstruction, exterior alteration or demolition.
(e) Certificate of Appropriateness. Upon approval by the Commission, the Zoning Inspector shall issue a Certificate of Appropriateness to the applicant within ten (10) days thereafter. Any approved modifications or conditions shall be stated upon the Certificate and made part of any subsequent zoning approval.
(1) A Certificate of Appropriateness is valid for one (1) year from the date of approval. Unless the work described in the approval from the Design Review Commission is commenced within one (1) year and continued progress is made and is completed within two (2) years, the Certificate of Appropriateness shall expire as a matter of law. The Commission may grant an extension of time for good cause shown.
(2) Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other zoning and building regulations of the City, County, and/or State.
(3) When a Certificate of Appropriateness is issued for demolition, the applicant shall receive further written instruction that new in-fill construction in the Design Review Overlay District is subject to review by the Design Review Commission.
(Ord. 2008-06. Passed 4-14-08.)
1110.05 ACTION ON APPLICATIONS TO BE RECORDED.
The Secretary of the Design Review Commission shall assemble a file record of all applications for a Certificate of Appropriateness including proof that all notices were timely given, a tape recording of the hearing and all testimony, copies of all documents pertinent to the record, and a copy of the written findings of fact and all action taken on each application. The file records shall be maintained by the City Administrator on behalf of the Design Review Commission.
(Ord. 2008-06. Passed 4-14-08.)
1110.06 APPEAL OF DENIED APPLICATIONS.
(a) In the event an application for a Certificate of Appropriateness is denied by the Design Review Commission, the applicant shall have a right of appeal to the Planning Commission.
(b) An appeal shall be taken by filing a notice of the appeal, specifying the grounds thereof, with the City Administrative Offices within twenty (20) calendar days after notification of the decision of the Design Review Commission. The Administrative Offices will forward the appeal to the Planning Commission, with a copy to the Chairman of the Design Review Commission.
(c) The Planning Commission shall fix a reasonable time for a hearing of the appeal, give ten (10) calendar days notice to other parties in interest, and post a sign of general notice on the property of appellant.
(d) Any party may appear at the hearing in person or by attorney. All testimony from the applicant or other parties of interest shall be taken under oath and limited to reliable, probative, and substantial evidence from experts and non-experts. All testimony shall be subject to cross-examination.
(e) The Planning Commission shall render a decision as to whether the ruling of the Commission shall be upheld or whether the Certificate of Appropriateness shall be granted as requested within ten (10) calendar days following the appeal hearing, unless additional time is necessary because of unusual circumstances.
(f) The Planning Commission shall utilize the written findings of the Design Review Commission to review economic, historic, architectural, and aesthetic features of the subject structure, the nature and character of the surrounding area, the use of such structure, and its cultural importance to the City. A majority vote of the Planning Commission shall be required to overturn a decision of the Design Review Commission.
(g) Decisions by the Planning Commission shall be deemed final administrative orders for appellate purposes and any aggrieved person may file in the County Court of Common Pleas in accordance with Ohio R.C. Chapter 2506.
(h) During the pendency of a timely filed appeal before the Planning Commission for a decision of the Design Review Commission, or during the appeal time prescribed in Ohio R.C. Chapter 2506 for a decision of the Planning Commission, no Certificate of Appropriateness, Zoning Permit, Building Permit, or other permit necessary for the activity applied for shall be issued, or if issued, shall be valid. (Ord. 2008-06. Passed 4-14-08.)
1110.99 PENALTY.
Any person, firm or corporation who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be subject to Section 1102.05 (Remedies and Penalties).
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1111.01 SITE PLAN REQUIRED.
Any development in any zoning district requiring a Traffic Impact Study (See Section 1136.17(e) (Access Control for High Traffic Volume Uses) or involving the construction of five thousand (5,000) square feet gross floor area, shall be required to submit a site plan in accordance with the requirement of this Chapter.
(Ord. 2008-06. Passed 4-14-08.)
1111.02 ACCESS CONTROL REQUIREMENTS.
General standards for parking areas, circulation, and access shall be incorporated as part of the site plan. These standards are found in Chapter 1136 (Off Street Parking, Loading and Access Control) of this Ordinance. As part of the site plan review process, access shall be reviewed relative to the distance from other drive approaches and from roadway intersections. The preferred method of providing access to parcels is to minimize or eliminate driveways by using service roads, rear access roads, or shared driveways. The Planning Commission may, as part of the site plan review process, require that driveways be moved, combined, realigned, or eliminated to reduce the potential for accidents.
(Ord. 2008-06. Passed 4-14-08.)
1111.03 PROCEDURE FOR SITE PLAN REVIEW.
(a) Formal submission and approval of a site plan is required before any zoning permit may be issued. Formal submission and approval of a site plan includes following the review procedures and submission requirements defined herein. Notwithstanding these requirements, however, at any time prior to the formal submission and review of a site plan, an applicant may, at his or her option, submit a sketch site plan to the Planning Commission for informal review and comment. The purpose of such a sketch site plan is to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of a formal site plan. A sketch site plan need not include all items described in Section 1111.06 (Site Plan Content) and informal review of the site plan need not include the notifications required under Section 1111.03(f) (Procedure for Site Plan Review - Notice by Posting Sign).
(b) In order to inform a developer of planning and zoning issues before incurring substantial architectural and engineering costs for a project, the site plan review process has a two- step procedure. The Planning Commission shall conduct a preliminary site plan review so that it may determine that the specific planning requirements of this Ordinance are being satisfied. Following the preliminary site plan review, a developer shall submit detailed plans and drawings for final site plan review by City divisions and departments. Both preliminary and final site plan review may be conducted concurrently at the option of the developer.
(c) The Planning Commission shall have authority to grant yard and area variances and special exceptions from the terms of this Ordinance concurrent with Site Plan review pursuant to Article X, Section 3 (Commissions and Boards) of the City Charter. Variances shall only be granted according to the notice and hearing procedures and standards for decisions outlined in Section 1103.03 (Appeals and Hearings) and Section 1103.05 (Decisions of the Board of Zoning Appeals) of this Ordinance.
(d) An applicant for formal site plan approval shall file ten (10) copies of a site plan with the Zoning Inspector along with other required documents and an application fee.
(e) After reviewing an application for formal site plan approval for completeness and determining that the application and site plan is complete, the Zoning Inspector shall transmit copies of the site plan and application to the members of the Planning Commission along with other departments and agencies as deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed.
(f) Within five (5) calendar days following the determination that the application is complete, a sign providing general notice of the meeting on the proposed development to be held by the Planning Commission shall be posted on the property in question.
(g) Within thirty (30) calendar days following the determination that the application is complete, the Planning Commission shall meet and consider the proposed preliminary site plan, and shall make a decision concerning:
(1) The adequacy of the information presented to determine the impacts of the proposed development compared with the standards established under Section 1111.05 (Site Plan Standards for Review).
(2) Whether to approve, conditionally approve, or deny the site plan along with any conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development.
(h) The final action by the Planning Commission on a preliminary site plan shall consist of either:
(1) Approval of the site plan based upon a determination that the proposed Preliminary Site Plan will constitute a suitable development and the plan meets the standards set forth in this Ordinance. Within a one (1) year period, unless extended for good cause by the Planning Commission, the applicant shall apply for final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments.
(2) Approval of the site plan subject to any conditions, modifications, and restrictions as required to ensure that the project meets the standards for review. This approval is subject to final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments. Within a one (1) year period, unless extended for good cause by the Planning Commission, the applicant shall apply for final site plan approval by the Zoning Inspector pursuant to technical review by City divisions and departments. All conditions, modifications, and restrictions placed upon the preliminary site plan approval by the Planning Commission shall be addressed in the final site plan application materials and documents.
(3) Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in Section 1111.05 (Site Plan Standards for Review). If the site plan is disapproved, the specific basis for such disapproval shall be provided along with a clear description of how the site plan could be modified to be acceptable. Any resubmission of a site plan may be considered after the adjoining property owners previously notified have been provided a ten (10) calendar day notice by first class mail of such a subsequent meeting.
(i) Within thirty (30) calendar days following complete submission of an application for final site approval, the Zoning Inspector shall approve or disapprove the application. One (1) copy of the plans shall be returned to the applicant by the Zoning Inspector after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. Such period may be extended by the Zoning Inspector in the event that additional studies are required or at the option of the applicant if a comment review conference is scheduled to discuss any negative comments from reviewing City divisions or departments.
(1) Final site plan approval issued under this Section shall lapse within one (1) year if a substantial use thereof has not commenced, except for good cause as determined by the City Administrator.
(2) In the event of disapproval, the Zoning Inspector shall provide the applicant in writing of the decision and provide comments for necessary modifications to the application in order to bring it within conformance with the requirements of this Ordinance. Failure to respond to comments within six months of the date of a comment letter shall constitute abandonment of the project and shall require resubmittal as a new site plan subject to both preliminary and final site plan review.
(Ord. 2008-06. Passed 4-14-08.)
1111.04 SITE PLAN SUBMISSION REQUIREMENTS.
(a) All site plans shall be prepared by a professional engineer, architect, or landscape architect, registered in the State of Ohio.
(b) A site plan shall be clearly and legibly prepared on one or more sheets twenty-four (24) by thirty-six (36) inches in size with narrative provided on eight and one-half (8 ½) inch by eleven (11) inch sheets as necessary. The original shall be drawn on reproducible material capable of producing blue or black line paper prints. Site plans shall be prepared not to exceed a scale of one (1) inch equals twenty (20) feet. For developments of more than five [5] acres, the first sheet shall be drawn at a scale encompassing the entire project with following sheets indicating each portion of the project drawn at a scale not exceeding one (1) inch equals twenty (20) feet. The site plan may also be required in a digital or computer format.
(c) In order to be submitted to the Planning Commission, a site plan shall include items (a) through (k) in Section 1111.06 (Site Plan Content). All remaining technical site and engineering requirements contained in items (l) through (o) in Section 1111.06 (Site Plan Content) shall be provided to the City and approved by applicable City divisions and departments before final site plan approval is granted.
(d) An additional fee may be required to defray the expenses associated with the public review of the plans, including the need to retain a professional engineer, architect, or landscape architect or other professional consultant, registered in the State of Ohio, to advise the City on any or all aspects of the site plan.
(e) No site plan may be approved as part of the site plan review process, unless deemed to be consistent with urban design guidelines adopted by the City of Rossford.
(Ord. 2008-06. Passed 4-14-08.)
1111.05 SITE PLAN STANDARDS FOR REVIEW.
The Planning Commission shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below:
(a) Traffic: Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
(b) Parking: Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.
(c) Services: Reasonable demands placed on municipal services and infrastructure.
(d) Pollution Control: Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface water and groundwater. This includes controlling storm water soil erosion both during and after construction.
(e) Nuisances: Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, etc.
(f) Existing Vegetation: Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
(g) Amenities: The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside planting, and the retention of open space.
(h) Community Character: The building setbacks, area, and location of parking, architectural compatibility, signage, and landscaping of the development and how these features harmonize with the surrounding landscape.
(Ord. 2008-06. Passed 4-14-08.)
1111.06 SITE PLAN CONTENT.
A site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. Items required for submission include:
(a) Name of the project, boundaries, existing zoning on the site and within one hundred (100) feet of the site, and location maps showing the site's location in the City, date, north arrow, and scale of the plan.
(b) Name and address of the owner of record, developer, and seal of the professional engineer, architect, or landscape architect, registered in the State of Ohio, who prepared the site plan.
(c) All existing lot lines, easements, rights-of-way and 100-year flood plain boundaries. Include area in acres or square feet, a description of abutting land uses, and the location and use of structures within one-hundred (100) feet of the site.
(d) The location and use of all existing and proposed buildings and structures within the development including building footprints, overhangs, site coverage, building- ground contact, and area. A brief description of the use of the site shall be included with an estimate of the number of employees.
(e) All dimensions of height and floor area showing all exterior entrances and all anticipated future additions and alterations of all buildings.
(f) Illustrations of traffic movement, ingress and egress, and the location and dimensions of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences. Traffic flow patterns curb cuts within one hundred (100) feet of the site shall also be shown. Provide calculations for required parking.
(g) Lighting plan showing the location, height, intensity, and bulb type (e.g., fluorescent, sodium, incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(h) The location, height, size, materials, and design of all proposed signage (see Chapter 1137 (Sign Regulations)).
(i) A landscape plan showing all existing natural land features, trees, forest cover, and water resources, and all proposed changes to these features including size and type of plant material. Water resources will include ponds, lakes, streams, wetlands, flood plains, and drainage retention areas.
(j) For new construction or alterations to any existing building, a table containing the following information must be included:
(1) Area of building to be used for a particular use such as retail operation, office, storage, etc.
(2) Maximum number of employees.
(3) Maximum seating capacity, where applicable.
(4) Number of parking spaces existing and required for the intended use.
(k) Elevation plans at a scale of one-quarter (1/4) inch equals one (1) foot for all exterior facades of the proposed structure(s) and/or existing facades, and addition(s) showing design features and type and color of materials to be used.
(l) The location of all present and proposed utility systems including: sewage or septic systems, water supply system, telephone, cable and electrical systems, and storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end-walls, hydrants, manholes, and drainage swales.
(m) Plans to prevent the pollution of surface or ground water, excessive runoff, excessive raising or lowering of the watertable, and flooding of other properties, as applicable. A copy of the National Pollutant Discharge Elimination System (NPDES) Construction Storm Water General Permit and Storm Water Pollution Prevention Plan (SWP3) for control of erosion of soil both during and after construction shall be provided for all sites greater than one (1) acre or where the site is part of a larger plan of development or sale.
(n) Existing and proposed topography at a one (1) foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark.
(o) Applicable fire prevention improvements, spaces, fire lanes, suppression systems, etc. (Ord. 2008-06. Passed 4-14-08.)
1111.07 SITE PLAN FEE.
The application for formal site plan approval shall include an application fee. The amount of such fee shall be established in accordance with Section 1102.07 (Schedule of Fees).
(Ord. 2008-06. Passed 4-14-08.)
1111.08 PERFORMANCE GUARANTEE.
(a) To insure compliance with the Zoning Ordinance or certain physical site improvements conditioned as a contingency to securing a site plan approval or variance, the City of Rossford shall require any one of the following:
(1) A cash deposit in the amount of ten percent (10%) of the total improvement value, to be deposited with the City of Rossford.
(2) A certified check, or irrevocable bank letter of credit acceptable to the City of Rossford, in the amount of ten percent (10%) of the total improvement value, to be deposited with the City of Rossford.
(3) A performance guarantee bond equal to one hundred percent (100%) of the total improvement value.
(b) As used in this section, improvements shall mean those features and actions associated with a project which are considered by the City of Rossford to protect natural resources, or the health, safety and welfare of the residents in the City of Rossford, and future users or inhabitants of the proposed project or project area including roadways, lighting, landscaping, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project which is the subject of the site plan approval. The performance guarantee shall be deposited at the time of issuance of the zoning permit authorizing the activity or project and shall not be required prior to the time when the City is preparing to issue the permit. The City of Rossford may suspend any Zoning Permit when work is not performed as required and initiate claims against the above described surety to complete the improvements as required in the approved plan. (Ord. 2010-02. Passed 1-11-10.)
1112.01 PURPOSE.
Most types of land use covered by this Ordinance are grouped according to compatibility and function, and each group is permitted outright in one (1) or more of the various districts established in the Ordinance. In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community. Such uses are classified in this Ordinance as "Special Uses." Also included within the category of special uses are uses municipally operated or operated by publicly regulated utilities, and uses traditionally affected by public interest (other than those designated under "P" Districts).
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1112.02 PROCEDURES FOR OBTAINING A SPECIAL USE PERMIT.
Any owner of property for which a Special Use is proposed, or any agent thereof, may apply for a Special Use permit by filing an application with the Zoning Inspector.
(a) After reviewing the application and determining that it is complete, the Zoning Inspector shall transmit copies of the application to the Planning Commission along with other agencies and organizations deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed.
(b) Within thirty (30) calendar days following the determination that the application is complete, the Planning Commission shall hold a public hearing.
(c) Notice of such hearing shall be given in one or more newspapers of general circulation in the City at least ten (10) calendar days before the date of said hearing.
(1) The notice shall set forth the time and place of the hearing, and shall provide a summary explanation of the Special Use proposed.
(2) A sign of general notice shall also be posted on the property in question.
(d) Following the hearing, but within thirty (30) calendar days after the determination that the application is complete, the Planning Commission shall make a decision.
(e) The decision may be appealed by any interested party in writing to City Council if such appeal is made within thirty (30) days following the decision of the Planning Commission. The written appeal must be filed with the Municipal Administrator. On receipt of the written appeal, the Council shall discuss the appeal at a second public hearing and shall make a decision whether to grant the special use.
(Ord. 2008-06. Passed 4-14-08.)
1112.03 GENERAL STANDARDS FOR ALL SPECIAL USES.
The Planning Commission shall review the particular facts and circumstances of each proposed Special Use in terms finding that the proposed Special Use:
(a) Is in fact, a Special Use as established under the provisions of the applicable zoning district.
(b) Will be in accordance with the general objectives or with any specific objectives of the Master Plan.
(c) Is designed, constructed, operated, and would be maintained so as to be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(d) Will not be hazardous or disturbing to existing or future neighboring uses.
(e) Will be served adequately by essential public facilities and services.
(f) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(Ord. 2008-06. Passed 4-14-08.)
1112.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting approval for any Special Use, the Planning Commission may prescribe appropriate conditions and safeguards in conformance with this Ordinance. Any violation of such conditions and safeguards, when made a part of the terms under which the Special Use is granted, shall be deemed a punishable violation of this Ordinance. Examples of appropriate conditions and safeguards include:
(a) Larger buffer areas between the proposed Special Use and adjacent property.
(b) Greater yard requirements.
(c) Limits on the location or illumination of signs.
(d) Limits on where parking areas may be located.
(Ord. 2008-06. Passed 4-14-08.)
1112.05 EXPIRATION OF SPECIAL USE PERMIT.
A Special Use permit shall be deemed to authorize only one particular Special Use, and said permit shall automatically expire if such Special Use has not been instituted or utilized within one (1) year of the date on which the permit was issued, or if for any reason such use shall cease for more than two (2) years.
(Ord. 2008-06. Passed 4-14-08.)
1113.01 PUD APPROVAL PROCEDURE.
The applicant for a PUD is required to submit both a Preliminary Plan and a Final Development Plan which meet the standards for a PUD contained in Title Three (Zoning Districts and Regulations) of this Zoning Ordinance. Property proposed to be developed as a PUD must be rezoned to PUD. The decision to approve a Final Development Plan and to rezone a property to PUD are done concurrently.
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1113.02 PRELIMINARY PLAN.
As part of the request for PUD approval, a Preliminary Plan and proposed Development Standards Text must be submitted to the Planning Commission.
(a) The Preliminary Plan is a conceptual plan submitted at the time of a formal request for PUD approval and rezoning. The Preliminary Plan must contain the following elements:
(1) A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development was planned to utilize the existing site, identifying charges to the existing site grading and noting major trees that will be removed as part of the proposed development.
(2) A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.
(3) An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer, and storm drainage facilities.
(4) The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.
(5) A conceptual landscaping plan.
(6) A proposed schedule or phasing of development of the site.
(7) Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.
(8) Name and address of the owner (owners) of record, developer, and the seal of the architect who prepared the plan.
(9) Names and addresses of all owners of record of abutting parcels and those within three hundred (300) feet of the property line.
(10) Any additional information required by the Planning Commission necessary to determine that the proposed development meets the intent and purposes of the PUD District.
(b) A Development Standards Text shall be submitted as part of the Preliminary Plan and shall describe the proposed development standards. Development standards include, but are not limited to, restrictions on land uses permitted Chapter 1132 (Permitted and Special Land Uses), maximum lot coverage, building setbacks, landscaping requirements, signage limitations, access control measures, etc. Unless specifically modified by the Development Standards Text, the standards established by this Chapter, or the most applicable zoning district shall apply.
(c) In addition to the above, the Planning Commission may require additional information, including environmental impact studies and archaeological surveys prepared by appropriate professionals to document the impacts of the development and to address potential mitigation measures. The applicant shall be responsible for reasonable expenses incurred by the City in reviewing final development plans. Such expenses are beyond application fees established by the City and may include professional service fees such as legal expenses or fees from other professionals, such as engineers, architects, landscape architects, planners, or environmental scientists incurred in connection with reviewing the plans submitted.
(Ord. 2008-06. Passed 4-14-08.)
1113.03 FINAL PLAN.
Following approval of the Preliminary Plan by the Planning Commission and prior to the issuance of a Zoning Certificate for all or part of the development, a Final Development Plan and Final Development Standards Text shall be submitted to both the Planning Commission and City Council for approval. The Final Development Plan and Development Standards Text shall include the following elements:
(a) Site Survey: On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way, and utilities.
(b) Setbacks: Indicate building, service areas, parking lot, and signage setbacks including front yard, rear yard, and side yard areas and shall be in accordance with the approved Development Standards Text.
(c) Modifications of Development Standards Text: Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text documents.
(d) Height Requirements: Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear, and side elevation drawings.
(e) Parking and Loading: All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles, and loading spaces. Size, number of spaces, and general location shall also be governed by the Development Standards Text.
(f) Waste and Refuse: Handling of waste and refuse materials shall be indicated and described by the Development Standards Text to include appropriate screening and type of containerization.
(g) Circulation: All major circulation routes, including materials, adjacent curb cuts, collector, and local streets shall be indicated including rights-of-way, dimensions, pavement widths, and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and services routes. Major pedestrian circulation routes shall also be indicated including dimensions of paths and pedestrian crossings, etc. plus any attempts at separating vehicular and pedestrian/recreation movement.
(h) Landscaping: As part of the Final Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding, and fencing. Landscape features shall be shown as well as planting dimensions, height, caliper, and type of plant materials per the Development Standards Text.
(i) Signage and Graphics: All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color, and illumination shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.
(j) Lighting: All exterior lighting fixtures shall be shown including parking lot lighting, street walkway, or pedestrian lighting, walkway accent lighting, and building accent lighting. Lighting intensity and installation height shall be indicated.
(k) Fencing: All fences shall conform to the Development Standards Text and appropriate materials, heights, location, and style indicated.
(l) Architectural Treatment: As part of the Final Development Plan, front, rear, and side building elevations shall be shown in accordance with the Final Development Standards Text indicating building material, color, and height. Color material samples shall also be made available for inspection.
(Ord. 2008-06. Passed 4-14-08.)
1113.04 PRELIMINARY PLAN AND FINAL PLAN REZONING APPROVAL PROCESS.
The approval by Council and the Planning Commission of both a preliminary development plan and final plan/rezoning is required before the issuance of any zoning permit in a proposed PUD development. Not withstanding these requirements, however, at any time before the formal submission and review of a Preliminary or Final Plan, an applicant may informally submit information and sketch plans to the Planning Commission for review and comment.
(a) Preliminary Plan Review Process.
(1) An applicant for a preliminary plan approval shall file ten (10) copies of a plan and proposed development standards text with the Zoning Inspector along with other required documents and an application fee.
(2) After the application is found to be complete by the Zoning Inspector, the application shall be reviewed by the Planning Commission following thirty (30) calendar days public notice in a newspaper of general circulation.
(3) Within five (5) calendar days following the determination that the application is complete, notices of the meeting to be held by the Planning Commission on the proposed development shall be sent, by first class mail, to all property owners within three hundred (300) feet of the proposed development. Such names and addresses of all property owners shall be provided by the applicant.
(4) Copies of the proposed Preliminary Plan and Development Standards Text shall also be circulated to applicable municipal officials for review and comment.
(5) The Planning Commission may approve, disapprove, or modify a Preliminary Plan submission and such action shall be valid for five (5) years. Approval of the Preliminary Plan and Development Standards Text is required before a Final Development Plan and Final Development Standards Text may be submitted pursuant to the description below.
(b) Final Development Plan Review Process. All PUD Final Development Plan submissions are deemed to be an application for amendment to the Zoning Ordinance according to Chapter 1114 (Amendment Procedures). All procedures described therein shall be followed in considering an application for a rezoning of the land in question to PUD. Thereafter, with the concurrent approval of the rezoning and Final Development Plan pursuant to the criteria stated in Section 1113.05 (Basis for Plan Approval), all development restrictions and conditions described in the Final Development Plan and Final Development Standards Text shall become official requirements of the PUD. W here a proposed PUD also constitutes a subdivision pursuant to Title V (Planning and Platting), all subdivision review procedures may be conducted concurrently with PUD approval.
(Ord. 2008-06. Passed 4-14-08.)
1113.05 BASIS FOR PLAN APPROVAL.
The Planning Commission and City Council shall review proposed Preliminary and Final Development Plans according to the following criteria:
(a) Preliminary Plan: The basis for the approval of the Preliminary Plan shall be:
(1) That the proposed development is consistent in all respects with the purpose, intent, and applicable standards of this Zoning Ordinance.
(2) That the proposed development is in conformity with appropriate comprehensive plans or portion thereof as it may apply.
(3) That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility, and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the City.
(4) That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning Commission.
(5) That the plan provides for the coordination and integration of individually designed buildings into one planned district.
(b) Final Development Plan: Basis for approval of a Final Development Plan shall be:
(1) That the plan is complete in all respects relative to the requirements set forth in this Chapter.
(2) That the Development Standards Text approved as part of the Preliminary Plan supports and enhances the purposes and intent of the Planning and Zoning Ordinance.
(3) That all engineering issues have been resolved to the satisfaction of the appropriate City agency and that approval of the Final Development Plan is subject to the acceptance of final engineering of all phases of the development.
(4) The City may require the posting of a bond or other performance guarantee to ensure compliance with the plan. It may suspend any permit when work is not performed as required.
(Ord. 2008-06. Passed 4-14-08.)
1113.06 AMENDMENTS (CHANGES).
After the Final Development Plan has been approved by the City Council, adjustments, or rearrangements of buildings, parking areas, entrances, heights, or yards may be requested by the proponents.
(a) Minor changes, as defined herein, are allowed, provided such requests conform to the standards established by the Final Development Plan and this Ordinance. A minor change shall require approval by the Planning Commission and shall include the following:
(1) Adjustments to the size and location of buildings, swimming pools, and other on site structures provided:
A. They do not result in an increase in the number of housing units approved in the final plan.
B. They do not encroach materially into the established setback areas.
C. They do not create a larger building mass either through an increase in their height or length that would magnify their effect on the adjoining areas.
(2) Alterations to the proposed drives and/or parking areas if they do not encroach into building areas or specified recreation areas.
(3) Adjustments in the size and location of development identification signs.
(b) A major change is any change that does not meet the criteria above and, in addition, is one (1) which would constitute a significant alterations in the basic plan design or result in a use different from those originally intended. A major change shall require submittal of a Final Development Plan and Development Standards Text as defined in Section 1113.03 (Final Plan) of the portion of the development proposed to undergo a major change. The amended Final Development Plan and Development Standards Text shall be reviewed by the Planning Commission and approved by the City Council.
(Ord. 2008-06. Passed 4-14-08.)
1114.01 PROCEDURE FOR ZONING AMENDMENTS.
This Ordinance may be amended by utilizing the procedures specified this Chapter.
(Ord. 2008-06. Passed 4-14-08.)
1114.02 GENERAL PROVISIONS.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Council may, by resolution after receipt of recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement, change or repeal the regulation, restriction, and boundaries or classification of property described by this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1114.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Ordinance may involve an amendment of the text of this Ordinance or the Zoning Map and may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission.
(b) By adoption of a resolution by the Council.
(c) By the filing of an application by at least one (1) owner or lessee of a property within the area proposed to be changed or affected by said amendment.
(Ord. 2008-06. Passed 4-14-08.)
1114.04 CONTENTS OF APPLICATION FOR ZONING MAP AMENDMENT.
Applications for amendments to the Zoning Map adopted as part of this Ordinance shall contain at least the following information:
(a) The name, address, and phone number of applicant.
(b) The proposed amending Ordinance, approved as to form by the Law Director.
(c) A statement of the reason(s) for the proposed amendment.
(d) Present use.
(e) Present zoning district.
(f) Proposed use.
(g) Proposed zoning district.
(h) A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(i) A list of all property owners and their mailing addresses who are within contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and the others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned.
(j) A statement on the ways in which the proposed amendment relates to the comprehensive plan.
(k) A fee as established by Council. The amount of such fee shall be established in accordance with Section 1102.07 (Schedule of Fees).
(Ord. 2008-06. Passed 4-14-08.)
1114.05 CONTENTS OF APPLICATION FOR ZONING TEXT AMENDMENT
Applications for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Ordinance, other than the Zoning Map, shall contain at least the following information:
(a) The name, address, and phone number of the applicant.
(b) The proposed amending ordinance, approved as to form by the Law Director.
(c) A statement of the reason(s) for the proposed amendments.
(d) A statement explaining the ways in which the proposed amendment relates to the Comprehensive Plan.
(e) A fee as established by Council. The amount of such fees shall be established in accordance with Section 1102.07 (Schedule of Fees).
(Ord. 2008-06. Passed 4-14-08.)
1114.06 TRANSMITTAL TO PLANNING COMMISSION.
Immediately after the initiation of the Zoning Amendment pursuant to Section 1114.03 (Initiation of Zoning Amendments), said resolution or application shall be transmitted to the Planning Commission.
(Ord. 2008-06. Passed 4-14-08.)
1114.07 PUBLIC HEARING BY PLANNING COMMISSION.
The Planning Commission shall schedule a public hearing at its next regularly scheduled meeting where the following notice provisions may be met, but not more than forty (40) calendar days from the initiation of the Zoning Amendment pursuant to Section 1114.03 (Initiation of Zoning Amendments).
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1114.08 NOTICE OF PUBLIC HEARING.
Notice of the public hearing required in Section 1114.07 (Public Hearing By Planning Commission) shall be given by the Commission in at least one (1) publication on one (1) or more newspapers of general circulation in the City of Rossford. Said notice shall be published at least thirty (30) calendar days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 2008-06. Passed 4-14-08.)
1114.09 NOTICE TO PROPERTY OWNER.
If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, the Secretary of the Planning Commission shall cause a sign of general notice to be posted on the property in question. The notice shall contain the same information as required by Section 1114.08 (Notice of Public Hearing) of notices published in newspapers. Failure to post notice as provided in this Section shall not invalidate any zoning amendment.
(Ord. 2008-06. Passed 4-14-08.)
(Ord. 2008-06. Passed 4-14-08.)
1114.10 RECOMMENDATION BY PLANNING COMMISSION.
Within sixty (60) calendar days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to the Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The written decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based, and include the basis for their determination that the proposed amendment is or is not consistent with the comprehensive plan.
(Ord. 2008-06. Passed 4-14-08.)
1114.11 EFFECTIVE DATE AND REFERENDUM.
Such amendment adopted by Council shall become effective thirty (30) calendar days after the date of such adoption unless within thirty (30) calendar days after the passage of the Ordinance there is presented to the Clerk of Council, a petition, signed by a number of qualified voters residing in the City of Rossford equal to but not less than ten (10) percent of the total vote cast in such areas at the last preceding general election at which a Governor was elected, requesting the Council to submit the Zoning Amendment to the electors of the City of Rossford for approval or rejection at the next general election.
(Ord. 2008-06. Passed 4-14-08.)