Sandusky City Zoning Code
TITLE ONE
Zoning Administration
1105.01 TITLE.
1105.02 PURPOSES.
This Zoning Code is adopted to promote and protect the health, safety, convenience, and the general welfare of the community by regulating the use of buildings or other structures, and land for residence, trade, industry, public or other purposes; by regulating the area and dimensions of land, yards, and other open spaces; by regulating and restricting the bulk, height, design, percent of lot occupancy, and location of buildings; by regulating and limiting population density; and, to divide the City into districts as may be deemed best suited to carry out these regulations.
(Ord. 03-071. Passed 3-10-03.)
1105.03 INTENT.
This Zoning Code is intended, among other purposes:
(a) To protect the character and values of residential, business, commercial, manufacturing, institutional, and public uses, and to insure their orderly and beneficial development;
(b) To provide adequate open spaces for light and air; to prevent overcrowding of the land; to prevent excessive concentration of population; and, on the other hand, to prevent sparse and uncoordinated development;
(c) To locate buildings and uses in relation to streets, according to City plans, in a way that will cause the least interference with, and be damaged least by traffic movements, and will lessen street congestion and improve public safety;
(d) To establish zoning patterns that insure economical extensions for sewers, water supply, and other public utilities as well as developments for recreation, schools, and other public facilities;
(e) To guide the future development of the City so as to bring about the gradual conformity of land and building uses in accordance with a comprehensive plan;
(f) To accomplish the intents and goals set forth in the introduction to the respective districts or groups of districts.
(Ord. 03-071. Passed 3-10-03.)
1105.04 COMPLIANCE.
All public officials of the City, vested with the duty and authority to issue legal documents, shall not issue permits or certificates for any building or use that would result in conflict with provisions of this Zoning Code.
(Ord. 03-071. Passed 3-10-03.)
1105.05 RELATION TO OTHER REGULATIONS.
(a) The provisions of this Zoning Code shall not annul existing deed or plat restrictions, codes, laws, rules, regulations, or permits previously adopted or issued.
(b) Where this Zoning Code is more restrictive as to the use of buildings or land, or limits the height or bulk of buildings, or requires larger areas and yards than are required by other deed or plat restrictions, codes, laws, ordinances, rules, or regulations, this Zoning Code shall govern; and conversely, other regulations shall govern where they are more restrictive in nature than this Zoning Code.
(c) This Zoning Code shall not be construed as removing or rendering inoperative, any deed or land restriction formerly established by restrictive covenants that run with land easements, or other agreements between parties.
(Ord. 03-071. Passed 3-10-03.)
1105.06 BUILDING UNDER CONSTRUCTION.
Buildings for which permits have been issued as of the effective date of this Zoning Code may be completed if construction is commenced within 90 days after the effective date and if completed with reasonable diligence, notwithstanding the fact that construction may not in all respects be in compliance with the provisions hereof.
(Ord. 03-071. Passed 3-10-03.)
1107.01 DEFINITIONS.
For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
(a) Areas.
(1) “Area of buildings" means the area at the ground level of the main building and all accessory buildings (excluding unenclosed porches, terraces and steps), measured from the outside surface of exterior wall.
(2) “Area of lot" means the total horizontal area within the lot boundary line of a zoning lot.
(b) Automotive; Garages, Parking Areas, Service Stations.
(1) “Private garage” means an accessory building or part of the main building, used for the parking or temporary storage of occupants’ (of one- or two- family dwellings) passenger automobiles, and in which no occupation, business or service may be conducted for remuneration.
(2) "Storage garage” means an accessory building or part of the main building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no occupation, business, or service, except home occupations, may be conducted for remuneration.
(3) “Repair garage” means a main or accessory building in which general repair work is performed or which is designed to be used for performance of work on motor vehicles.
(4) “Service garage” means a repair garage accessory to an automobile salesroom.
(5) “Accessory parking area” means an open or enclosed area (other than a street or driveway), accessory to a dwelling or other building, and used for the parking of passenger automobiles for occupants, their guests, or customers, of the building.
(6) "Public parking area” means an open or enclosed area (other than an accessory parking area) used for passenger automobile parking, with or without a fee.
(7) “Sales lot” means an open area used for the display, sales, or rental of new or used motor vehicles, in which no repair work (except minor and then only incidental to items sold) is performed.
(8) “Service station” means a building and land including pumps, tanks, and grease racks, used for the retail sale of gasoline, lubricants, batteries, tires, and other automobile accessories, and limited to performing minor services and repairs.
(c) “Block” means an area of land bounded by streets, public parks, railroad rights of way, bulkheads, or shore lines, or by other definite limits.
(d) “Board” means the Board of Zoning Appeals.
(e) “Brewpub” means an establishment where the majority of beer, wine, spirituous liquor, or other alcoholic beverages is manufactured onsite for mainly on premise consumption or is either hand bottled or individually capped in sealed containers to be sold directly to the customer.
(f) Buildings and Structures.
(1) “Structure” means that which is constructed, located more or less permanently on the ground or permanently attached to something located on the ground.
A. Including: buildings, barriers, bridges, bulkheads, coal bunkers, fences, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, roadside stands, sheds, signs, and walls;
B. Excluding: trailers and other vehicles whether on wheels or other supports.
(2) “Building” means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines, and used as a shelter or enclosure for persons, animals, or property. “Building” shall be used synonymously with “structure” unless otherwise noted, and shall be construed as if followed by the words “part or parts thereof.”
(3) “Main building” means the building occupied by the chief use or activity on, or intended for the premises, all parts of which building are connected in a substantial manner by common walls or a continuous roof.
(4) “Accessory building” means a subordinate building detached from, but located on the same zoning lot as the main building, the use of which is customarily incident to that of the main building or use.
(5) “Building line” (synonymous with “setback line”) means a line established by this Code, generally parallel with and measured from a lot line, defining the limits of a yard in which no building or structure above ground may be located, except as otherwise provided herein.
(6) “Completely enclosed building" means a building separated on all sides from the adjacent open space or from other buildings, by a permanent roof and by exterior walls or party walls, pierced only by windows, and entrance or exit doors.
(7) “Detached building" means a building surrounded by open space.
(8) “Shed” shall be a non-residential one-story accessory building with a floor area less than 120 square feet and a residential one-story accessory building with a floor area less than 200 square feet.
(g) “Commission" means the City Planning Commission.
(Ord. 15-201. Passed 12-28-15.)
(Ord. 15-201. Passed 12-28-15.)
(h) Dwellings and other living accommodations.
(1) “Dwelling unit” means space, within a dwelling, comprising living, dining, and sleeping room or rooms, storage closets, as well as space and equipment for bathing and toilet facilities, all used by only one family.
(2) “Dwelling” means a building occupied exclusively for residential use (including one-family, two-family, or multi-family buildings).
(3) “One-family dwelling” means a building consisting of one dwelling unit only, detached or separated from other dwelling units by open spaces.
(4) “Two-family dwelling" means a building consisting of 2 dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances (including duplex and flats).
(5) “Multi-family dwelling” means a building consisting of 3 or more dwelling units with varying arrangements of entrances and party walls (including apartment house, apartment hotel, and row house).
A. “Row house" means a multi-family dwelling comprising dwelling units attached in a row or group, having party walls, and each unit having at least one separate outside entrance.
B. "Apartment building” means a multi-family dwelling comprising 3 or more dwelling units (apartments), arranged side by side or one above the other, and each unit having a separate entrance or entrances connected to a common outside entrance or entrances.
C. “Apartment hotel" means a unit similar to an apartment house, except that the unit may be used for more or less transient occupancy.
(6) “Accessory living accommodations” means a building, or part thereof, used solely as accommodations for occupants, personal guests, or persons employed on the premises, or nonpaying transients, and in which no cooking or similar housekeeping equipment is provide.
(7) "Rooming house" means a building operated by a resident family, accommodating for compensation 3 through 10 persons.
(8) “Tourist house” means a one-family dwelling, operated by a resident family, in which only overnight guests are lodged for compensation.
(9) “Hotel” means a building containing living and sleeping accommodations (excluding cooking facilities within the rental unit) for transient occupancy, and having a common entrance or entrances.
(10) “Motel” means a building or buildings (detached or semidetached) having separate outside entrance or entrances, and containing accommodations for compensation for automobile travelers and vacationers.
(11) “Transient occupancy” means to use, occupy or possess, or the use, occupancy, or possession of a dwelling or other living accommodation for a period of 30 consecutive calendar days or less.
(Ord. 23-080. Passed 3-27-23.)
(i) “Family” means either an individual, 2, or more persons who live together in one dwelling unit, and maintain a common household, related by blood, marriage, or adoption; or not more than 3 persons not related by blood, marriage, or adoption.
(j) “Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.
(k) Grades.
(1) “Established street grade” means the elevation established by the City, at the roadway center line or curb in front of the lot.
(2) “Natural Grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(3) “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(l) “Height of building” means the vertical distance measured from the highest point of the coping of a flat roof, or the distance measured from the mean level between the eaves and ridge of a pitched roof, each of which is measured to the average finished grade across the front of the building.
(m) Home occupations and professional offices.
(1) "Home occupation” means a gainful occupation generally accepted as incidental and secondary to the use of the dwelling for residential purposes, conducted wholly within a dwelling, or in a building accessory thereto, and only by members of the resident family.
(2) “Home professional office” means a secondary office, accessory to and located in the dwelling occupied by a person practicing in any of the recognized professions as set forth in Section 1129.06(b).
(n) Illumination.
(1) “Fully Shielded Design” are full cutoff fixtures, meaning fixtures are shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
(o) “Junk or wrecking yard” means land used to dismantle more than one motor vehicle or trailer, or land used to store, sell, or dump partly dismantled, obsolete, or wrecked vehicles or their parts, second-hand building materials, junk, paper, containers, or other salvaged materials.
(p) “Large Brewery” means an establishment where beer, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail, or wholesale, on or off premise at a production ration of more than 15,000 barrels per year. The development may include other uses such as tasting room, taproom, or table service restaurant.
(q) “Legislative body” means the City Commission.
(r) “Loading space” means an open or enclosed space (other than a street), used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(s) Lot.
(1) “Lot of record” means land designated as a separate parcel on a plat, map, or deed in the records of Erie County, Ohio.
(2) “Zoning lot” means a single tract of land abutting a street, occupied or intended to be occupied by a use, building, or group of buildings and their accessory uses and buildings as a unit, together with open spaces as are required by the Zoning Code, which may or may not coincide with a lot of record. Unless the context clearly indicates the contrary, “lot” is used synonymously with “zoning lot” throughout the Zoning Code.
(3) "Corner lot” means a lot abutting on 2 streets at their intersections, where the interior angle of intersections is not more than 135 degrees.
(4) "Interior lot” means a lot other than a corner lot or through lot.
(5) “Through lot” means a lot which has 2 street lines opposite each other, and which are parallel, or within 45 degrees of being parallel to each other.
(6) “Lot line” means the boundary of a lot separating it from adjoining public or private land, including a public street.
(7) "Front lot line” means the lot line separating an interior lot from the street upon which it abuts; or the shortest lot line of a corner lot which abuts upon a street, except when lot lines abutting streets are of equal length, the front lot line shall be considered on the street having the longest frontage within same block.
(8) “Rear lot line” mean a lot line parallel or within 45 degrees of being parallel to the front lot line.
(9) "Side lot line” means a lot line which is neither a front nor rear lot line.
(10) “Lot depth” means the mean horizontal distance of a lot measured between the front and rear lot lines.
(11) “Lot width” means the horizontal distance of a lot measured along the building line at right angles to the mean lot depth line.
(t) “Microbrewery” means an establishment where beer, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail, or wholesale, on or off premise. The brewery may produce up to 15,000 barrels per year, beer, wine, spirituous liquor, or other alcoholic beverage annually.
(u) Nonconforming building and use.
(1) “Nonconforming building” means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the area, yard, height, or off-street parking regulations of the district in which it is located.
(2) “Nonconforming use” means the use of a building or land existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations of the district in which it is located.
(v) “Occupancy certificate” means an official statement asserting that a given building, other structure, or parcel of land, is in compliance with the provisions of this Zoning Code, and hence may be used lawfully for the purposes designated thereon.
(w) "Paved surface" means a ground surface covered with poured concrete with or without decorative surface materials, blacktop, pavers, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel shall not be considered a paved surface.
(x) "Shall” is mandatory and not directory; “may” is permissive.
(y) Signs. (EDITOR’S NOTE: Former subsection (t) was repealed by Ordinance 03-112, passed July 14, 2003. Sign regulations are now codified in new Chapter 1143.)
(z) “Street” means an existing public way shown upon a plat heretofore approved by official action and duly filed and recorded and affording the principal means of access to abutting property.
(aa) Trailers.
(1) “House trailer” means a self-propelled or nonself-propelled vehicle so designed, constructed, or added to by means of accessories in such manner as will permit the use and occupancy therein for human habitation, whether resting on wheels, jacks, or other foundations, and used or so constructed as to permit its being used as a conveyance upon the public highways.
(2) “Trailer park” mean any premise occupied by, or designed to be occupied by, more than one family in house trailers, tents, camp cars, or similar facilities, and shall include the roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of a house trailer park.
(bb) “Trucking depots” means a building or premise in which freight, brought by motor truck, is assembled, sorted, or reloaded for shipment by motor truck.
(cc) Use.
(1) “Use” means any purpose for which buildings, other structures, or land may be arranged, designed, intended, maintained, or occupied; or any occupation, business, activity, or operation carried on in a building or other structure, or on land.
(2) “Main use” means the principal purpose of, or activity in a building, other structure, or land.
(3) "Accessory use” means a use, located on the same zoning lot with the main use of building or land, but incidental to the main use of the main building or land.
(4) “Conditional use” means an uncommon or infrequent use which may be permitted in specific districts, subject to the compliance with certain standards and explicit conditions, and the granting of a conditional use permit.
(dd) “Used for,” includes “arranged for,” “designed for,” “intended for,” "maintained for,” or “occupied for.”
(ee) “Variance” means a modification of the Zoning Code, permitted in instances where a literal application of these provisions would result in undue hardship as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question.
(ff) Yards and courts.
(1) “Yard” means that portion of the open area on a zoning lot extending between a building and the nearest lot line, open and unobstructed from the ground upward, except for projections as permitted in the Zoning Code.
(2) “Front yard” means the yard extending from the front wall of the building to the front lot line across the full width of the lot.
(3) “Rear yard” means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
(4) “Side yard” includes:
A. "Interior lot”: The yard extending between a side lot line and the nearest wall of the building and from the front yard to the rear yard.
B. “Corner lot”: The yard extending between a side lot line and the nearest wall of the building and from the front yard to the rear lot line on the street side.
(5) “Required yard” means the minimum yard required between a lot line and a line or a building, to comply with the regulations of the district in which the zoning lot is located.
(6) “Court” means an open space, other than a yard, bounded on 2 or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
(Ord. 15-201. Passed 12-28-15; Ord. 24-161. Passed 8-26-24.)
1109.01 INTENT.
(a) Administrative procedures are established for the application, enforcement, interpretation, appeal, and amendment of this Zoning Code.
(b) In order to promote the purposes and intent set forth in the preamble to each chapter of this Zoning Code, these provisions shall be regarded as minimum requirements.
(c) Where 2 or more specific provisions of this Zoning Code apply to the same subject, those restrictions shall govern which impose the higher standards; it is not intended, however, that where one or more specific provisions and an exception apply to the same subject, that the exception may not be applied because it may be less restrictive.
(Ord. 03-071. Passed 3-10-03.)
1109.02 GENERAL PROCEDURES.
(a) Compliance with the provisions of this Zoning Code shall be obtained by:
(1) Zoning Clearance, Zoning Permit and Building Permit;
A. Planning Commission Approval (when applicable);
B. Board of Zoning Code Appeals Approval (when applicable);
C. City Commission Approval (when applicable).
(2) Certificate of Occupancy upon completion (when applicable).
(b) Enforcement of the provisions of this Zoning Code shall be obtained by:
(1) Inspection and order for removal of violations;
(2) An injunction;
(3) Liability for failure to comply.
(c) Fees in connection with this Zoning Code shall be established by the Department of Community Development and published in the Index of Fees maintained by the Department of Community Development unless they are otherwise specifically set forth in the Codified Ordinances. (Ord. 03-071. Passed 3-10-03.)
1109.03 ZONING CLEARANCE, ZONING PERMITS AND BUILDING PERMITS REQUIRED.
(a) No excavation or site improvements shall be started, or no buildings or structures erected, altered, or moved until zoning clearance and a building permit have been applied for and approved by the Division of Planning and Division of Building respectively.
(b) Clearance shall be issued by Planning Officials only if the work described in the application clearly complies with all provisions of this and other municipal codes.
(c) A building permit for any of the buildings or uses requiring Planning Commission, City Commission or Board of Zoning Appeals approval shall not be issued until clearance has been granted by the appropriate body.
(d) A zoning permit shall be required for the erection of fences, sheds and portable signs.
(Ord. 05-159. Passed 11-14-05.)
(Ord. 05-159. Passed 11-14-05.)
1109.04 PERMITS MAY BE WITHHELD.
When a lot does not comply, zoning clearance shall not be granted for a structure unless:
(a) The lot shall abut upon a public or private street, and
(b) All improvements (e.g. utilities, pavements) as required by other codes shall be constructed, or their construction assured, and
(c) The lot shall be located in a duly recorded subdivision or resubdivision, or a lot of record and complies with the requirements of this Zoning Code.
(Ord. 03-071. Passed 3-10-03.)
1109.05 REQUIRED DRAWINGS.
Applications for zoning clearance shall be accompanied by:
(a) A plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features, and evidence that the lot has been surveyed and properly located;
(b) A plot plan drawn to scale showing the location of proposed and existing buildings; driveways and parking areas; the dimensions, locations, and uses of adjacent buildings on adjoining lots within ten (10) feet of the property lines; and proposed finished grades; and
(c) Other drawings and information as may be required by other departments, the Planning Commission, Board of Zoning Appeals, or City Commission for a building permit or zoning clearance.
(Ord. 03-071. Passed 3-10-03.)
1109.06 REVIEW OF APPLICATIONS.
(a) Application for building permits and zoning clearance and accompanying drawings shall be submitted to the Division of Building and Division of Planning. The applications and accompanying materials shall be submitted to the Planning Commission or Board of Zoning Appeals when required by this and other City codes.
(b) Within forty-five (45) days after a completed application is submitted, except in cases where prior approval of the Commission is required, a decision shall be made by the Division of Planning. If the application and all accompanying documents comply with this Zoning Code and other codes of the City, zoning clearance shall be issued.
(c) If the Division of Planning, Planning Commission, Board of Zoning Appeals, or the Division of Building does not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this Zoning Code. In such instances, conferences with applicants may be held.
(Ord. 03-071. Passed 3-10-03.)
1109.07 INSPECTION AND STOP WORK ORDER.
(a) The Division of Building and Division of Planning are 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 chapter. Prior to seeking entry to any property or structure, there must be an attempt to obtain permission from the owner or occupant. If such permission is denied or cannot be obtained, the City shall secure a valid search warrant prior to entry.
(b) Upon determination that work is being done contrary to this Zoning Ordinance, the City shall issue a stop work order or order for removal of violation, and post said order on the premises involved. Removal of or disobeying, a stop work order, except by the order of the City, shall constitute a violation of this Zoning Ordinance. After an order to remedy such a violation is served or posted on the premises, no work, except to correct the violation or comply with the order, shall proceed on any building or tract of land included in the violation.
(Ord. 03-071. Passed 3-10-03.)
1109.08 ESTABLISHMENT OF PLANNING COMMISSION.
(a) The City Commission, by Section 161.01 of the Codified Ordinances of the City of Sandusky, establishes a Planning Commission. The Planning Commission shall consist of seven (7) members; the President of the City Commission or another member of the City Commission designated by the President and confirmed by the City Commission to serve in his/her place, and six (6) citizens of the City each of whom shall serve without compensation and shall be appointed by the City Commission for a term of six (6) years.
(b) Powers and Duties by Section 161.02 of the Codified Ordinances of the City of Sandusky. The powers and duties of the Planning Commission shall be conferred in Part Eleven of the Planning and Zoning Code as are now in effect and as may be subsequently amended; the Planning Commission shall also have such powers and duties as conferred by Ohio R.C. 713.02, as now in effect and as may be subsequently amended by the General Assembly.
(c) General Duties: General duties of the Planning Commission include: decision on site plan and off-street parking proposals, lot combinations, minor and major subdivisions and recommendations on Zoning Map and Zoning Code amendments, right-of-way vacations, and planned unit developments.
(Ord. 03-071. Passed 3-10-03.)
1109.09 APPEALS FROM THE PLANNING COMMISSION.
Appeals from any decisions by the Planning Commission not governed by the procedure set forth in the Ohio Revised Code Section 713.02, must be filed with the Clerk of the City Commission within thirty (30) days from the Planning Commission hearing at which the decision was rendered. (Ord. 03-071. Passed 3-10-03.)
1109.10 CONDITIONAL USE PERMITS.
Conditional use permits shall be required for the uncommon and infrequent uses, uses that require extraordinary safeguards, and uses which may be permitted in more restrictive districts than the districts in which the uses are permitted by right. Enumerated throughout this Zoning Code are such uses and the districts in which they may be permitted, provided the following standards are fulfilled: all conditions set by the Planning Commission for specific uses, and a permit is granted by the Planning Commission.
(a) Application for permits shall be made to the Planning Commission. The Commission shall hold an adjudication hearing on the application. The Planning Commission shall schedule a hearing open to the public. Notice of the time, place, and purpose of the hearing shall be given by the following method:
A printed notice, not less than ten (10) days prior to the date of the hearing, sent to owners of all property as shown upon the records of the County Recorder, within 300 feet of the property which the conditional use permit has been requested.
(b) Standards for evaluating conditional use permits. An application for a conditional use permit shall not be approved unless it conforms with the intent of the City of Sandusky Comprehensive Plan and complies with the following conditions and standards:
(1) Residential District.
A. That the proposed use is properly located in relation to any adopted land use plan or major thoroughfare plan, secondary and local streets, and pedestrian circulation in the surrounding area;
B. That the proposed use when located on a local residential street is such as to generate a minimum of vehicular traffic through residential neighborhoods;
C. That the location, design, and operation of the use will not discourage the appropriate development, or impair the value of the surrounding residential district.
(2) Business, Commercial and Manufacturing Districts.
A. That the proposed use is necessary to serve community needs, and existing similar facilities located in a more remote district in which the use is permitted by right, are inadequate;
B. That the proposed use is not closer than appropriate in the particular situation to schools, churches, and other places of assembly.
C. That location size, intensity, and site plan of the proposed use shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations, or glare more than is normal, or as permitted by the performance standards of the district.
D. That the proposed use will form a harmonious part of the business, commercial, or manufacturing district, taking into account, among others, convenience of access and relationship of one use to another.
E. That the proposed use should be permitted in the next less restrictive district because of its limited nature, modern devices, equipment, or improvements;
F. That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(3) In addition to the above general standards set forth in subsections (b)(1) and (2) hereof, appropriate specific safeguards, applying to a particular application may also be specified in the permit.
(Ord. 03-071. Passed 3-10-03.)
1109.11 DETERMINATION OF OTHER SIMILAR USES.
Upon application for a use not specifically listed in the use classifications of that district, a similar main use may be determined by the Commission, which is in compliance with the following standards:
(a) The use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added;
(b) The use does not create traffic to a greater extent than other uses listed in the classification to which is to be added;
(c) In addition to the above general standards, appropriate specific safeguards, applying to a particular application, may also be specified in the permit;
(d) The Planning Commission may revoke the similar main use permit if the property is not maintained in the manner that would conform to the required standards.
(Ord. 03-071. Passed 3-10-03.)
1109.99 PENALTY.
(a) A person or a corporation shall be guilty of a misdemeanor of the fourth degree where: any violation of any of the provisions of this Zoning Code, exists in any building or tract of land, and a stop work order or notice of zoning violation has been served on the owner agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any person who commits or assists in any violation, and the person fails to comply with such order within 72 hours of a receipt of a stop work order or written notice.
(b) Any person who fails to comply within the specified time shall be guilty of a misdemeanor of the fourth degree with each day the violation continues being a separate offense.
(c) Filing an appropriate appeal to any order issued pursuant to the provisions of 1109.07 shall toll the time for compliance with such order until the appeal is ruled upon.
(d) Injunction. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of provisions of this Zoning Code, or there is an imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by the violation may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Erie County, for injunction to terminate or prevent the violation as a public nuisance.
(Ord. 03-071. Passed 3-10-03.)
1111.01 ORGANIZATION AND PROCEDURE.
(a) Appointment. The Board shall consist of five members who shall be residents of the City and be appointed by the City Commission. Each member shall serve a term of three (3) years. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause, by the City Commission, upon written charges having been filed with the Clerk of the City Commission and charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by certified mail, or by leaving same at their usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the City Commission and shall be for the unexpired term.
(b) Organization and Procedure. The Board shall organize and adopt rules for its own government not inconsistent with law or with any other ordinance of the City. Meetings of the Board shall be held monthly, unless determined otherwise, and at the call of the Chairman and at such other times as the Board may determine. The Chairman or in his absence, the acting chairman, may administer oaths and the Board may request the attendance of witnesses. All meetings of the Board shall be adjudication hearings and shall be open to the public. Factual evidence may be offered by affected parties. The Board shall keep minutes of its examinations and other official actions, all of which shall be filed in the Department of Community Development upon approval and shall be public record.
(1) Three members of the Board shall constitute a quorum. The Board shall act by resolution; and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of any Administrative Officer, to decide in favor of an applicant in any matter of which the Board has original jurisdiction under this Zoning Ordinance or to grant any variance from the requirements stipulated in this zoning ordinance.
(2) The Board may call upon the City Departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 17-029. Passed 2-27-17.)
1111.02 APPLICATION FOR APPEAL.
(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this zoning ordinance, may be taken by any property owner, including a tenant, or by a governmental officer, department, board, or bureau. Such application shall be filed with the Division of Planning who shall transmit the application to the Board.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or affected by a decision of the Division of Planning, by filing an application with the Division of Planning. The application shall specify the grounds for appeal. The Planner shall transmit to the Board all the papers constituting the records upon which the action was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Planner shall certify to the Board after the notice of appeal has been filed with it that by reason of facts, a stay, in the opinion of the Planner, would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by an injunction which may be granted by the Court of Common Pleas, after notice to the officer from which the appeal is taken and on due cause shown.
(3) The Board may reverse or affirm, wholly or in part or may modify the order, requirements, decisions or determination in its decision.
(Ord. 03-071. Passed 3-10-03.)
1111.03 HEARINGS AND NOTIFICATION.
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Notice of the time and place of hearings shall be mailed, by first class mail, at least ten (10) days prior to the hearing, to the property owners within three hundred (300) feet of the property requesting the variance. The notice shall be sent to the property owner listed on the current tax roll, list, or duplicate of the County and the address of the property if the address is a tax service. Each application or notice of appeal shall be accompanied by a fee as set forth by the City Manager and approved by the City Commission. At this hearing, the party shall appear in person or shall have authorized representation.
(b) The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(c) Upon the day for hearing of any application or appeal, the board may adjourn the hearing in order to permit gathering of additional information. In the case of an adjourned hearing, person previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(Ord. 03-071. Passed 3-10-03.)
1111.04 DECISIONS OF THE BOARD.
(a) The Board of Zoning Appeals shall decide all applications for appeals within a reasonable period of time and shall declare their finding at the final hearing.
(b) A certified copy of the Board’s decision shall be transmitted to the applicant and the Building Inspector by the Planner. Such decision shall be binding upon the Building Inspector and Planner and observed by him or her and shall incorporate the terms and conditions of same in the permit.
(Ord. 03-071. Passed 3-10-03.)
1111.05 WITHDRAWAL OF APPLICATION; REHEARING IF WITHDRAWN OR DENIED.
An application for a variance may be withdrawn at any time, but if withdrawn after the Board has convened the hearing at which it was to be considered, or if denied by the Board, substantially the same application shall not be considered within 24 months from date of withdrawal or denial.
(Ord. 03-071. Passed 3-10-03.)
1111.06 POWERS OF THE BOARD OF ZONING APPEALS.
(a) Interpretation. The Board shall have the power to interpret the Zoning Code in such a way as to carry out the intent and objective of the Code.
(b) Administrative Review. The Board shall have the power to hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Planner or other administrative official except the Planning Commission, in the interpretation of the provisions of the Zoning Code.
(c) Variances. The Board shall have the power to authorize upon appeal in specific cases, variances from the provisions or requirements of this Zoning Code. Variances shall be granted only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause an undue hardship or practical difficulty and where the variance will not cause harm to adjoining property owners.
Finding for a variance. When considering a request for a variance, the Board shall be subject to the powers and limitations previously set forth and further subject to the required findings set forth in subsections (c)(1) and (2) hereof depending on the specific type of variance.
(1) Lot area and setback variance. No variance to the provisions or requirements of the Zoning Code, pertaining to lot area or setback shall be granted by the Board unless the Board has determined that a practical difficulty does exist or will result from the literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area or setback variance, has proved practical difficulty include:
A. Whether the variance is substantial;
B. Whether the essential character of the neighborhood would be substantially altered or whether adjoining property would suffer a substantial determent as a result of the variance;
C. Whether the variance would adversely affect the delivery of government services (i.e. water, sewer, garbage, fire, police or other);
D. Whether the property owner purchased the property with the knowledge of the zoning restriction;
E. Whether the property owner’s predicament can be resolved through some method other than a variance;
F. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by the granting of the variance;
G. Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without a variance; and
H. Whether the granting of the variance will be contrary to the general purpose, intent and objective of the Zoning Code or other adopted plans of the City.
(2) Other variances. The Board may authorize a variance, other than a lot area or setback variance, in specific cases, from the strict application of the Zoning Code; provided that it has considered the factors enumerated in subsections (c)(1)A. through H. hereof and further provided that all the conditions enumerated subsections (c)(2)A. through E. hereof have been met:
A. That the variance requested arises from such a condition which is unique and which is not ordinarily found in the same zoning district; and is created by the Zoning Code and not be an action or actions of the property owner or the applicant;
B. That the granting of the variance will not adversely affect the rights of the adjacent property owners or residents;
C. That the strict application of the Zoning Code of which the variance is requested will constitute unnecessary hardship upon the property owner or the applicant;
D. That the variance desired will not adversely affect the public health, safety, morals or general welfare; and
E. That the granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Ordinance.
(d) General.
(1) In exercising its power, the Board may, in conformity with the provisions of the statute and of this chapter, reverse or affirm wholly or in part and may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all powers of the office from whom the appeal is taken.
(2) In authorizing a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use, as it may deem necessary in the interest of this chapter and all other City Codes. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary to ensure that the conditions attached are being and will be complied with.
(Ord. 03-071. Passed 3-10-03.)
1111.07 APPEALS.
Appeals from a decision of the Board of Zoning Appeals shall be in accordance with the laws of the State of Ohio.
(Ord. 03-071. Passed 3-10-03.)
1113.01 INTENT.
(a) This Zoning Code and the Zone Map may be amended periodically in order to keep it abreast of new zoning techniques, as well as when the following general conditions arise:
(1) Whenever a general hardship prevails throughout a given district; and
(2) Whenever a change occurs in land use, transportation, or other sociological trends, either within or surrounding the community; and
(3) Whenever extensive developments are proposed that do not comply but would be in the public interest.
(b) Such amendments shall be made in accordance with the legislative procedures set forth below.
(Ord. 03-071. Passed 3-10-03.)
1113.02 INITIATION OF CHANGE.
Whenever the public necessity, general welfare, or good zoning practice require, the Planning Commission may propose by motion to amend, supplement, or change these regulations or the zoning district of property within the City. A proposed change of the Zoning Code or the Zone Map may be initiated by the Planning Commission, the legislative body, or the owner or agent of an owner of the property to which the change would apply. If the application is made by a person other than the owner, it shall be accompanied by a verified statement by the owner that the person making the application is authorized to make the application. If initiated by the legislative body, the owner, or agent of the owner, the amendment shall be referred to the Commission before action is taken by the legislative body.
(Ord. 03-071. Passed 3-10-03.)
1113.03 ACTION BY PLANNING COMMISSION.
The Planning Commission may at its discretion hold a public hearing. However, at this level, a public hearing is not required because the Planning Commission’s approval or denial is to be made solely on the facts and not testimony. Whether a hearing is held or not, the Planning Commission is required to make its recommendation and report to the City Commission within thirty (30) days after the first regular meeting subsequent to the receipt of the application. If a hearing is held, notice of the time, place, and purpose of the hearing shall be given by both of the following methods:
(a) Publication at least once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the hearing;
(b) A printed notice, not less than ten (10) days prior to the date of the hearing, sent to the owners of all property as shown upon the records of the County Recorder, within three hundred (300) feet of the area proposed to be changed.
(c) The Planning Commission may approve or disapprove the amendment, either in whole or in part, and then submit a recommendation to the legislative body. In the event the Planning Commission shall fail to act within a thirty (30) day period, unless time is extended by the legislative body, then lack of action shall constitute Commission approval of the amendment.
(Ord. 03-071. Passed 3-10-03.)
1113.04 ACTION BY LEGISLATIVE BODY.
(a) After receiving the above recommendation, or after the thirty (30) day period of inaction, the City Commission shall set a date for a public hearing. In a newspaper of general circulation in the City, notice of the time and place of the meeting shall be given at least thirty (30) days prior to the meeting. During the thirty (30) day period, the text or copy of the text of the ordinance, measure, or regulation, and the maps, plans, and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of the Planning Commission.
(b) After the hearing, the legislative body may approve in whole or in part by majority vote of its entire membership, the recommendations submitted by the Planning Commission. The legislative body may disapprove or modify the recommendations by the Planning Commission by a vote of not less than three-fourths of its entire membership.
(Ord. 03-071. Passed 3-10-03.)
1113.05 APPLICATION FOR TEXT AMENDMENTS.
Applications for amendments proposing to amend, supplement, change, or repeal any portion(s) of this Zoning Ordinance other than the Official Zoning Map(s), shall include at least the following:
(a) The name, address, and phone number of the applicant;
(b) The proposed amending Ordinance;
(c) A statement of the reason(s) for the proposed amendment;
(d) A statement explaining the ways in which the proposed amendment relates to the comprehensive plan;
(e) The established fee as determined by the City Commission.
(Ord. 03-071. Passed 3-10-03.)
1113.06 APPLICATION FOR MAP AMENDMENTS.
Applications for amendments to the official Zoning Map adopted as part of this Zoning Ordinance shall contain at least the following information:
(a) Name, address, and phone number of the applicant;
(b) Survey and legal description;
(c) Statement of the reason(s) for the proposed amendment;
(d) Proposed land use;
(e) Proposed zoning district;
(f) A vicinity map at scale approved by the Planner showing property lines, structures, thoroughfares, existing and proposed zoning, and such other items as the Planner and Planning Commission may require; and
(g) The established fee as determined by the City Commission.
(Ord. 03-071. Passed 3-10-03.)
1113.07 EFFECTIVE DATE AND REFERENDUM.
Such amendment adopted by the City Commission shall become effective thirty (30) days after the date of such adoption unless a referendum petition against the ordinance shall be filed in accordance with the provisions of Ohio R.C. 731.29-731.41.
No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the Board of Election that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 03-071. Passed 3-10-03.)