The ordinance codified in this title shall be known, cited and referred to as the "Zoning Ordinance for the City of Shaker Heights, Ohio," the "Shaker Heights Zoning Ordinance," or the "Zoning Ordinance."

    This code is adopted by the City pursuant to its authority under the Constitution of Ohio and the City of Shaker Heights Charter.

   The Zoning Ordinance codified in this title is adopted:

   A.    To promote the orderly and beneficial development of the City of Shaker Heights in accordance with City land use policy;

   B.    To promote the public peace, health, safety, morals, comfort, prosperity and general welfare of the citizens of the City of Shaker Heights;

   C.    To protect the character and stability of residential, institutional, business and technical areas;

   D.    To promote and protect the economic viability of citizens and businesses;

   E.    To minimize congestion in the public streets and to ensure efficient and safe traffic circulation;

   F.    To provide for orderly growth and development; to afford adequate facilities for the safe, convenient, and efficient means for the traffic circulation of its population; and to safeguard the public against flood damage;

   G.    To provide adequate open spaces for light, air, and outdoor uses;

   H.    To preserve and enhance aesthetic and property values throughout the City;

   I.    To promote development, which meets applicable State and Federal Regulations such as the Americans with Disabilities Act (ADA) or the Clean Air Act;

   J.    To divide the City of Shaker Heights into districts of such number, shape, and area, and of such different classes, according to the use of land and buildings and the intensity of such use, as may be deemed best suited to carry out the purposes of this Zoning Ordinance;

   K.    To encourage compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses;

   L.    To regulate and restrict the location and intensity of use of buildings, structures and land for trade, industry, residence, and other uses;

   M.    To define the powers and duties of administrative officers and decision-making bodies as provided herein; and

   N.    To establish standards and procedures for the implementation of this Zoning Ordinance.

   A.    Jurisdiction. This Zoning Ordinance shall apply to all land, uses, buildings and structures within the corporate limits of the City of Shaker Heights.

   B.    General Applicability. After the effective date of this Zoning Ordinance, no buildings, structures, uses of land, lots of record or zoning lots shall be established, altered, moved, divided or maintained except in accordance with the provisions of this Zoning Ordinance. Existing buildings, structures and uses of land that do not comply with the regulations of this Zoning Ordinance are pursuant to Chapter 1215, Nonconformities.

   The Shaker Heights Zoning Code adopted by the City of Shaker Heights as ordinance No. 73-151 on November 26, 1973, and as subsequently amended, together with the Zoning Map which is a part of that Zoning Code, is hereby superseded and amended to read as set forth in this Zoning Ordinance. This Zoning Ordinance shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by the previous Code, to questions of conforming and nonconforming uses and structures, and to questions as to the dates upon which such uses or structures become conforming or nonconforming.

   To the extent that this Zoning Ordinance reestablishes a zoning district of the same land use category and with the same district designation and name, this district and its boundaries as indicated on the Zoning Map under the preexisting Zoning Code shall be deemed as continuing until such time as it may be amended pursuant to this Zoning Ordinance.

   To the extent that this Zoning Ordinance establishes a zoning district of the same land use category, but different name from that under the preexisting Code, this new district name shall replace the old zoning district name on the Zoning Map, but shall retain its existing boundaries. A zoning district, which is not reestablished by this Code, is hereby repealed as of the effective date of this Zoning Ordinance.

   Zoning districts established by this Zoning Ordinance shall become effective upon the adoption of such Zoning Map amendments by the City Council as are necessary to give effect to the new districts.

   The provisions of this Zoning Ordinance shall be construed to achieve the purposes for which they are adopted. In interpreting and applying the provisions of this Zoning Ordinance, these provisions shall be held to be the minimum requirements for the promotion of the public peace, health, safety, morals, convenience, comfort, prosperity and general welfare.

   It is not intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants, building restrictions or other agreements between parties. However, where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, rules, regulations or permits, or by easements, covenants, building restrictions or agreements, the provisions of this Zoning Ordinance shall govern. For the purposes of this Zoning Ordinance, the following additional rules of interpretation shall apply:

   A.    In the event of a conflict between the text of these provisions and any caption, figure, illustration, table, or map; the text of these provisions shall control; and

   B.    Word usage shall be governed by the standards of Section 1211.01.

   In determining the applicability of this Zoning Ordinance with respect to the previously applicable zoning regulations, the following rules shall apply:

   A.    Existing Permitted Uses Rendered as Conditional Uses. When a lot is used for a purpose classified as a permitted use prior to the effective date of this Zoning Ordinance, and such use is classified as a “conditional use” by this Zoning Ordinance, such use shall be deemed a lawful conditional use for the purpose of this Zoning Ordinance.

   B.    Principal Uses Rendered Nonconforming. When a lot is used for a purpose which was a lawful use before the effective date of this Zoning Ordinance and this Zoning Ordinance, or any amendment thereto, no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use shall be deemed a legal nonconforming use and shall be regulated pursuant to Chapter 1215, Nonconformities.

   C.    Principal Buildings, Structures and Lots Rendered Nonconforming. Where any building, structure or lot lawfully existing on the effective date of this Zoning Ordinance does not meet all standards set forth in this Zoning Ordinance, or any amendment thereto, such building, structure, or lot shall be deemed nonconforming and shall be regulated pursuant to Chapter 1215, Nonconformities.

   D.    Accessory Uses or Structures Rendered Nonconforming. When an accessory use or structure was lawful before the effective date of this Zoning Ordinance or any amendment hereto, but is rendered nonconforming by the provisions of this Zoning Ordinance or any amendment hereto, such accessory use or structure shall be deemed a legal nonconforming accessory structure and shall be regulated pursuant to Chapter 1215, Nonconformities.

   E.    Previously Approved Site Plans. When a site plan for any structure or lot has been lawfully approved prior to the effective date of this Zoning Ordinance, and construction has begun within one (1) year after the approval and is being diligently pursued to completion, the site plan may be completed in accordance with the plans on the basis of which the permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended, pursuant to Chapters 1251 and 1252 governing off-street parking and loading.

   F.    Previously Issued Building Permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this Zoning Ordinance, and construction has begun within six (6) months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended, pursuant to Chapters 1251 and 1252 governing off-street parking and loading.

   G.    Previously Granted Variances. All variances granted prior to the effective date of this Zoning Ordinance shall remain in full force and effect.

   If any provision of this Zoning Ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions shall not be invalidated and shall remain in full force and effect.

   EDITOR'S NOTE: Former Section 1210.09 was repealed by Ordinance 13-16.

   The following rules of word usage apply to the text of this Zoning Ordinance:

   A.    The particular shall control the general.

   B.    In case of any difference of meaning or implication between the text of this Zoning Ordinance and any caption, illustration, summary table, or illustrative table, the text shall control.

   C.    The word “shall” is always mandatory and not discretionary. The word “may” is permissive.

   D.    Words used in the present tense shall include the future words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary use of gender specific pronouns is literary and shall be interpreted to include both sexes.

   E.    A “building” or “structure” includes any part thereof.

   F.    Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction “and”, “or”, or “either…or”, the conjunction shall be interpreted as follows:

      1.    “And” indicates that all of the connected items, conditions, provisions, or events shall apply.

      2.    “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

      3.    “Either…or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

      4.    The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

   The administrative and decision-making bodies and officials listed below, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this Zoning Ordinance in the manner described in Chapter 1212, Administrative and Decision-Making Bodies and Officials and Chapter 1213, Permit and Administrative Review Procedures.

   The Landmark Commission is hereby created pursuant to the enabling authority granted under the Ohio Revised Code and the powers of the City under its Charter. The Landmark Commission has those powers enumerated in this Zoning Code.

   The purposes of the Landmark Commission are to recommend the designation of landmarks in the City pursuant to the procedures hereinafter described, in order to preserve, protect, and perpetuate buildings, structures, sites, works of art, and other objects having special historical, community or aesthetic interest or value, all for the reasons described in the remainder of this section.

      1.    To preserve buildings, structures, and sites of historic significance as part of the City’s most important cultural, educational and economic assets.

      2.    To enhance the visual and aesthetic character, diversity and interest of the City.

      3.    To insure proper development and utilization of lands and areas within designated Landmarks and Landmark Districts and to encourage complimentary, contemporary design and construction.

      4.    To foster civic pride in the beauty and notable accomplishments of the past.

      5.    To protect and enhance the City’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business.

      6.    To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City’s cultural, social, economic, political, and architectural history.

      7.    To promote the private and public use of Landmarks and historical areas for the education, prosperity, and general welfare of the City’s residents.

      8.    To make recommendations to the City Council on policies and ordinances that may encourage preservation of buildings, structures and sites of historic significance.

      9.    To stabilize and improve property values.

      10.    To strengthen the economy of the City.

      11.    To take whatever steps as may be necessary to safeguard the property rights of those owners whose property is declared to be a “Landmark” or is located in an area designated as a “Landmark District”.

   In addition to carrying out the general purposes set forth in Section 1212.04.B, the Landmark Commission shall have the following powers and duties:

      1.    Recommend the designation of Landmarks and Landmark Districts.

      2.    Make recommendations to the City Planning Commission and the City Council, as appropriate, on applications for zoning amendments and conditional uses involving historic areas and Landmarks.

      3.    Conduct a continuing survey of all areas, places, buildings, structures, works of art or similar objects in the City which the Commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as Landmarks.

      4.    Conduct reviews including design, architecture and site concerns, of proposed changes to Landmark or structures and sites in Landmark Districts.

      5.    Work for the continuing education of the residents of the City with respect to the historic and architectural heritage of the City and the Landmarks designated under the provisions of this chapter. It shall keep current and public a register of Landmarks.

      6.    Act as the City’s liaison with individuals and organizations concerned with historic preservation.

      7.    Accept the services of technical experts and such other persons as may be required to perform its duties.

      8.    Establish administrative procedures and guidelines.

      1.    The Landmark Commission shall consist of seven (7) members. One shall be a member of City Council appointed by the Mayor. The remaining six (6) members shall be citizen members appointed by the Mayor, and shall have the following qualifications: (a) reside in the City of Shaker Heights, (b) have demonstrated an interest, experience or knowledge in history, architecture and related disciplines; and (c) not hold other public office or employment with the City of Shaker Heights or the Shaker Heights Board of Education. As to not more than one (1) of the six (6) citizen members, Council may waive the requirements that such member be a resident of the City and/or hold no other public office with the City or the School Board.

      2.    Of the six (6) citizen members of the Landmark Commission, one (1) member shall be an architect and two (2) other members shall be preservation-related professionals, including, but not limited to, professionals in the fields of architecture, history, planning, historic preservation, landscape architecture, related fields of law, or real estate, if available.

      3.    The Council Member of the Landmark Commission shall be appointed annually by the Mayor. All six (6) citizen members of the Landmark Commission shall be appointed to three (3) year terms by the Mayor and shall be confirmed by Council. The terms of the six (6) citizen members shall be staggered so that not more than two (2) members’ terms expire in a given year.

      4.    In making appointments of citizen members to the Landmark Commission, consideration should be given to having the Landmark Commission membership reflect a variety of points of view, including architectural, historical, planning, historic preservation, landscape architecture, legal and real estate.

      5.    A vacancy shall be filled for the remainder of the unexpired term in the same manner as regular appointments and confirmations. A vacancy shall be filled within sixty (60) days from the date the vacancy occurs, unless a greater period of time is reasonably necessary, as determined by the Mayor. In the case of temporary absence or disability of any member, a member may be appointed and confirmed in the manner provided above to serve during such temporary absence or disability. Such temporary member shall possess all of the qualifications of a regular member, and shall have the same powers and perform the same duties as a regular member during the terms of his or her appointment.

      6.    The Mayor and the Planning Director shall serve as ex officio members of the Landmark Commission.

      7.    The Council member appointed to the Landmark Commission shall serve as the chairperson of the Landmark Commission during the term of his or her appointment.

      8.    The Mayor shall appoint a City employee to serve as Secretary of the Landmark Commission. The Secretary shall keep, or cause to be kept, a complete record of all meetings of the Landmark Commission and a detailed record of all transactions dealt with by the Landmark Commission. In addition, the Secretary shall perform such other functions as the Landmark Commission may direct.

      1.    The Landmark Commission shall meet once per month or as necessary, but no less than four (4) times per year.

      2.    The Landmark Commission shall schedule and give public notice of all public hearings pursuant to Section 1213.10, Designating Landmarks and Landmark Districts.

      3.    The Landmark Commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications and for any other purposes considered necessary for its proper functioning.

   No business shall be conducted without a quorum at the meeting. A majority of the members of the Landmark Commission constitutes a quorum. All recommendations on designations and other actions of the Commission shall be represented by a vote of the membership. A simple majority of the voting members present at the meeting at which a quorum is present shall be required for any action taken.

   G.    Conflicts of Interest

   No member of the Landmark Commission shall participate in the review of any item of discussion before such Commission if such member has any direct or indirect financial or personal interest in the property or the matter involved in such discussion. Personal, as distinguished from financial interest, includes an interest arising from blood or marriage relationships, or business or political association, as such terms are defined by State of Ohio law and City ordinance.

   The Architectural Board of Review is established pursuant to Chapter 1309 of the Building Code. Provisions regarding the Architectural Board of Review are located in that ordinance. This section is an excerpt of information from that ordinance. The Architectural Board of Review has the following responsibilities:

   A.    To protect the value, appearance, and use of property on which buildings are constructed or altered.

   B.    To maintain a high character of community development, and to ensure the compatibility of new development.

   C.    To protect the public peace, health, safety, convenience and welfare.

   D.    To protect real estate within the City from impairment or destruction of value.

   E.    To regulate the design, use of materials, finish grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled or repaired.

   F.    To establish design policies and guidelines.

   G.    To receive, review and pass upon plans for new development, alterations and additions filed in the Planning Department.

   A public hearing required to be held by the Board of Zoning Appeals, the City Planning Commission or the City Council pursuant to this Zoning Ordinance shall comply with the following procedures.

   A.    Setting the Hearing. When the Zoning Administrator determines that an application is complete and that a public hearing is required by this Zoning Ordinance, the Zoning Administrator may consult with the decision-making bodies or officers required to conduct the public hearing and shall select a place and time certain for such hearing, and shall cause the hearing to be scheduled pursuant to the procedures and standards of this Zoning Ordinance.

   B.    Notice Of Public Hearings. Notice of all public hearings of the Board of Zoning Appeals and the City Planning Commission required under this Zoning Ordinance shall be served in the form established by the Zoning Administrator and pursuant to the following standards. Hearings of the City Council shall be noticed pursuant to standards established by the Council. The costs to process and mail Notice of Hearings for rezonings and ordinance amendments shall be borne by the applicant.

      1.    General Notification. Notice of an application shall be given as required by the regulations and standards of this Zoning Ordinance, as appropriate.

      2.    Notification to Neighborhood Organizations. Notification shall be given to any organization requesting such notification in the same manner as the notice is given to the surrounding property owners, as appropriate.

      3.    Contents of Notice. The notice for any public hearing required pursuant to this Zoning Ordinance shall summarize the application and the date, time and place of the public hearing, and the place where such application may be inspected by the public. The notice shall also advise that interested parties may appear at the public hearing and be heard with respect to the application.

   C.    Examination and Copying of Application and Other Documents. At any time upon reasonable request, and during normal business hours, any person may examine a copy of and obtain a photocopy of, at a cost established by ordinance of the City Council, any application and materials submitted in support of or in opposition to an application in the offices of the Planning Department.

   D.    Conduct of Public Hearing.

      1.    Right of All Persons to Speak. Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Anyone representing a person or an organization shall present evidence of their authority to speak on behalf of the person or organization in regard to the matter under consideration. Each person who appears at a public hearing shall be identified, state an address, and if appearing on behalf of a person or an organization, state the name and mailing address of the person or organization.

      2.    Hearing of Testimony and Other Evidence. The body conducting the public hearing may establish time limits for the presentation of testimony or other evidence and may exclude testimony or evidence upon finding it to be irrelevant, immaterial or unduly repetitious.

      3.    Submission of Testimony and Other Evidence. In the event any testimony or other evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence may reduce such testimony or evidence to written form and submit such written testimony or evidence for the record. Such offer shall be made at the public hearing.

      4.    Continuance of Public Hearing or Meeting. The body conducting the public hearing or meeting may, upon the body’s or officer’s own motion, continue the public hearing or meeting to a fixed date, time and place. In the case of a decision-making body, a majority of the voting members present at the hearing or meeting at which a quorum is present shall be required for a continuance. An applicant shall have the right to request a continuance, which may be granted at the discretion of the body conducting the public hearing upon good cause shown.

   E.    Withdrawal of Application. An applicant shall have the right to withdraw, in writing, an application at any time prior to the action on the application by the decision-making body.

      1.    General. All decision-making bodies and officers shall take action within a reasonable time in consideration of the interests of the citizens of the City of Shaker Heights.

      2.    Findings. All decisions, except decisions on amendments to the Zoning Map or to the text of this Zoning Ordinance, shall be in the minutes.

      1.    Recording of Public Hearing. The body conducting the public hearing shall record the public hearing by any appropriate means. A copy of the public hearing record may be acquired upon request to the Zoning Administrator and payment of a fee to cover the cost of duplication of the record.

      2.    The Record. The minutes, all applications, exhibits and papers submitted in any proceeding before the decision-making body, the Staff Report and the decision of the decision-making body shall constitute the record.

   H.    Notification of Decision. Notification of the City Council’s decision shall be mailed by the Zoning Administrator to the applicant within five (5) working days of the decision. Such notification shall include the action sheet of the decision. A copy of the decision shall also be made available to the applicant at the offices of the decision-making body, during normal business hours, within a reasonable period of time after the decision.
(Ord. 03-67. Enacted 6-9-03; Ord. 13-114. Enacted 12-16-13.)

   A.    Authority. The Board of Zoning Appeals shall hear testimony and other evidence concerning appeals from any final order or decision made by the Zoning Administrator concerning this Zoning Ordinance and render a final decision on such matters.

   B.    Parties Entitled to Seek Appeals. An appeal may be filed by any person, firm, or corporation, or by any office, department, board, bureau, or commission directly affected by an administrative order, requirement, decision or determination made under this Zoning Ordinance, by the Zoning Administrator, within forty-five (45) days of such order, requirement, decision or determination.

   C.    Application. An appeal shall be filed in writing on a form provided by the Zoning Administrator. The Zoning Administrator shall forward the appeal to the Board of Zoning Appeals for its consideration. (Ord. 03-67. Enacted 6-9-03.)

   D.    Public Hearing. The Board of Zoning Appeals shall hold one (1) public hearing in conformance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an appeal after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

      1.    Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within two hundred (200) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail, a minimum of ten (10) days prior to the public hearing to any organization that requests notice.

         (Ord. 04-131. Enacted 11-22-04.)

   E.   Decision. The Board of Zoning Appeals shall hear testimony and evidence concerning appeals and shall render a final decision on all appeals. Such decision shall become part of the minutes of the Board of Zoning Appeals.

   A.    Purpose and Intent. Administrative Modifications is a process provided to permit development on property constrained due to lot size, shape, location, access restrictions, or other physical constraints. The nature of the intended development is such that proposed deviations from ordinance standards are minor and no significant detrimental impact will occur.

   B.    Authority of the Zoning Administrator. In the public interest and when agreed to by the applicant, the Zoning Administrator may consider and render decisions without public hearing on variances involving slight modifications to the provisions of this Zoning Ordinance for the following purposes:

      1.    Reduction of required lot area, reduction of size of yards, courts, open areas, or landscaped areas by less than ten percent (10%) of the area required by ordinance.

      2.    Increases in the height of fences or walls by not more than ten percent (10%) of the maximum permitted height, except when such fence or wall is located in the required front yard, in which case the Zoning Administrator shall have no power to modify the standard.

      3.    Encroachment of principal structures into less than ten percent (10%) of the required area of required side or rear yards which maintain setbacks of no less than fifteen (15) feet to the rear lot line, and five (5) feet to a side lot line.

      4.    Increases in the height of the accessory structure by no more than ten percent (10%).

      5.    Allow residential air conditioning condenser units in the side yards at least 15 feet in width if:

         a.    10 feet from property line to the neighbor’s house adjacent to the unit location;

         b.    screened with dense evergreen shrubs;

         c.    unit noise level rating # 76 decibels;

         d.    Owner aware of a continuing obligation to meet noise ordinance requirements.

      6.    Allow residential side yard reduction for a building addition or deck to the primary house if the existing legal side yard setback is maintained with the following restrictions:

         a.    maximum one story addition length not to exceed 100% of the depth of primary house portion adjacent to the addition;

         b.    maximum two-story addition depth not to exceed 50% of the depth of the primary house portion adjacent to the addition;

         c.    no maximum depth for a deck less than 5 feet tall to the top of the railing.

      1.    An application shall be filed with the Zoning Administrator.

      2.    The Zoning Administrator shall have the power to approve, conditionally approve, or deny an application for an Administrative Modification.

      3.    The Zoning Administrator shall review the application and render a decision within a reasonable time of accepting the application as complete.

   D.    Standards for Administrative Modifications. The Zoning Administrator shall make such a determination based on the following criteria:

      1.    There are practical difficulties or unnecessary hardships created by strict application of the Zoning Ordinance due to circumstances applicable to the property.

      2.    In granting the modification, the spirit of the Zoning Ordinance will be observed, public safety not negatively impacted, and substantial justice done.

      3.    The modification does not grant special privileges which are not otherwise available to surrounding properties and will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity.

      4.    The modification does not permit uses which are not otherwise allowed in the zone.

   E.    Conditions on Administrative Modifications. The Zoning Administrator may impose such conditions as are deemed necessary to protect the public peace, health, safety, and general welfare and assure compliance with the provisions and standards included in this Zoning Ordinance.

   F.    Appeals. Any aggrieved party may appeal the Zoning Administrator’s decision to the Board of Zoning Appeals pursuant to the procedural rules established for appeals in Section 1213.02, Appeals.

   A.    Authority And Purpose. The Board of Zoning Appeals may vary the regulations of this Zoning Ordinance in harmony with its general purpose and intent. Variances shall be granted only in the specific instances, hereinafter set forth, where the hearing authority makes findings in accordance with the standards set forth in this Zoning Ordinance, and further, finds that the strict application of this Zoning Ordinance would result in practical difficulty or undue hardship.

      1.   Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within two hundred (200) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail a minimum of ten (10) days prior to the public hearing to any organization which requests notice. (Ord. 04-131. Enacted 11-22-04.)

   E.    Standards for Variances. The regulations of this Zoning Ordinance shall not be varied unless findings based on the evidence are made in each specific case based on the following criteria:

      1.    Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship or practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be applied.

      2.    The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other properties within the same zoning classification.

      3.    The purpose of the variance is not based upon a financial hardship alone.

      4.    The alleged practical difficulty or undue hardship is caused by this Zoning Ordinance and has not been created by any person having an interest in the property.

      5.    The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

      6.    The granting of the variance will not alter the essential character of the neighborhood.

   F.    Limitations on Variances. Limitations on the degree or amount of variance are established below. These limitations shall constitute the maximum variance allowed and shall not be interpreted as the recommended variance.

      1.    Off-Street Parking and Loading Variances. The same off-street parking facility may be used to satisfy the parking requirements of this Zoning Ordinance for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week, and provided that the reduction in Off-Street Parking spaces is no greater than forty percent (40%) of the total number required if calculated separately. An independent parking study may be requested for any such requests for variance.

      2.    Building Height. A variance may be granted to permit greater height where such additional height would more closely harmonize with adjoining development if, in the opinion of the Board of Zoning Appeals, such additional height would result in more appropriate development of the lot and remain consistent with the intent of the Zoning Ordinance.

      3.    Signs. A variance may be granted for signs in the C1, C2, CM, O, and I Districts to permit design flexibility where, in the opinion of the Board of Zoning Appeals, such signage is necessary for the proper identification of the business to which such signage is accessory and such signage will be suitable and appropriate to the proposed location.

      4.    Wireless Telecommunication Facility. A variance may be granted per the provisions in Chapter 1243.10 Wireless Telecommunication Facility Regulations.

      5.   Variances of Use Prohibited. Except as otherwise provided, the Board of Zoning Appeals shall have no power to authorize a variance which would establish a nonconforming use where none previously existed. The Board of Zoning Appeals shall have no power to authorize any use other than permitted in the Zoning Ordinance nor permit any variance which in effect changes the classification of use or usurps the legislative authority of the Council.

   G.    Confirmation of Variance by City Council. Any variance granted by the Board of Zoning Appeals which results in modification of standards required in this Zoning Ordinance relating to non-residential building height or offstreet parking space requirements by a factor greater than twenty percent (20%) shall require confirmation by ordinance of the City Council prior to the issuance of any building permit.

   H.    Validity of Variance Time Limit and Extension. Permits authorized by the Board of Zoning Appeals for variances or pursuant to appeals from the regulations of this Zoning Ordinance shall be void one (1) year after the date upon which approval was granted unless any of the following criteria is met:

      1.    In the case of new construction, work upon the structure shall have begun above the foundation walls.

      2.    In the case of occupancy of land, the use has commenced.

      3.    In the case of reconstruction or modifications to a structure, a Certificate of Occupancy has been granted.

      4.    If the time period is extended by a majority vote of the Board of Zoning Appeals.

      5.    If the time period is extended by the Zoning Administrator pursuant to Section 1212.06.B.7, Guarantee of Time Extensions.

   A.    Authority. Conditional Use Permits may be granted in accordance with the procedures and standards set out in this Chapter and by approval of the City Planning Commission and confirmation by ordinance duly enacted by the City Council. Conditional use permits may authorize the development of uses listed as conditional in the regulations applicable to the district in which the subject property is located or similar uses as provided by Section 1213.05.D.2.

   B.    Purpose. Conditional uses are those uses having some special impact or uniqueness that requires a careful review of their location, design, configuration, and special impact to determine, against the fixed standards located in Section 1213.05.H, Standards for Conditional Use Permits, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect and such other factors established herein or by the City Planning Commission.

   C.    Parties Entitled To Seek Conditional Use Permits. An application for a conditional use permit may be filed by any person, firm or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the property in the form of an ownership, a lease, or a purchase agreement for the property for which the conditional use permit is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required as determined necessary by the Zoning Administrator.

   D.    Application for a Conditional Use Permit. An application for a conditional use permit shall be filed with the Zoning Administrator on an official, prescribed form. The application shall be accompanied by the following plans, data or information unless determined otherwise by the Zoning Administrator or designee:

      1.    A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in Section 1213.05.H, Standards for Conditional Use Permits. Such information should include, at a minimum, a description of the use, days and hours of operation, number of employees, the scope of activities carried on by the proposed conditional use, and other information as requested by the Zoning Administrator.

      2.    If the use is not listed as a permitted Conditional Use in the district for which it is requested, a statement in writing explaining how it is similar to a use which is listed as a permitted Conditional Use in the district for which it is requested.

      3.    A site plan of the proposed use identifying the location of all buildings and structures on the property buildings, structures and pavement within one hundred (100) feet of the property line or within the adjacent property, whichever is less open space points of ingress/egress the location, size and layout of parking property lines, easements and scale, north arrow and date.

      4.    The existing use and zoning of land within three hundred (300) feet of the subject site.

      5    A landscape plan showing all proposed and existing landscaping including berming, buffering and screening.

      6.    Estimated traffic generation of the proposed use.

      7.    Floor plans indicating the internal use of structures.

      8.    Architectural elevations.

      9.    An exterior lighting plan indicating the location of all lighting fixtures.

      10.    An accurate legal description of the subject property.

      11.    Other information, including a narrative description or product information as may be required by the City Planning Commission. Such application shall be forwarded from the Zoning Administrator to the City Planning Commission for review and, if approved, to City Council for confirmation.

   E.    Public Hearing for a Conditional Use Permit. The City Planning Commission shall hold one (1) public hearing, in accordance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an application after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

      1.    Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within three hundred (300) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail a minimum of ten (10) days prior to the public hearing to any organization that requests notice.

   F.    Action by City Planning Commission. After the conclusion of the public hearing, the City Planning Commission shall take action on the application for a conditional use permit and transmit its action to City Council.

      1.    Approval. The City Planning Commission may approve or approve with conditions the application for a conditional use permit.

      2.    Denial. The City Planning Commission may deny the application for a conditional use permit. If the City Planning Commission denies the application, the application process ends. Disapproval of the application for a conditional use permit shall include a statement of the reasons for the denial.

   If the City Planning Commission approves the application, the Commission shall, within a reasonable time after the conclusion of the public hearing, transmit the application to the City Council for the Council's confirmation.

   G.    Action by City Council. Within a reasonable time after the receipt of the decision of the City Planning Commission, or its failure to act as above provided, the City Council either shall confirm the decision by ordinance duly adopted with or without modifications or conditions, or refer the application back to the City Planning Commission for further study, or deny the conditional use permit.

   H.    Standards for Conditional Use Permits. The City Planning Commission or City Council shall make a determination on Conditional Use Permit applications based on the following criteria:

      1.    Land Use Policy. The proposed use and development will be in keeping with the land use policies established by the City Council.

      2.    Ordinance Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Zoning Ordinance was enacted and for which the regulations of the district in question were established.

      3.    No Nuisance. The proposed use and development will not create any public nuisance by reason of noise, smoke, odors, vibrations, objectionable lights or congestion of traffic.

      4.    No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse impact upon adjacent property, the character of the neighborhood or area, or the public peace, health, safety, and general welfare.

      5.    No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.

      6.    Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or that the applicant will provide adequately for such services.

      7.    No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.

      8.    No Destruction of Significant Features. The proposed use and development will not result in unnecessary destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      9.    Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision of this Zoning Ordinance authorizing such use.

   I.    Conditions on Conditional Use Permits. The City Planning Commission may impose and the City Council may confirm or impose additional conditions and limitations concerning use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Zoning Ordinance, upon the premises benefited by a conditional use permit, as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the Zoning Ordinance granting the conditional use or expressly included in such ordinance by reference. Violation of any such condition or limitation shall be a violation of this Zoning Ordinance and shall constitute grounds for revocation of the conditional use permit.

   J.    Confirmation of Compliance with Conditions. Whenever any conditional use permit granted pursuant to this Chapter is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, notify the Zoning Administrator for inspection of compliance. The Zoning Administrator shall determine whether the applicant has met the conditions.

   K.    Effect of Issuance of a Conditional Use Permit. The granting of a conditional use permit authorizes the property to be used in the manner proposed, but does not alone authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure without first obtaining any other required permit, including a building permit.

   L.    Limitations on Conditional Use Permit. Subject to an extension of time authorized by the Zoning Ordinance, no conditional use permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or the approved use is commenced within that period. Except when otherwise provided in the Zoning Ordinance granting a conditional use permit, a conditional use permit shall be deemed to relate to, and be for the benefit of the use and the lot in question, rather than the owner or operator of such use or lot.

   M.    Modifications to Conditional Uses. Any modification or intensification of a conditional use that alters the essential character or operation of the use in a way not intended at the time the conditional use was granted, as evidenced by the record or language of the Zoning Ordinance, shall require a new conditional use permit. The property owner/operator or his authorized representative shall apply for such conditional use permit prior to any modification of the use of property. The Zoning Administrator shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the Zoning Administrator with all the necessary information related to the conditional use to render this determination. If the Zoning Administrator determines that the proposed modification or intensification will not alter the essential character or operation of the conditional use, a new conditional use permit shall not be required.

   N.    Validity of Conditional Use Permit Time Limit and Extension. Conditional Use Permits authorized by the City Council shall be void one (1) year after the date upon which approval was granted unless any of the following criteria is met:

      1.    In the case of new construction, work upon the structure shall have begun above the foundation walls.

      2.    In the case of occupancy of land, the use has commenced.

      3.    In the case of reconstruction or modifications to a structure, a Certificate of Occupancy has been granted.

      4.    If the time period is extended by a majority vote of the City Council.

      5.    If the time period is extended by the Zoning Administrator pursuant to Section 1212,06.B.7, Guarantee of Time Extensions.

   O.    Revocation of Conditional Use Permit. A conditional use permit may be revoked if the established conditions for approval are violated. The Zoning Administrator is responsible for advising the City Planning Commission of any violations, and the City Planning Commission may then recommend to the City Council that it revoke the conditional use permit.

(Ord. 13-16. Enacted 5-28-13.)

   A.    Authority. This Zoning Ordinance and the Zoning Map may be amended from time to time by ordinance duly enacted by the City Council in accordance with the procedures set forth in this Section.

   B.    Purpose. The amendment process established by this Section is intended to provide a means for making changes in the text of this Zoning Ordinance and in the Zoning Map. The process is not intended to relieve particular hardships nor to confer special privileges or rights.

   C.    Parties Entitled To Seek Amendments. An application for an amendment may be filed by the City Council, the City Planning Commission, the Board of Zoning Appeals, the owner of, or any person having a right of ownership in, any property to be affected by a proposed amendment to the Zoning Map, or any resident interested in a proposed amendment to the text of this Zoning Ordinance.

   D.    Application for an Amendment. An application for an amendment shall be filed with the Zoning Administrator on an official, prescribed form. The application shall be accompanied by the following plans, data or information:

      1.    A statement in writing by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth in Section 1213.07.I, Standards for Amendments, below.

      2.    Applications for map amendments shall include the following:

         a.    A locational map of the subject site, identifying the location of all buildings and structures on the property buildings, structures and pavement within one hundred (100) feet of the property line or within the adjacent property, whichever is less the existing use and zoning of land within three hundred (300) feet of the subject site open space; points of ingress/egress; the location, size and layout of parking property lines; easements; and scale, north arrow and date.

         b.    An accurate legal description of the subject property, which may be waived by the Zoning Administrator.

      3.    Other information, including a narrative description, as may be required by the City Planning Commission.

      (Ord. 03-67. Enacted 6-9-03.)

   E.    Public Hearing by the City Planning Commission. The City Planning Commission shall hold at least one (1) public hearing, in accordance with the requirements of Section 1213.01, Public Hearing Procedures, after the following public notification is given by the Zoning Administrator. For all applications under this Zoning Code to amend the Zoning Ordinance or the Zoning Map, notice shall be provided by all of the following methods, except that notice to property owners by mail pursuant to sub-section 1 below shall only be provided in the circumstances described in that sub-section:

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation twenty (20) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail a minimum of twenty (20) days prior to the public hearing to any organization that requests notice.

         (Ord. 04-131. Enacted 11-22-04.)

   F.    Action by City Planning Commission. The City Planning Commission shall, in the public hearing, review and consider the application, and shall, within a reasonable time after the conclusion of the public hearing, transmit to the City Council the application and the City Planning Commission’s recommendation to approve, approve with conditions, or disapprove the application.
(Ord. 03-67. Enacted 6-9-03.)

   G.    Public Hearing by the City Council. The City Council shall hold three (3) meetings, in accordance with the requirements of Section 1213.01, Public Hearing Procedures, after the following public notification is given by the Zoning Administrator. For all applications under this Zoning Code to amend the Zoning Ordinance or the Zoning Map, notice shall be provided by all of the following methods, except that notice to property owners by mail pursuant to sub-section 1 below shall only be provided in the circumstances described in that sub-section:

      1.    Mailing. Notice shall be sent by first class mail to all owners of land within three hundred (300) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Except that, in circumstances when this provision would require notice by mail to more than one hundred (100) owners, no notice by mail is required except to organizations, and notice by publication shall be provided, as required herein. When notice by mail is required, it shall be sent a minimum of twenty (20) calendar days in advance of the public hearing. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation twenty (20) days prior to the public hearing.

      3.    Notification to Neighborhood Organizations. Notification shall be sent by first class mail a minimum of twenty (20) days prior to the public hearing to any organization that requests notice.

The costs of all such notice shall be borne by the applicant.

         (Ord. 04-131. Enacted 11-22-04.)

   H.    Action by City Council. Within one hundred (100) days after the receipt of the recommendation of the City Planning Commission, or its failure to act as above provided, the City Council shall hold a first public hearing in accordance with the requirements of Section 1213.01, Public Hearing Procedures, to review and consider the application and the City Planning Commission’s recommendation. The Council may confirm the decision by ordinance duly adopted, with or without modifications or conditions, or refer the application back to the City Planning Commission for further study, or deny the amendment, or continue the public hearing, without action, until a further public hearing may be held. The Council shall hold three (3) meetings on amendments.

   I.    Standards For Amendments. The wisdom of amending the Zoning Map or the text of this Zoning Ordinance is a matter committed to the sound legislative discretion of the City Council and the City Planning Commission and is not dictated by any set standard. However, in determining whether a proposed amendment should be granted or denied, the City Council or City Planning Commission should be guided by the principle that its power to amend this Zoning Ordinance is not an arbitrary one but one that may be exercised only when the public good demands or requires the amendment to be made. In considering whether that principle is satisfied in any particular case, the City Council or the City Planning Commission should weigh, among other factors, the following factors as they may be relevant to a particular application:

      1.    The consistency of the proposed amendment with the City’s adopted land use policies.

      2.    The consistency of the proposed amendment with the purposes of this Zoning Ordinance.

      3.    If a specific parcel of property is the subject of the proposed amendment, then the following factors:

         a.    The existing uses and zoning classifications for properties in the vicinity of the subject property

         b.    The trend of development in the vicinity of the subject property, including changes, if any, in such trend since the subject property was placed in its present zoning classification.

         c.    The extent, if any, to which the value of the subject property is diminished by the existing zoning classification applicable to it.

         d.    The extent, if any, to which any such diminution in value is offset by an increase in the public peace, health, safety, and welfare.

         e.    The extent, if any, to which the use and enjoyment of adjacent properties would be affected by the proposed amendment.

         f.    The extent, if any, to which the value of adjacent properties would be affected by the proposed amendment.

         g.    The extent, if any, to which the future orderly development of adjacent properties would be affected by the proposed amendment.

         h.   The suitability of the subject property for uses permitted or permissible under its present zoning classification.

         i.    The availability of adequate ingress to and egress from the subject property and the extent to which traffic conditions in the immediate vicinity of the subject property would be affected by the proposed amendment.

         j.    The availability, where relevant, of adequate utilities and essential public services to the subject property to accommodate the uses permitted or permissible under its present zoning classification.

      1.    When an amendment to this Zoning Ordinance is approved, such amendment shall be incorporated into the official document or map held at the City offices.

      2.    When an amendment is made to the text, such change shall be incorporated into the official document according to the numbering system established within the Zoning Ordinance.

      3.    An annual listing of such amendments to the Zoning Ordinance shall be kept within the official document.

   K.    Effect of Denial of Amendment. No application for an amendment that has been denied by the City Council shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the Zoning Administrator.

   A.    Purpose. The subdivision review procedure is intended to provide for the harmonious development of the City of Shaker Heights, ensuring that the subdivision of land occurs in accordance with the provisions of this Zoning Ordinance and other City policies by requiring the preparation of subdivision plats which meet the development standards herein.

   B.    Parties Entitled To Seek Subdivisions of Land. An application to subdivide may be filed by any person, firm or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the form of an ownership or a purchase agreement for the property for which the subdivision is requested. Subdivision shall include:

      1.    Dividing of the land into lots for the purposes of sale.

      2.    Dedicating a part thereof for streets, alleys, or other public use.

      3.    Redividing of land previously subdivided.

      4.    Joining or consolidation of lots previously independent.

      5.    Changing of the boundaries of any lot or parcel thereof.

      1.    An application for a subdivision shall be submitted to the Zoning Administrator or designee, on an official, prescribed, form. Such application shall be accompanied by a plat, drawn to a scale of not less than one hundred feet to the inch (1":100’), and containing the following:

         a.    The location of the subdivision as forming a part of some larger tract or parcel of land referred to in the indexes of the County Recorder.

         b.    Sufficient information to adequately locate the plat, such as references to existing streets, railroads, and waterways.

         c.    The description and location of all existing survey monuments.

         d.    Proof of ownership of the property described in the plat.

         e.    The boundary lines of the tract to be subdivided, accurate in scale and bearing, and the total approximate area circumscribed thereby.

         f.    The location, widths, and other dimensions of all existing platted streets and other important features such as railroad lines, watercourses, existing easements, exceptional topography, etc. on and contiguous to the tract to be subdivided.

         g.    The location, widths, and other dimensions of proposed streets, alleys, easements, lots, and building lines.

         h.    North point, scale, and date of preparation.

         i.    Layout, numbers, and dimensions of lots.

         j.    Building setback lines, showing dimensions.

         k.    Easements for any and all utilities. Proper continuity for the utilities from block to block shall be maintained.

         l.    Name of the applicant.

         m.    Contours at an interval of two (2) feet and high water levels on all courses.

         n.    A signature line for the Secretary of the City Planning Commission, labeled “Secretary, City Planning Commission, City of Shaker Heights, Ohio”.

      2.    The Zoning Administrator or designee shall coordinate a review of this Preliminary Plat to include review by all relevant Departments, and submit written findings to the City Planning Commission.

         (Ord. 03-67. Enacted 6-9-03.)

   D.    Public Hearing. The City Planning Commission shall hold at least one (1) public hearing, in accordance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove the application for after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

      1.    Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within two hundred (200) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be given by first class mail a minimum of ten (10) days prior to the public hearing to any organization that requests notice.

         (Ord. 04-131. Enacted 11-22-04.)

   E.    Standards for Reviewing Preliminary Subdivision Plats. Preliminary Subdivision Plats shall be reviewed and approved with respect to the following standards:

      1.    Block Standards. The lengths, widths, and depths of blocks shall comply with the following standards:

         a.    Convenient access, circulation, control and safety of street traffic.