Sheffield City Zoning Code

CHAPTER 1105

Review Procedures

1105.01 PURPOSE.

In order to accomplish the purposes for which this code is adopted, it is essential that its regulations be soundly and consistently applied and that this code be vigorously administered. This chapter stipulates the procedures to be followed in obtaining required administrative and board-level approvals. (Ord. 2879. Passed 10-23-23.)

1105.02 COMMON REVIEW REQUIREMENTS.

The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code unless otherwise stated.

(a) Summary of Review Procedures. Table 1105-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.

TABLE 105-1: SUMMARY OF REVIEW PROCEDURES
Review Procedure	See Section:	Village Council	Planning Commission	BZA	Village Administrator
Code and Text Amendment	1105.03	PH/D	PM/R
Conditional Use	1105.04	PM/C	AH/D
Site Plan Review	1105.05	PM/C	PM/D
Zoning Compliance Review	1105.06				D
Use Variance	1105.07	PM/C	AH/D
Area/Dimensional Variance	1105.07	PM/C		AH/D
Appeals of Administrative Decisions	1105.08	PM/C[1]		AH/D
Minor Subdivision	1105.09				D
Major Subdivision Preliminary Plat	1105.10	PM/D	PM/R
Major Subdivision: Subdivision Modification	1105.10		PM/D
Major Subdivision: Final Plat and Improvement Plans	1105.10		PM/D
Major Subdivision Acceptance of Improvements	1105.10	D
Interpretation of the Code	1105.11				D
Abbreviations
PH = Public Hearing AH = Adjudication Hearing PM = Public Meeting	R = Recommendation D = Decisions C = Confirmation
NOTE: [1] The Village Council shall have a confirmation review of an appeal only where the BZA decides to overturn an administrative decision through the appeals process.

(b) Authority to File Applications.

(1) Unless otherwise specified in this code, applications for development review procedures defined in this code may be initiated by:

A. An owner of the property that is the subject of the application; or

B. An agent authorized, in writing, by the owner, which may include a lessee of the property, manager, attorney, or other representative.

(2) The Planning Commission or Village Council may initiate code text and map amendments under this code, with or without written authorization or application from the property owners who may be affected.

(c) Application Submission Schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of the review bodies shall be established by the Village Administrator and made available to the public.

(d) Application Contents.

(1) Applications required under this code shall be submitted to the office of the Village Administrator.

(2) All applications shall be in a form and in such numbers as established by the Village Administrator and made available to the public as part of any application forms.

(3) Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by Village Council pursuant to Section 1105.02(g): Fees.

(4) Complete Application Determination.

A. The Village Administrator shall only initiate the review and processing of applications submitted under this code if such application is determined to be complete.

B. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application. The Village Administrator may waive the submission of requirements if such requirements are not needed due to the type or scale of development or are unnecessary for determining compliance with this code. Such waiver shall be provided to the applicant in writing as part of the record.

C. The Village Administrator shall make a determination of application completeness within five (5) business days of the application filing.

D. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.

E. If an application is determined to be incomplete, the Village Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected, and the Village Administrator determines that the application is complete.

F. The Village shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.

G. If the applicant fails to correct all deficiencies and submit a complete application within sixty (60) days of the notice provided by the Village Administrator, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Village Administrator may grant one sixty (60)-day extension if just cause is shown upon written request by the applicant.

H. No reconsideration of an incomplete application shall occur after the expiration of the sixty (60)-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements of this chapter, submit a new application and a new filing fee.

I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.

(e) Simultaneous Processing of Applications.

(1) Whenever two (2) or more forms of review and approval are required by review boards under this code, the Village Administrator shall determine the order and timing of the reviews.

(2) The Village Administrator may authorize a simultaneous review of multiple applications so long as all applicable requirements are satisfied for all applications.

(f) Pre-application Conferences or Meetings.

(1) Prior to filing an application, an applicant may request a meeting with the Village Administrator or Zoning Administrator for a pre-application conference to discuss the proposed application or project.

(2) An applicant may request a pre-application meeting with a review board for any review procedure in this chapter. The applicant may request such a meeting by submitting a written request to the Village Administrator for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by the applicable review board.

(3) The purpose of the pre-application conference or meeting shall be to discuss the proposed application or project, review submittal requirements, and discuss compliance with the provisions of this code and the Comprehensive Land Use Plan prior to the submission of an application.

(4) No action can be taken by the administrative staff and/or any review boards until the applicant submits an actual application and/or plan to the Village pursuant to the laws and policies of the Village. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or Village review boards, that occur prior to the date the applicant submits an actual application and/or plan including, but not limited to, any informal meetings with Village staff, review boards, any pre-application conferences or meetings, are not binding on the Village and do not constitute official assurances or representations by the Village or its officials regarding any aspects of the plan or application discussed.

(g) Fees.

(1) Any application for a review procedure under this code shall be accompanied by such fee as shall be specified from time to time by an ordinance adopted by the Village Council. There shall be no fee, however, in the case of applications filed by the Mayor, Village Council, or any of the review boards.

(2) The fees shall be in addition to any other fees that may be imposed by the Village, State, Lorain County, or any other agency having jurisdiction.

(3) Such fees are adopted to cover the cost to the Village for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities.

(4) Unless otherwise identified in the fee schedule adopted by Village Council, no application shall be processed or determined to be complete until the established fee has been paid.

(5) If the Village determines that the costs of a particular application will exceed the filing fee as established by Village Council as a result of the preparation of legal descriptions, maps, studies, or other required information or as a result of the need for professional expert review, study, or testimony, the Village Administrator is authorized to collect such additional costs from the applicant.

(6) Application fees are not refundable except where the Village Administrator determines that an application was accepted in error or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.

(h) General Provisions for Attendance and Decisions.

(1) Whenever a provision of this code allows for or requires attendance at a meeting or hearing by the applicant, the applicant may attend in person, may have an authorized representative attend in their place, or may provide the Village Administrator written comments in advance of the meeting or hearing. If the applicant is represented by any person other than their attorney, then the speaker will be required to provide written authorization to speak on behalf of the applicant at the meeting or hearing.

(2) Whenever a provision in this code requires a decision to be provided in writing, or communication in writing, then such provision shall be interpreted to allow for such communication by e-mail unless otherwise stated, required by law, or requested by the applicant.

(i) Public Notification for Public Meetings. For all public meetings required by this code, the Village shall comply with this code and all applicable State notice requirements.

(j) Public Notification for Public Hearings.

(1) Applications for development approval that require public hearings, including all adjudication hearings, shall comply with all applicable State requirements and the public meeting notice requirements established in Section 1105.02(i) above.

(2) The Sheffield Village Fiscal Officer shall be responsible for providing the required notice as specified in Table 1105-2.

(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:

A. Provide the name of the applicant or the applicant's agent;

B. Indicate the date, time, and place of the public hearing;

C. Describe the land involved by street address, Lorain County parcel identification number (as applicable), or by legal description; and

D. Describe the nature, scope, and purpose of the application or proposal.

(4) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1105-2.

TABLE 1105-2: NOTICE REQUIREMENTS
Review Procedure	Published Notice	Written (Mailed) Notice
Code Text Amendment	Published notice required a minimum of 30 days before the scheduled public hearing of the Village Council	No written notice is required for a text amendment.
Zoning Map Amendment		Written notice shall be sent to all applicants and all owners of property within 200 feet of the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days before the scheduled public hearing of the Village Council. Written notice shall not be required where the application involves more than ten individual lots
Planned Unit Developments
Conditional Use, Appeals, and Variances	No published notice is required	Written notice to all applicants and all property owners within 200 feet of the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days prior to the scheduled public hearing.

(5) Published Notice.

A. Any required published notice shall be provided in a newspaper of general circulation. The Village may also provide additional published notice by the posting of the notice in Village buildings or by electronic media, including, but not limited to, posting online at the Village's website.

B. The content and form of the published notice shall be consistent with the requirements of this section and State law.

(6) Written (Mailed) Notice.

A. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the applicable review board.

B. Written notice shall be postmarked no later than the number of days specified in Table 1105-2 prior to the hearing date at which the item will be considered.

C. Notice to the applicant shall be sent to the addresses given on the application; otherwise, the notice shall be sent to the address in the last assessment roll for the applicable properties.

(7) Constructive Notice.

A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in the notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this code and such finding shall be made available to the decision-making body prior to final action on the request.

B. When the records of the Village document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.

(k) Conduct of Public Hearing.

(1) Rights of All Persons at Public Hearings. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, and if appearing on behalf of a person or organization, state the name of the person or organization being represented.

(2) Continuance of a Public Hearing or Deferral of Application Review.

A. An applicant may request that a review board's consideration of an application at a public hearing be deferred by submitting a written or verbal request for deferral to the Village Administrator prior to the publication of any notice, as may be required by this code. The Village Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.

B. A request for deferral of consideration of an application received by the Village Administrator after the publication of notice of the public hearing, as required by this code, shall be considered as a request for a continuance of the public hearing and may only be granted by the applicable review board.

C. The review board conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place, provided the date, time, and place are publicly announced at the time of continuance. No additional written or published notice shall be required.

(l) Withdrawal of Application.

(1) Any request for withdrawal of an application shall be either submitted in writing to the Village Administrator or made through a written request by the applicant prior to action by the review or decision-making body.

(2) After a request for withdrawal has been received, the Village Administrator will then withdraw the application from any agenda, and no further action will be taken. Any future request for action will require a new application and fee in accordance with this code.

(m) Examination and Copying of Applications and Other Documents. Documents and/or records related to applications may be inspected and/or copied as provided for by State law.

(n) Effect of any Approvals.

(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.

(2) All approvals shall run with the land or use and shall not be affected by a change in ownership, provided there is no change in use and all conditions of approval continue to be met.

(3) Any approval of a variance or conditional use shall be tied expressly to the related, approved site plan, building permit, or authorization to proceed following zoning compliance review, whichever is applicable.

(o) Modifications or Amendments of Approved Applications.

(1) For any review procedure, the Village Administrator is authorized to allow minor changes related to the design of an approved application where the change is insignificant and has minimal impact on the overall design of the development or subdivision, does not increase density, or is necessary to address minor technical issues. This shall not give the Village Administrator the authority to vary the requirements of this code or any conditions of approval.

(2) Where the Village Administrator determines that the proposed modification, amendment, or change is not minor, as stated above, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.

(p) Reapplication after Denial of an Application. If an application is denied, the applicant may:

(1) Appeal the decision in accordance with the applicable appeals procedure established for the procedure in this code, or as granted by State Law; or

(2) Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Village Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in 1105.02(d)(4). If it does not, the Village Administrator shall return the application, with reasons for their determination, along with any submitted fees;

(3) Submit the same application after a twenty-four (24)-month waiting period; or

(4) Submit a new application if the proposed use and design of the site will be entirely different than the denied application.

(q) Subsequent Development.

(1) Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the Village's Codified Ordinances.

(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.

(3) The Village shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Lorain County, the State, or other agencies having jurisdiction.

(r) Records. The Village shall maintain permanent and current records of all applications and the decisions related to those applications at the Village offices.

(s) Computation of Time.

(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included unless it is a Saturday, a Sunday, or a legal holiday observed by Sheffield Village where the Village administrative offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.

(2) When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).

(3) When the Village offices are closed to the public for the entire day, which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day, which is not a Saturday, a Sunday, or a legal holiday observed by Sheffield Village in which the Village administrative offices are closed for the entire day.

(4) If a timeframe does not specify business or calendar days, such timeframe shall be interpreted to be calendar days.

(Ord. 2879. Passed 10-23-23.)

1105.03 CODE TEXT AND MAP AMENDMENTS.

(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and/or text of this code.

(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning District Map of Sheffield Village, Ohio.

(1) For a zoning map amendment of a specific property, any person who has the authority to file an application (See Section 1105.02(b).) for such property may initiate an amendment by filing an application with the Village Administrator.

(2) Only Village Council or the Planning Commission may initiate code text amendments. However, any member of the public may request that the Planning Commission or Village Council consider a text amendment during their respective public meetings.

(3) Village Council may initiate a code text or map amendment by passing a resolution that refers a recommendation on an amendment to the Planning Commission.

(4) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such an amendment.

(d) Code Text or Map Amendment Review Procedure. The review procedure for a code text or map amendment shall be as follows:

(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with the Village Administrator, Zoning Administrator, and/or Planning Commission to informally discuss the application and any concept plans. Such a meeting shall be subject to Section 1105.02(f).

(2) Step 2 - Application.

A. For amendments that are not initiated by the Planning Commission or Village Council, the applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

B. Amendments initiated by Village Council shall be referred to the Planning Commission for initiation of review.

(3) Step 3 - Village Administrator Review.

A. Upon determination that a text or zoning map amendment application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.

B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the applicable review board without revisions.

C. The Village Administrator shall place the amendment application on the agenda for the next Planning Commission meeting, provided notice is given, or may work with the Planning Commission to set a special meeting to review the amendment application.

(4) Step 4 - Planning Commission Review and Recommendation.

A. Notification of the public meeting shall be provided in accordance with Section 1105.02(h).

B. In reviewing the application, Planning Commission shall, at a minimum, consider the review criteria of this section.

C. The Planning Commission shall make a recommendation to Village Council, on the application, in the form of a resolution to cause legislation to be written in accordance with such recommendation. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.

D. If the Planning Commission fails to make a recommendation within forty-five (45) days of submission of a complete application, or an extended timeframe approved by the applicant, the application will move forward to Step 5 with a recommendation of denial.

(5) Step 5 - Village Council Review and Decision.

A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on Village Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or Village Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the Planning Commission's recommendation, or an extended timeframe approved by the applicant.

B. Notification of the public hearing shall be provided in accordance with Section 1105.02(j).

C. Village Council shall review a text or zoning map amendment application during the public hearing. In reviewing the application, Village Council shall, at a minimum, consider the recommendation from the Planning Commission and the review criteria of this section.

D. Village Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission.

i. If Village Council moves to make any of the following decisions, such action shall only require the concurring vote of a simple majority of the Village Council:

a) Approve the recommendation of the Planning Commission;

b) Approve the recommendation of the Planning Commission with some modification; or

c) Deny the application following a recommendation for approval from Planning Commission.

ii. If Village Council moves to overturn a recommendation for denial from the Planning Commission, such action shall require three-fourths of the Village Council membership to concur.

(e) Review Criteria. The review of code text or map amendment applications by the Planning Commission and Village Council shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.

(1) The proposed amendment is consistent with the comprehensive land use plan, other adopted or approved Village plans, and the stated purposes of this code;

(2) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;

(3) The proposed amendment will promote the public health, safety, and general welfare;

(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;

(5) The proposed amendment, if amending the zoning map, follows lot lines or the centerlines of streets, railroads, or other rights-of-way.

(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated;

(7) The proposed amendment will not constitute spot zoning, where special treatment is given to a particular property or property owner that would not be applicable to a similar property under the same circumstances; and/or

(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.

(Ord. 2879. Passed 10-23-23.)

1105.04 CONDITIONAL USES.

(a) Purpose. The purpose of a conditional use procedure is to allow consideration for certain uses that, due to their unique and special nature relative to location, design, size, operations, circulation, and general impact on the community, need to be evaluated on a case-by-case basis.

(b) Applicability. This section shall apply to all applications for the establishment or modification of a conditional use as may be identified in this code.

(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

(3) Step 3 - Village Administrator Review.

A. Upon determination that a conditional use application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.

C. The Village Administrator shall place the conditional use application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the conditional use application.

(4) Step 4 - Planning Commission Review and Decision.

A. The Planning Commission shall hold a public hearing on the conditional use application at a public meeting.

B. Notification of the public hearing shall be provided in accordance with Section 1105.02(j).

C. See Section 1103.04(b)(4) for special provisions provided to the Planning Commission as part of a conditional use review.

D. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.

E. Within ninety (90) days of the determination that the application is complete, or an extended timeframe approved by the applicant, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.

F. The Planning Commission may impose such conditions, guarantees, and safeguards as it deems necessary to protect the general welfare and individual property rights and to ensure that the conditional use will meet the intent and purposes of this code.

G. The decision on a conditional use application shall be incorporated in a statement of conclusions relative to the request under consideration. The decision shall specify the basis for the decision and any conditions imposed.

H. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.

(5) Step 4 - Village Council Review and Confirmation.

A. Village Council shall review the Planning Commission's decision at a regularly scheduled meeting or special meeting.

B. Village Council may confirm the decision of the Planning Commission by a simple majority vote or may overturn the decision of the Planning Commission by a three-fourths vote of the total Village Council membership. The decision of the Village Council shall stand.

C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the decision from the Planning Commission shall be deemed a confirmation of the Planning Commission's decision.

(d) Review Criteria. Decisions on a conditional use application shall be based on consideration of the following review criteria. All conditional use applications shall be subject to review under the criteria of this section, as applicable, and may also be subject to additional use-specific standards, as established in this code.

(1) The proposed conditional use is established as an allowed conditional use in the applicable zoning district;

(2) The proposed use is consistent with the spirit, purpose, and intent of the comprehensive land use plan, the general purpose of this code, and the purpose of the zoning district in which the conditional use will be located;

(3) The proposed use complies with any use-specific standards as may be established for the use in Chapter 1107: Zoning Districts and Principal Uses;

(4) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare;

(5) The proposed use will comply with all applicable development standards unless a variance is approved in accordance with this code;

(6) The proposed use will be harmonious with the existing or intended character of the general vicinity, and such use will not change the essential character of the same area;

(7) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood;

(8) The proposed use will not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

(9) Adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided;

(10) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets and considers the proximity of access drives to street intersections relative to the anticipated volume of traffic.

(11) The design of the buildings, structures, and site will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance;

(12) The establishment of the conditional use will not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire, and schools;

(13) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible; and

(14) Wherever there are no use-specific standards (See Section 1107.06.) for the proposed use related to lot and site regulations, then such use shall be subject to the lot and site regulations for the applicable zoning district.

(e) Revocation of a Conditional Use Permit Approval. The breach of any condition, safeguard, or requirement shall automatically invalidate the conditional use approval and shall constitute a violation of this code. Such violation shall be punishable as specified in Chapter 1127: Enforcement and Penalties.

(f) Time Limit.

(1) The applicant shall have acquired the approval of all necessary zoning and building permits, and commenced use or construction within one year of the date the conditional use permit was approved, or the approval shall expire.

(2) A conditional use approval shall be deemed to authorize only one particular conditional use and said approval shall automatically expire if, for any reason, the conditional use shall cease for more than (1) one year.

(3) Upon expiration of a conditional use permit approval, a new application, including all applicable fees, shall be required before a conditional use permit application will be reviewed.

(4) Upon written request, one extension of six (6) months may be granted by the Village Administrator if the applicant can show good cause for a delay.

(5) As part of the conditional use approval, the Planning Commission may authorize alternative time limits for zoning and building permit issuance based on the scale of the proposed development.

(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.

(Ord. 2879. Passed 10-23-23.)

1105.05 SITE PLAN REVIEW.

(a) Purpose. The purpose of this section is to provide adequate review by the Planning Commission of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale, or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.

(b) Applicability. The following forms of development shall require site plan review by the Planning Commission in accordance with this section:

(1) New construction of all principal buildings in all zoning districts; and

(2) Any proposal to alter, reconstruct, or otherwise modify any existing or previously approved site plan for a permitted use, conditional use, or similar use that structurally alters a principal building, increases the number of dwelling units in a multi-family development or changes the use in a manner which requires an increase in the amount of parking or a change in the site's circulation.

(3) Exemptions. The following forms of development shall be exempt from site plan review but may still be subject to zoning compliance review:

A. The new construction, expansion, alteration, or other modification of single-family dwellings;

B. Re-occupancy of an existing building or the internal construction or change in floor area of a building or structure that does not increase the gross floor area, increase the intensity of use, or affect parking or landscaping requirements on a site that meets all of the development standards of this code; and

C. Accessory and temporary uses as established in Chapter 1111: Accessory and Temporary Uses, unless otherwise stated.

(2) Step 2 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

(3) Step 3 - Village Administrator Review.

A. Upon determination that a site plan application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.

C. The Village Administrator shall place the site plan application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the site plan application.

(4) Step 4 - Planning Commission Review and Decision.

A. The Planning Commission shall review the site plan application at a public meeting.

B. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.

C. Within sixty (60) days of the Village Administrator determining that the application is complete, the Planning Commission shall make a decision on the application. In making its decision, the Planning Commission may approve, approve with modifications or supplementary conditions, or deny the application.

D. If the Planning Commission fails to make a decision within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.

(5) Step 4 - Village Council Review and Confirmation.

A. Village Council shall review the Planning Commission's decision at a regularly scheduled meeting or special meeting.

D. After approval of a site plan, the applicant may apply for zoning compliance review.

(d) Review Criteria. The following standards shall be utilized by the Planning Commission in the review of all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of the site plans as well as for the reviewing authority in making a judgment concerning them. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention, or innovation.

(1) The proposed development is consistent with all the requirements of this code and other related codes and ordinances of the Village;

(2) The proposed development is in compliance with the applicable zoning district regulations;

(3) The proposed development complies with any established standards, policies, or requirements in the approved comprehensive land use plan;

(4) The proposed development meets all the requirements or conditions of any applicable development approvals (e.g., previously approved planned unit developments, conditional use approvals, variance approvals, etc.);

(5) Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such a relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features, or other buildings;

(6) The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this code;

(7) The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas;

(8) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;

(9) Points of ingress/egress to the development shall be controlled and designed in such a manner as to minimize conflicts with adjacent properties and developments;

(10) Any utility installations remaining above ground shall be located so as to have a harmonious relationship with neighboring properties and the site;

(11) Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas shall be subject to such setbacks, screen plantings, or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties;

(12) The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas;

(13) Adequate provision is made for emergency vehicle access and circulation; and

(14) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing criteria are complied with at the completion of each stage.

(e) Significance of an Approved Site Plan.

(1) An approved site plan shall become, for the proposed development, a binding commitment of the specific elements approved for development, regardless if the ownership of the site is transferred.

(2) All construction and development under any building permit or authorization to proceed following zoning compliance review shall be in accordance with the approved site plan. Any departure from such plan shall be cause for revocation of the building permit or authorization to proceed, and the property owner or other responsible parties are subject to penalties as prescribed by this code.

(f) Time Limit.

(1) The applicant shall submit a completed application for zoning compliance review within one year of the date the site plan was approved, or the site plan approval shall expire.

(2) Upon expiration of a site plan approval, a new application, including all applicable fees, shall be required before a new site plan will be reviewed.

(3) Upon written request, one extension of six months may be granted by the Village Administrator if the applicant can show good cause for a delay.

(4) The Planning Commission may authorize alternative time limits for zoning compliance review, as part of its approval, based on the scale of the proposed development.

(Ord. 2879. Passed 10-23-23.)

1105.06 ZONING COMPLIANCE REVIEW.

(a) Purpose. A finding of zoning compliance shall be required in accordance with the provisions of this section in order to ensure that proposed development and uses comply with the standards of this code and to otherwise protect the public health, safety, and general welfare of the citizens of Sheffield Village.

(b) General Provisions.

(1) Where a building permit is required in Chapter 1335 of the Code of Ordinances for any work subject to the provisions of this code, a review for zoning compliance shall take place as part of the building permit review process. The building permit review procedure and timeframes established in Chapter 1335 of the Code of Ordinances shall apply. However, the timeframe for building permit review and decisions shall not commence until the applicant has received all necessary zoning approvals in accordance with this code (e.g., zoning map amendments, site plan review, conditional use review, variances, etc.). Approval of the building permit shall be authorization to proceed with any approved work.

(2) Where a building permit is not required by Chapter 1335 of the Code of Ordinances, any work subject to the requirements of this section shall still be required to receive an authorization to proceed. Such authorization shall take place in accordance with the procedure set forth in this section.

(1) No building or other structure shall be erected, moved, structurally altered, or added to, in whole or in part, nor shall any building, structure, or land be used or changed in use without a zoning compliance review. A change in tenancy or ownership of a residential dwelling unit shall be exempt from the zoning compliance review requirement unless such change in tenancy changes the classification of the use.

(2) Zoning compliance review may be required for the establishment of certain temporary or accessory use as established in Chapter 1111: Accessory and Temporary Uses.

(3) Zoning compliance review shall be required for any changes to any site element, vehicular use area, landscaping, patio, or other improvements to land as may be established under the applicability sections of individual sections or chapters in this code.

(4) The establishment of a use of vacant land or building shall require authorization to proceed through the zoning compliance review process.

(5) Changes in a building or structure's appearance that is regulated by this code shall require authorization to proceed through the zoning compliance review process unless the change is a replacement of the same-for-same materials and colors, etc.

(6) Unless otherwise specifically exempted in Section 1121.02(g), signs shall require an authorization to proceed through the zoning compliance review process.

(7) Authorization to proceed through the zoning compliance review process shall be granted only in conformity with the provisions of this code unless the application is subject to approval by the BZA or Planning Commission providing for additional standards, conditions, or modifications, in which case, the authorization to proceed shall be issued in conformity with the provisions of those approvals, as applicable.

(8) Failure to obtain an authorization to proceed through the zoning compliance review process shall be a violation of this code subject to the provisions of Chapter 1127: Enforcement and Penalties.

(d) Zoning Compliance Review. The following shall be the process used by the Village Administrator to determine zoning compliance for activities that do not require a building permit approval.

(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

(2) Step 2 - Village Administrator Review and Decision.

A. The Village Administrator may distribute the application to other staff members and other Village departments to solicit comment on the subject application.

B. Within thirty (30) days after the application is determined to be complete, or an extended timeframe approved by the applicant, the Village Administrator shall make a decision on whether the application demonstrates compliance with this code. In making its decision, the Village Administrator may approve or deny the application. The Village Administrator may also approve modifications or supplementary conditions necessary to ensure the proposed activity will be in full compliance with this code.

C. The above thirty (30)-day timeframe shall not begin until the applicant has received all other necessary zoning approvals in accordance with this code (e.g., zoning map amendments, site plan review, conditional use review, variances, etc.) and made a formal application for zoning compliance review.

D. Prior to making a decision, the Village Administrator shall have the authority to provide comments to the applicant regarding necessary revisions to bring the application into full compliance.

E. If the Village Administrator fails to act within thirty (30) days from the date the application is determined to be complete, or an extended period as may be agreed upon by the Village Administrator and applicant, then the application shall be considered denied.

F. Where revisions are necessary for approval, the application shall not be deemed formally approved until the applicant makes all of the appropriate changes and submits all necessary revised forms, maps, and documents to the Village Administrator.

G. When the Village Administrator denies an application, the Village Administrator shall inform the applicant of the reason for the denial, including the regulation(s) which would be violated by the proposed use or development.

H. Approvals shall be granted through a formal authorization to proceed from the Village Administrator. Such authorization may take the form of a permit, letter to proceed, or other format as may be established by the Village Administrator.

(e) Review Criteria for a Zoning Compliance Review. In order to authorize any activity to proceed, the Village Administrator shall determine the following:

(1) The application complies with all applicable provisions of this code and the applicable zoning district; and

(2) The application complies with all approved plans, conditions, or other development approvals issued pursuant to the rules of this code (e.g., variances, conditional uses, etc.).

(f) Time Limits.

(1) Where a building permit is required for the subject activity, the activity shall be subject to the time limits established for the building permit.

(2) Time limits for permitted temporary uses and structures that do not require a building permit shall be as authorized in Section 1111.02. Any authorization to proceed with a temporary use that does not require a building permit shall include the approved start and end dates for the proposed temporary use.

(3) Any other activities that do not require a building permit shall be required to be built or established within one (1) year of the authorization to proceed, or the authorization to proceed shall be voided.

(4) Upon written request, one extension of six (6) months may be granted by the Village Administrator if the applicant can show good cause for a delay.

(5) The Village Administrator shall notify the applicant of the revocation of an authorization to proceed, including notice that further work as described in the canceled authorization shall not proceed unless and until an authorization to proceed has been obtained or an extension granted.

(6) Upon revocation of an authorization to proceed, a new application, including all applicable fees, shall be required before a new authorization to proceed will be reviewed.

(7) The above time limits shall not apply if alternative time limits that have been approved by the Village Administrator, Planning Commission, or BZA in accordance with the applicable review procedure.

(g) Revoking an Authorization to Proceed. Any authorization to proceed shall be revocable by either the Village Administrator or Zoning Administrator if, among other things, the actual development activity does not conform to the terms of the application and approval granted thereon. In the event of the revocation of an authorization to proceed, an appeal may be taken to the BZA in accordance with Section 1105.08: Appeals.

(h) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Administrator or Zoning Administrator, as applicable, shall have the right to appeal the decision to the BZA in accordance with Section 1105.08.

(Ord. 2879. Passed 10-23-23.)

1105.07 VARIANCES.

(a) Purpose. The purpose of a variance is to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that a variance be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.

(b) Variance Review Board.

(1) The BZA shall have the authority to review and make decisions on area and dimensional variance applications.

(2) The Planning Commission shall have the authority to review and make decisions on use variance applications.

(c) Variance Review Procedure. The review procedure for a variance shall be as follows, regardless of which review board is responsible:

(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

(2) Step 2 - Village Administrator Review.

A. Upon determination that a variance application is complete, the Village Administrator shall distribute the application to the applicable review board and may distribute the application to other departments or agencies for review and comment.

B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the applicable review board or may request that the application be forwarded to the applicable review board without revisions.

C. The Village Administrator shall place the variance application on the agenda for the next meeting of the applicable review board, provided notice is given, or may work with the applicable review board to set a special meeting to hear the variance application.

(3) Step 3 - Board Review and Decision.

A. The applicable review board shall hold a public hearing on the variance application after notification is provided pursuant to Section 1105.02(j).

B. In reviewing the application, the applicable review board shall, at a minimum, consider the review criteria of this section.

C. The applicable review board may request that the applicant supply additional information that the applicable review board deems necessary to review and evaluate the request for a variance.

D. Within ninety (90) days of the determination that the application is complete, or an extended timeframe approved by the applicant, the applicable review board shall render a decision. In making its decision, the applicable review board may approve, approve with modifications or supplementary conditions, or deny the application.

E. In making its decision, the applicable review board shall make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the approval, approval with modifications or supplementary conditions, or denial of the variance application that will make possible a reasonable use of the land, building, or structure.

F. The Secretary of the applicable review board shall notify the applicant of the decision of the applicable review board.

G. If the applicable review board fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.

H. In approving a variance, the applicable review board may impose conditions on the approval, the proposed use, or the premises to be developed or used pursuant to such approval as it determines are required to ensure compliance with the standards of this section and the purpose of this code. Any conditions established by the applicable review board shall relate directly to the requested variance.

I. Any violation of the conditions of approval shall be a violation of this code, subject to the enforcement and penalties of Chapter 1127: Enforcement and Penalties.

(4) Step 4 - Village Council Review and Confirmation.

A. Village Council shall review the applicable review board's decision at a regularly scheduled meeting or special meeting.

B. Village Council may confirm the decision of the applicable board by a simple majority vote or may overturn the decision of the Planning Commission or BZA, as applicable, by a three-fourths vote of all of the total Village Council membership. The decision of the Village Council shall stand.

C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the decision from the applicable review board shall be deemed a confirmation of the applicable review board's decision.

D. The decision of the Village Council on the confirmation shall become effective immediately.

(d) Review Criteria.

(1) Area or Dimensional Variance. Where an applicant is seeking an area or dimensional variance, the following factors shall be considered and weighed by the BZA to determine if a practical difficulty exists that would justify approval of the variance. However, no single factor listed below may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts. The application for a variance shall not be based exclusively upon a desire to increase the value or income potential of the parcel of land or any structures or uses thereupon. The BZA shall take into consideration the following:

A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or proximity to nonconforming and inharmonious uses, structures, or conditions;

B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

C. Whether the variance is the minimum necessary to make possible the reasonable use of the land or structures;

D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and trash pickup;

F. Whether special conditions or circumstances exist as a result of actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);

G. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

H. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice is done by granting a variance;

I. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and

J. Whether a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.

(2) Use Variance. In order to grant a use variance, the Planning Commission shall determine that strict compliance with the terms of this code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:

A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;

B. The variance requested stems from a condition that is unique to the property at issue and not ordinarily found in the same zone or district;

C. The hardship condition is not created by actions of the applicant (actions of the applicant shall not include the purchase or acquisition of the property);

D. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

E. The granting of the variance will not adversely affect the public health, safety, or general welfare;

F. The variance will be consistent with the general spirit and intent of this code; and

G. The variance sought is the minimum that will afford relief to the applicant.

(e) Time Limit.

(1) The applicant shall submit a completed application for zoning compliance review and start work within one year of the date the variance was approved, or the approval shall expire.

(2) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a variance application will be reviewed.

(3) Upon written request, one extension of six (6) months may be granted by the Village Administrator if the applicant can show good cause for a delay.

(4) As part of the variance approval, the applicable review board may authorize alternative time limits for zoning compliance review based on the scale of the proposed development.

(f) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.

(Ord. 2879. Passed 10-23-23.)

1105.08 APPEALS.

(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this code.

(b) Applicability.

(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this code, including, but not limited to, administrative decisions by the Village Administrator or Zoning Administrator.

(2) An appeal may not be made to the BZA when the decision is part of a legislative action such as a code text or map amendment.

(c) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this code.

(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:

(1) Step 1 - Submission of Appeal. Within thirty (30) days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Village Administrator in accordance with Section 1105.02: Common Review Requirements.

(2) Step 2 - Forwarding of the Record to the BZA.

A. Upon receiving the written appeal of an administrative decision or determination, the Village Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the BZA. This material shall constitute the record of the appeal.

B. The Village Administrator shall also place the appeal on the agenda for the next meeting of the BZA, provided notice is given, or may work with the BZA to set a special meeting to hear the appeal.

(3) Step 3 - BZA Review and Decision.

A. The BZA shall hold a public hearing with notification provided pursuant to Section 1105.02(j).

B. In reviewing the appeal, the BZA shall, at a minimum, consider the review criteria of this section.

C. Within ninety (90) days of the date the appeal was submitted to the BZA, the BZA shall render a decision on the appeal. The BZA may reverse or affirm, wholly or in part, or modify any such order, requirement, decision, or determination.

D. The Secretary of the BZA shall notify the appellant of the decision of the BZA.

E. If the BZA fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.

F. The decision of the BZA shall become effective immediately.

(e) Review Criteria. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.

(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed unless the Village Administrator certifies to the BZA that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the BZA or by a court of competent jurisdiction, for good cause shown.

(g) Appeals of BZA Decisions.

(1) If the BZA confirms the administrative decision subject to appeal, any person or entity claiming to be injured or aggrieved by such final action of the BZA shall have the right to appeal the decision the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.

(2) If the BZA overturns the administrative decision subject to appeal, any person or entity claiming to be injured or aggrieved by such final action of the BZA shall have the to appeal the BZA's decision to Village Council, as follows:

A. Village Council shall review the BZA's decision at a regularly scheduled meeting or special meeting following the submission of a request to appeal the BZA's decision.

B. Village Council may confirm the decision of the BZA by a simple majority vote or may overturn the decision of the BZA by a three-fourths vote of the total Village Council membership. The decision of the Village Council shall stand.

C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the application for an appeal shall be deemed a confirmation of the applicable BZA's decision.

(Ord. 2879. Passed 10-23-23.)

1105.09 MINOR SUBDIVISIONS.

(a) Purpose. The purpose of the minor subdivision process is to allow for small subdivisions of land, consolidation of lots, or transfer of a portion of a lot to an adjacent lot where there will not be the creation of a new street, the dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.

(b) Applicability.

(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:

A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four (4) new lots and the remainder of the original lot);

B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;

C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;

D. The subdivision shall not require any public improvements or the dedication of rights-of-way;

E. The property has been surveyed, and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and

F. No landlocking of parcels shall occur as a result of the minor subdivision.

(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and for the dedication of additional land for the widening of existing streets, where no new lots are created.

(1) Step 1 - Application.

A. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

B. The application shall include a deed or other instrument of conveyance in compliance containing an accurate and current legal description based on a boundary survey of each proposed new lot.

C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application, and instruments of conveyance shall be submitted for both resulting lots.

(2) Step 2 - Review and Comment by Applicable Agencies.

A. Upon determination that the application for a minor subdivision is complete, the Village Administrator may transmit copies of the application for review by applicable agencies, including, but not limited to, the Village Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.

B. Such agencies may supply comments, recommendations, and approvals, as applicable, to the Village Administrator for consideration prior to the Village Administrator's decision (Step 3).

(3) Step 3 - Review and Decision by the Village Administrator.

A. Within thirty (30) days of the determination that the application (Step 1) is complete, or an extended timeframe approved by the applicant, the Village Administrator shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review criteria established below. An extension on the decision may be granted with approval from the applicant.

B. In reviewing the minor subdivision, the Village Administrator, on the recommendation of the Village Engineer, may require the addition of easements and/or setbacks as part of a transfer of land area between two (2) lots.

C. If the application is approved with modifications, the applicant shall be required to revise all documents prior to final signing and recording.

D. If the Village Administrator denies an application for a minor subdivision, the Village Administrator shall provide the applicant with written findings for the denial.

(4) Step 4 - Recording.

A. If the application is approved, the Village Administrator shall sign and date all required deeds in the minor subdivision or other forms of conveyance allowed by the Lorain County Auditor.

B. The applicant shall then be responsible for submitting the signed conveyance with the Lorain County Auditor for the transfer of property and to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Village Administrator, after recording.

C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.

D. Following recordation, the applicant shall be required to provide the village with written confirmation of the recording.

(d) Review Criteria. In order for a minor subdivision to be approved, the Village Administrator must determine the following:

(1) That the minor subdivision complies with all applicable provisions of this code, including, but not limited to, the lot development standards of Section 1113.01;

(2) That the minor subdivision complies with all other applicable regulations of the Village; and

(3) That all valid objections to the minor subdivision raised by the Village departments have been or will be satisfactorily resolved by the applicant.

(e) Variances. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards mandated by this code, the applicant will be required to apply for and receive variance approvals (See Section 1105.07.) prior to the review of the minor subdivision.

(f) Time Limit. The minor subdivision approval shall expire 120 days after the Village Administrator signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Lorain County Recorder during said period.

(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the BZA as established in Section 1105.08: Appeals.

(Ord. 2879. Passed 10-23-23.)

1105.10 MAJOR SUBDIVISIONS.

(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.

(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1105.09(b) shall be subject to the requirements of this section.

(1) Step 1 - Pre-Application Meeting (Required). An applicant shall be required to have a pre-application meeting with the Village Administrator to informally discuss the application and any concept plans. The applicant shall also still have the option to request a pre-application meeting with the Planning Commission. Such meetings shall be subject to Section 1105.02(f).

(2) Step 2 - Application and Filling of the Preliminary Plat.

A. The applicant shall submit an application, including a preliminary plat, in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

B. The preliminary plat shall be prepared, signed, and sealed by an engineer or land surveyor registered with the State of Ohio.

(3) Step 3 - Village Administrator Review and Transmission to the Planning Commission.

A. Upon determination that a preliminary plat application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.

C. The Village Administrator shall place the preliminary plat application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the preliminary plat application.

(4) Step 4 - Review and Recommendation on the Preliminary Plat by the Planning Commission.

A. The Planning Commission shall review the preliminary plat application at a public meeting and make a recommendation to Village Council.

B. In making its recommendation, the Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant. In making its recommendation, the Planning Commission shall, at a minimum, consider the review criteria of this section.

C. The Planning Commission shall make a recommendation to Village Council within forty-five (45) days of the determination that the preliminary plat application is complete unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within forty-five (45) days or there is no agreement for an extension of time, the application for a preliminary plat will be considered denied.

(5) Step 5 - Review and Decision on the Preliminary Plat by Village Council.

B. Village Council shall review the preliminary plat application during the public meeting. In reviewing the application, Village Council shall, at a minimum, consider the recommendation from the Planning Commission and the review criteria of this section.

C. Village Council shall make a decision to approve, approve with some modification, or deny the recommendation of the preliminary plat application.

D. If the Village Council denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Village Council.

E. In the event the Village Council denies the preliminary plat or approves with conditions, the Village Administrator, on behalf of the Village Council, shall provide the subdivider with a statement setting forth the reasons for the denial or the conditions of approval.

F. If the applicant proposes to construct the subdivision in phases, the Village Council may approve a timeframe for filing of improvement plans and final plats for each phase.

G. Approval of the preliminary plat by the Village Council does not constitute approval of the subdivision but is merely an authorization to proceed with the preparation of the final plat and improvement plans.

(6) Step 6 - Submission of Improvement Plans and the Final Plat.

A. The applicant shall submit a final plat and related improvement plans and specifications in accordance with Section 1105.02: Common Review Requirements. Such application shall take place within one year following the Village Council's approval of the preliminary plat unless the Village Council approves an alternative schedule, in which case the applicant shall submit in accordance with the approved schedule. Failure to submit the final plat and improvement plans within this time frame shall void the preliminary plat approval, and the subdivider will be required to submit a new application in accordance with these regulations.

B. The applicant shall submit the improvement plans and specifications in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.

C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes in the preliminary plat approval.

D. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.

E. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to the approval of the final plat, the applicant shall be required to provide all information required as part of Section 1123.05.

F. Upon determination by the Village Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.

G. The final plat shall be prepared, signed, and sealed by a registered architect, engineer, land surveyor, landscape architect, or professional planner.

(7) Step 7 - Village Administrator Review of the Final Plat and Improvement Plans.

A. Upon determination that the submission of the final plat and improvement drawings is complete, the Village Administrator may transmit copies of the application for review by applicable agencies, including, but not limited to, the Village Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.

B. Improvement Plan Approval.

i. The authorities having jurisdiction over the improvement plans shall be responsible for making decisions on the applicable elements of the improvement plans. Upon approval by all authorities having jurisdiction over the improvement plans, such plans shall be considered approved, and the construction of improvements may commence.

ii. The Village Engineer shall be responsible for reviewing and approving the drawings and specifications showing cross-sections, profiles, elevations, construction details, and specifications for all required improvements that are subject to Village review as shown on the drawings and specifications and shall determine if they are in conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the Village. The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the Village Engineer. Failure to receive approval and certification of the improvement plans will result in the final plat not being forwarded to the Planning Commission for review.

C. Upon receipt of comments on the final plat, the applicant shall have the option to make revisions to the application and final plat based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions.

D. The Village Administrator shall place the preliminary plat application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the preliminary plat application.

E. Construction of Improvements.

i. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the Village Engineer before the Village can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the Village Engineer.

ii. All required subdivision improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between their construction and final approval and acceptance of the subdivision by the Village. Additionally, such improvements shall be subject to maintenance requirements following acceptance in accordance with Chapter 1123: Subdivision Design.

iii. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.

(8) Step 8 - Review and Decision on the Final Plat by the Planning Commission.

A. The Planning Commission shall review the final plat at its next regularly scheduled meeting or at a special meeting after the final plat is submitted and determined to be complete.

B. The Planning Commission shall approve, approve with conditions, or deny the final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.

C. The Planning Commission shall make a decision within forty-five (45) days of the filing of the final plat and improvement plans (Step 6) unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within forty-five (45) days or there is no agreement for an extension of time, the application for a final plat will be considered denied.

D. The review of the final plat will include a review by the Law Director.

E. If the Planning Commission denies the final plat, the applicant shall not move forward in the review process until a final plat is approved by the Planning Commission.

F. In the event the Planning Commission denies the final plat or approves with conditions, the Planning Commission shall provide the subdivider with a statement setting forth the reasons for the denial or the conditions of approval.

G. Approval of the final plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, other public ways, or open space on the final plat unless they are accepted by Village Council in the form of the adoption of an ordinance.

H. The final plat shall be held until acceptance of all improvements in Step 9. No final plat shall be recorded until all improvements and areas offered for parks, open space, or public rights-of-way have been accepted by Village Council.

(9) Step 9 - Acceptance of Improvements by Village Council. The Village, through action by the Village Council, shall review the final plat and consider acceptance of public improvements made by a subdivider only after meeting the following conditions:

A. The public improvements have been made in accordance with the requirements of this code and any other manuals or documents referenced in Chapter 1123: Subdivision Design;

B. Installation of the public improvements has been completed in accordance with the applicable design standards;

C. All final inspections required by these regulations and the Village have been carried out by the Village and said public improvements were found to be acceptable by the Village Engineer.

D. After all public improvements have been installed to the satisfaction of the Village, the subdivider shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the Village Engineer in a format acceptable to the Village Engineer.

E. After all public improvements have been installed in accordance with the subdivision agreement and these regulations and the subdivider has complied with this section, the Village Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee. See also Section 1123.05.

(10) Step 10 - Disposition of Approved Plat and Recordation.

A. All required deeds, agreements, and other required legal instruments shall be submitted to the Village Administrator within sixty (60) days from the date of the Planning Commission's approval of the final plat, or such approval shall thereafter be rendered null and void.

B. Any plat recorded which has not been approved according to the regulations in this chapter shall be considered invalid.

C. The subdivider shall then be responsible for submitting the signed plat to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said plat to the Village after recording.

D. The approval of a plat shall expire within 120 days after Village Council approval is effective unless the plat has been duly filed and recorded by the applicant as required by law and the original tracing of the plat has been filed with the Village Administrator.

E. Following recordation, the applicant shall be required to provide the village with written confirmation of the recording.

(d) Review Criteria. In order to approve a major subdivision, the Planning Commission and Village Council shall determine the following:

(1) That the major subdivision complies with all applicable provisions of this code;

(2) That the major subdivision does not conflict with other regulations, plans, or policies of the Village;

(3) That the proposed subdivision is designed to be harmonious with the existing immediate or surrounding area or in keeping with the intended character of such area;

(4) That the proposed streets are in accordance with approved plans and have been coordinated with existing streets and that adequate measures have been taken to provide ingress and egress so as to minimize traffic congestion in public streets;

(5) That the proposed subdivision will not adversely affect the delivery of governmental services;

(6) That applicable review agencies have no objections that cannot be resolved by the applicant; and

(7) That the final plat and improvement plans conform to the approved preliminary plat if submitted and approved.

(e) Amendments of Application.

(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission or Village Council and an endorsement is made in writing on the plat unless the plat is first resubmitted and the changes approved by the Planning Commission and Village Council.

(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Village Engineer. The Village Engineer may require that a revised preliminary plat be submitted for re-approval following the review procedure in Section 1105.10(c) if the changes significantly alter the design of the subdivision, including changes to the number of lots, modification of street layouts, or other substantial changes. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the Village Engineer may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void the approval of the preliminary plat, and any new submission shall be subject to a new application.

(3) During the final plat process, the Village Engineer is authorized to allow minor changes related to the public improvements or design where there is minimal impact on the overall design of the subdivision. This shall not give the Village Engineer the authority to vary the requirements of this code.

(4) If, during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the subdivider shall submit the modified improvement plans (which have now become as-built drawings) to the Village Engineer, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the Village Engineer does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans, or the Village may utilize the financial guarantee to correct the issue.

(f) Subdivision Modifications.

(1) Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land, including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or subdividers in general.

(2) Applicability.

A. If the proposed subdivision requires a deviation from the minimum lot and building development standards (e.g., lot area, lot width, etc.), the applicant will be required to apply for and receive all the necessary variance (See Section 1105.07.) approvals prior to the approval of a preliminary plat.

B. If the applicant seeks a modification of standards required by Chapter 1123: Subdivision Design, then the request for a modification shall be accomplished through the procedure outlined in this section.

(3) Subdivision Modification Review.

A. A request for a subdivision modification shall be reviewed as part of the preliminary plat review procedure.

B. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.

C. The Planning Commission shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the modifications.

D. In approving a modification, the Planning Commission may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purpose of these regulations.

E. If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the subdivision modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.

(4) Review Criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in Section 1105.07(d).

(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or Village Council, as applicable, shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506. (Ord. 2879. Passed 10-23-23.)

1105.11 INTERPRETATION OF THE CODE.

It is the intent of this code that all questions of interpretation related to the administration and enforcement of this code shall be first presented to the Village Administrator and that such questions shall be presented to the BZA only on appeal from the decision of the Village Administrator. Such appeals shall be in accordance with Section 1105.08: Appeals.

(Ord. 2879. Passed 10-23-23.)

Sheffield City Zoning Code

CHAPTER 1105

Review Procedures

1105.01 PURPOSE.

1105.02 COMMON REVIEW REQUIREMENTS.

The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code unless otherwise stated.

TABLE 105-1: SUMMARY OF REVIEW PROCEDURES
Review Procedure	See Section:	Village Council	Planning Commission	BZA	Village Administrator
Code and Text Amendment	1105.03	PH/D	PM/R
Conditional Use	1105.04	PM/C	AH/D
Site Plan Review	1105.05	PM/C	PM/D
Zoning Compliance Review	1105.06				D
Use Variance	1105.07	PM/C	AH/D
Area/Dimensional Variance	1105.07	PM/C		AH/D
Appeals of Administrative Decisions	1105.08	PM/C[1]		AH/D
Minor Subdivision	1105.09				D
Major Subdivision Preliminary Plat	1105.10	PM/D	PM/R
Major Subdivision: Subdivision Modification	1105.10		PM/D
Major Subdivision: Final Plat and Improvement Plans	1105.10		PM/D
Major Subdivision Acceptance of Improvements	1105.10	D
Interpretation of the Code	1105.11				D
Abbreviations
PH = Public Hearing AH = Adjudication Hearing PM = Public Meeting	R = Recommendation D = Decisions C = Confirmation
NOTE: [1] The Village Council shall have a confirmation review of an appeal only where the BZA decides to overturn an administrative decision through the appeals process.

(b) Authority to File Applications.

(1) Unless otherwise specified in this code, applications for development review procedures defined in this code may be initiated by:

A. An owner of the property that is the subject of the application; or

B. An agent authorized, in writing, by the owner, which may include a lessee of the property, manager, attorney, or other representative.

(d) Application Contents.

(1) Applications required under this code shall be submitted to the office of the Village Administrator.

(2) All applications shall be in a form and in such numbers as established by the Village Administrator and made available to the public as part of any application forms.

(3) Applications shall be accompanied by a fee, if required, in accordance with the fee ordinance adopted by Village Council pursuant to Section 1105.02(g): Fees.

(4) Complete Application Determination.

A. The Village Administrator shall only initiate the review and processing of applications submitted under this code if such application is determined to be complete.

C. The Village Administrator shall make a determination of application completeness within five (5) business days of the application filing.

D. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.

I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.

(e) Simultaneous Processing of Applications.

(1) Whenever two (2) or more forms of review and approval are required by review boards under this code, the Village Administrator shall determine the order and timing of the reviews.

(2) The Village Administrator may authorize a simultaneous review of multiple applications so long as all applicable requirements are satisfied for all applications.

(f) Pre-application Conferences or Meetings.

(g) Fees.

(2) The fees shall be in addition to any other fees that may be imposed by the Village, State, Lorain County, or any other agency having jurisdiction.

(3) Such fees are adopted to cover the cost to the Village for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities.

(4) Unless otherwise identified in the fee schedule adopted by Village Council, no application shall be processed or determined to be complete until the established fee has been paid.

(h) General Provisions for Attendance and Decisions.

(i) Public Notification for Public Meetings. For all public meetings required by this code, the Village shall comply with this code and all applicable State notice requirements.

(j) Public Notification for Public Hearings.

(2) The Sheffield Village Fiscal Officer shall be responsible for providing the required notice as specified in Table 1105-2.

(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:

A. Provide the name of the applicant or the applicant's agent;

B. Indicate the date, time, and place of the public hearing;

C. Describe the land involved by street address, Lorain County parcel identification number (as applicable), or by legal description; and

D. Describe the nature, scope, and purpose of the application or proposal.

(4) Notice Requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1105-2.

TABLE 1105-2: NOTICE REQUIREMENTS
Review Procedure	Published Notice	Written (Mailed) Notice
Code Text Amendment	Published notice required a minimum of 30 days before the scheduled public hearing of the Village Council	No written notice is required for a text amendment.
Zoning Map Amendment		Written notice shall be sent to all applicants and all owners of property within 200 feet of the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days before the scheduled public hearing of the Village Council. Written notice shall not be required where the application involves more than ten individual lots
Planned Unit Developments
Conditional Use, Appeals, and Variances	No published notice is required	Written notice to all applicants and all property owners within 200 feet of the boundary of all properties subject to the application. The notice shall be required a minimum of 10 days prior to the scheduled public hearing.