Administrative provisions are established in this Title to carry out the purposes set forth in Title One and elsewhere in this Planning and Zoning Code, and especially to achieve the following objectives:

   (a)   To establish provisions and procedures for the administration of this Code.

   (b)   To establish provisions and procedures for appeals of certain provisions of this Code and administrative decisions rendered thereunder.

   (c)   To establish procedures for the amendment of this Code.

   (d)   To establish provisions and procedures for control of the design, placement, character and relationship of buildings.

   (a)   The City of South Euclid recognizes that this Planning and Zoning Code is one of the most important codes of the City. It affects the lives and property of every resident of the City. Sound application of the provisions of this Code will maintain and improve the community, and vigorous administration and enforcement of this Code will greatly assist in preventing physical deterioration of the community which in the future may result in increased service and protection costs and a declining tax duplicate. Therefore, the position of Zoning Administrator is hereby created to administer the provisions of this Code.

    (b)   The Zoning Administrator shall be appointed by and directly responsible to the Mayor and shall have the following specific powers and duties:

      (1)   Propose and recommend to the Planning Commission the enactment of amendments to this Code and to the Zoning Map.

      (2)   Receive all applications for amendments to this Code and to the Zoning Map, shall prepare and submit a written report to the Planning Commission of all investigations, facts and findings deemed pertinent, including reports from the City Engineer, the Traffic Bureau of the Police Department and the Chief of the Fire Department, and a description of the property by permanent parcel number, make the necessary land use surveys and refer all such applications, together with appropriate recommendations, to the Planning Commission for action.

      (3)   Review all applications for a building permit and all applications for a certificate of occupancy to make certain that they meet the requirements of this Code. All site plans for buildings, structures, developments and uses, for which application for a building permit is made, shall be brought before the Planning Commission for its review and consultation, except for single-family detached houses and improvements pertinent thereto. No permit shall be issued without the approval of the Zoning Administrator.

      (4)   Participate in the establishment of rules and regulations for proceedings before the Planning Commission and the Zoning and Building Standards Board of Appeals and the standardization of forms for such proceedings.

      (5)   Maintain written records of all actions taken under this Code, as well as the records of the Planning Commission and the Board of Appeals.

      (6)   Maintain a map showing the current zoning classification of all land in the City.

      (7)   Intervene in all proceedings before the Board of Appeals to present facts and information which assist the Board in reaching a decision, and resist and oppose any deviation from the standard provisions of this Code.

      (8)   Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this Code. Incidental to such investigations and surveys, an authorized representative of the City may enter into and upon any structure or land and cause the same to be inspected or examined. If provisions for doing so are contained in a housing code, such provisions shall prevail.

      (9)   Make written orders requiring compliance with the provisions of this Code, including orders to stop construction or operations if they are in violation of the provisions of this Code.

      (10)   Recommend to the Law Department court proceedings for the enforcement of the provisions of this Code and administrative determinations thereunder.

      (11)   Maintain a register of nonconforming uses and enforce applicable procedures for the elimination of such uses.

      (12)   Cause notice of public hearings to be published once each week for two successive weeks in a newspaper of general circulation in the City that are scheduled by the Planning Commission and the Board of Appeals, during which period of notice the proposed ordinance, maps, plans and reports shall be on file in the office of the Clerk of Council for public examination.

    (c)   The Zoning Administrator shall be experienced in matters pertaining to zoning and development and shall possess all qualifications established by ordinance. The compensation of the Zoning Administrator shall be fixed by City Council.

   (d)   Upon approval of City Council, the Zoning Administrator may retain professional architectural, engineering, planning, traffic engineering and similar services, on a consulting basis, to assist in carrying out his or her duties. Obligations for expenditures for such services shall be within the amount appropriated for such purpose by City Council.

   (e)   The Zoning Administrator may employ such staff assistance for clerical, investigative and other duties as may be provided for by ordinance of Council. Compensation for such staff shall be within the amount appropriated for such purposes by City Council.

(Ord. 56-06. Passed 12-11-06.)

   (EDITOR’S NOTE: Section 761.02 was repealed by Ordinance 01-17, passed December 27, 2018)

   (a)   The Planning Commission, in addition to all other powers and duties, general and specific, set forth in this chapter, or as may be conferred upon it by ordinance of City Council or the Charter of the City of South Euclid, shall have the following specific powers and duties:

      (1)   Review site plans for all buildings, structures and uses, except single-family detached homes and improvements pertinent thereto, for which application for a building permit is made, and advise and consult with the Zoning Administrator concerning such plans. Prior

      (3)   Review and approve, disapprove, or approve with modification, all applications for any subdivision or resubdivision of land within the City in accordance with the terms of these regulations.

      (4)   Review all substitutions of nonconforming uses as set forth in Title Five. No building permit or certificate of occupancy for such substitution shall be issued without approval of the Planning Commission, and only in accordance with the terms of such approval.

      (5)   Recommend amendments to this Planning and Zoning Code to the City Council.

      (6)   Review of all proposed amendments to this Code submitted to it by the Zoning Administrator and recommend approval, disapproval, or approval with modifications, to the City Council.

      (7)   Hold public hearings in accordance with the provisions of this Title.

      (8)   Employ staff for clerical, investigative and other purposes necessary to the performance of its duties. Expenditures for such employment shall be within the amount appropriated by City Council.

   (b)   A quorum shall consist of three members, and the concurring vote of three or more members of the Planning Commission shall be necessary to take any action on any application or amendment to the Planning and Zoning Code.

      (1)   A member of the Planning Commission shall not be qualified to vote if he or she has a direct or indirect interest in the application or amendment.

      (2)   When the Planning Commission is required to conduct a public hearing on an application or amendment, a member of the Planning Commission shall not be qualified to vote if he or she has not attended such required public hearing.

(Ord. 71-06. Passed 6-11-07.)

   The Zoning and Building Standards Board of Appeals is established by the City Charter to hear and decide appeals for exceptions to and variances from the application of ordinances, orders or regulations of officials or agencies governing building and zoning in the Municipality in conformity with the intent and purposes thereof, and in conformance with the procedures established in this Title. With reference to this Planning and Zoning Code, the Board of Appeals is a body of limited jurisdiction with the following specific powers and duties:

   (a)   Upon appeal by the owner of record title from an adverse decision, the Board of Appeals shall decide any question involving an interpretation of any provision of this Code, provided that the following standards are not exceeded:

      (1)   Upon appeal by the property owner from the provisions of this Code relating to the number of off-street parking spaces, a variance may be granted on the minimum number of off-street parking spaces required, but such variance shall not exceed more than twenty-five percent of such requirement.

      (2)   Upon appeal by the property owner from the provisions of Section 772.06 relating to the height of a garage door, a variance may be granted on the height of the door, but such variance shall not exceed eighteen inches of such requirement.

      (3)   Upon appeal by the property owner from the provisions of Chapter 770 relating to any dimensional limitation (i.e. linear, square footage, percent of an area, etc.), a variance may be granted but shall not exceed fifteen percent of such dimensional limitation. Furthermore, in variance appeals from the provisions of Chapter 770 that present conflicts, whichever restriction(s) are more restrictive or impose higher standards shall govern.

   (b)   Upon appeal from a decision of the Zoning Administrator denying an application for a building permit or certificate of occupancy, the Board of Appeals may vary or adapt the strict application of any of the requirements of this Code in the case of exceptionally irregular, narrow, shallow or steep lots, riparian and/or wetland area function, or other exceptional physical conditions, when strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other cases. Loss of profit and financial difficulties are not hardships. No variance shall be granted by the Board of Appeals unless it finds:

      (1)   That there are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to such land or building and not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this Code would deprive the applicant of the reasonable use of such land or building.

      (2)   That, for reasons fully set forth in the findings of the Board of Appeals, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board of Appeals is the minimum variance that will accomplish this purpose.

      (3)   That the granting of the variance will be in harmony with the general purpose and intent of this Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

         In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.

   (c)   Upon appeal from a decision of the Zoning Administrator denying an application for a building permit or certificate of occupancy, the Board of Appeals may vary or adapt the strict application of Chapter 780 when strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other cases. Loss of profit and financial difficulties are not hardships.

      (1)   In making a variance determination, the Board of Appeals shall consider the following:

         A.   Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied. The structure's overall footprint shall not exceed what would be permitted on the property if the riparian and wetlands setback were not in effect.

         B.   Variances should not be granted for asphalt or concrete paving in the riparian and wetland setbacks in any situation where gravel or porous pavement (i.e., porous pavers, and similar products) in accordance with Building Code.

      (2)   In making a variance determination, the City of South Euclid may consider the following:

         A.   The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the City of South Euclid's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.

         B.   The extent to which the requested variance impairs the flood control, soil erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data and written approval of such determination from the City Engineer or designee.

         C.   The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.

         D.   Soil disturbing activities permitted in a riparian and/or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize soil erosion and maximize sediment control.

         E.   The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian setback areas compromises their benefits to the City of South Euclid.

         F.   A reduction in storm water infiltration into the soil in wetland areas will occur.

         G.   A requested above ground fence does not increase the existing area of mowed grass or lawn.

         H.   Modifying parking requirements before varying the riparian setback.

         I.   Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback.

         J.   In the case of a lot made unbuildable by Chapter 780, consider the minimum variance needed to make it buildable for an appropriately sized and compatibly designed structure, while following the guidance provided in this section.

         K.   Whether the variance will increase the likelihood for flood or erosion damage to either the applicant's property or to other properties.

         L.   Culvert of watercourses should be avoided.

         M.   Whether the variance will result in the need for artificial slope or bank stabilization measures that could interfere with the function of the riparian zone.

      (3)   When a variance is granted that results in a loss of riparian or wetland function, that loss must be mitigated according to the following:

         A.   If the loss will result in increased flooding, stream bank erosion, or in-stream sedimentation, the loss shall be mitigated at the site or upstream of the site in the same watershed.

         B.   If biological functions are the only loss, mitigation will occur upstream whenever feasible; if not, a downstream site will be sought. If no suitable mitigation sites can be found on the affected stream, a site located anywhere in the Community shall be selected.

         C.   All wetland losses must be mitigated upstream of the disturbed location.

         D.   Mitigation of riparian and wetland setback losses shall consist of a minimum of 150% of the area disturbed by the variance granted.

         E.   Mitigation of actual wetland losses shall be at the rate of 150% of the area lost by the variance granted.

         F.   Mitigation of wetland setback losses can occur at any previously impacted site in the community or in an upstream tributary area outside of the community.

         G.   Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that identifies all requested losses, an evaluation of mitigation needs, and documentation of the planned mitigation to offset the losses; this statement will be submitted to Ohio EPA as part of the Community's Annual Storm Water Program Report.

         H.   Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that legally binds the applicant to complete, at his or her personal expense, any future mitigation, and to pay any penalties or fines that may be assessed or assigned to the community by any regulatory authority relative to the granting of any of the applicant's requested variances under this section.

         I.   Completion of all mitigation projects resulting from the granting of variances under this section shall be completed before any construction or maintenance guarantee for the project can be released.

   (d)   The Board of Appeals shall not have jurisdiction to hear an appeal or grant a variance in the following cases:

      (1)   From the uses specifically permitted in each zoning district except as may be provided in this Title;

      (2)   From the decision of the Planning Commission or Council regarding any conditional use;

      (3)   From the decision regarding a subdivision or application for a subdivision unless the Planning Commission grants permission for the applicant to submit a request for a variance to the Board of Appeals after the Planning Commission makes its recommendation;

      (4)   From the decision regarding a conditional use or application for a conditional use unless the Planning Commission grants permission for the applicant to submit a request for a variance to the Board of Appeals after the Planning Commission makes a recommendation and before Council takes action;

      (5)   From any decision of the Architectural Review Board, as provided for in this Code.

   (e)   The Board of Appeals shall not take any action which would effect a change in any district boundary.

   (f)   The Board of Appeals shall hold public hearings in accordance with the provisions of this Title.

   (g)   (1)   A quorum shall consist of three members, and the concurring vote of three members of the Board of Appeals shall be necessary to decide any appeal or grant any variance. If the Board of Appeals shall fail to take action within 45 days after completion of the hearing, the determination of the Zoning Administrator shall be final and the appeal or variance denied.

      (2)   A member of the Board of Appeals shall not be qualified to vote if he or she has a direct or indirect interest in the issue appealed or the variance being considered.

   (h)   The Board of Appeals shall subpoena and require the attendance of witnesses at meetings or hearings, administer oaths, compel testimony and produce reports, findings and other evidence pertinent to any issue before the Board of Appeals.

(Ord. 9-01. Passed 5-14-01; Ord. 49-03. Passed 9-22-03; Ord. 72-06. Passed 6-11-07; Ord. 41-07. Passed 6-9-08; Ord. 01-17. Passed 12-27-18.)

   The Mayor shall annually appoint the Chairperson of the Zoning and Building Standards Board of Appeals. Such appointment shall be made at the first regular meeting of the Board in each year.

   (a)   In keeping with its general policy of encouraging the best possible development of the City, the Council feels that it is essential to the economic soundness and welfare of the City that the attractiveness of all areas be enhanced and protected. The economic and social welfare of the City requires reasonable controls over the character, design, placement and relationship of buildings and structures, and over the orderly and harmonious development of all areas. Therefore, it is declared to be the policy of the City that reasonable control over the character and design of buildings and structures is essential for the protection of the public health, safety, comfort, prosperity and general welfare.

   (b)   The Architectural Review Board shall have the following specific powers and duties:

      (1)   Review, report and make findings for any building permit application which propose to construct, develop, cause to be occupied, move, or alter any structure within the City and approve, disapprove or approve with modifications, such plans in accordance with the standards set forth in Section 762.12.

      (2)   Provide a detailed report on all proceedings and submit a copy of its findings to the Zoning Administrator.

   (c)   The Mayor shall appoint Architectural Review Board members for staggered terms of six years. One member shall be an AIA certified architect; the second and third members shall be a ASLA certified landscape architect, architect, registered engineer or a person skilled in the general field of aesthetics and design; and the fourth shall be a duly qualified elector of the City. There shall be a Chairman of the Board appointed by the Mayor from the four Board members.

   (d)   The Zoning Administrator shall determine the schedule of public meetings (so that applications can be processed expeditiously) at which the Architectural Review Board shall participate.

   (e)   No person appointed to the Architectural Review Board shall participate in. the review of, or give advice upon, any work in which he or she, or his or her, partners or professional associate(s), have any direct or indirect interest.

   (f)   No application for a building permit or certificate of occupancy which proposes to construct, develop, cause to be occupied, move, or alter any structure within the City shall be approved and issued by the Zoning Administrator unless it is first approved by the Architectural Review Board in accordance with the procedures set forth in Sections 762.01 and 762.02.

(Ord. 73-00. Passed 5-14-01; Ord. 01-17. Passed 12-27-18; Ord. 14-23. Passed 12-11-23.)

      (1)   "Building change" means any alteration, facade change, demolition, removal, or construction to a designated landmark structure including such structures located within a landmark district.

      (2)   "Construction" means the erection of new structures in landmark districts or on the site of a designated landmark structure or an addition to an existing landmark structure.

      (3)   "Demolition" means the partial or complete removal or destruction of any designated landmark structure or any structure which is located within a landmark district.

      (4)   "Environmental change" means any change to the site surrounding a designated landmark structure or within a landmark district, including, but not limited to, fences, signage, parking areas, site lighting, pedestrian access, site access, special site features, and major landscaping.

      (5)   "Facade change" means any alteration to the aesthetic design, building material, or color change to the external architecture features of any designated landmark structure or any structure located within a landmark district.

      (6)   "Landmark District" means any area that contains structures which:

         A.   Have historic significance;

         B.   Represent one or more periods or styles of architecture typical of one or more eras in the City's history, or represent an assemblage of structures important to the City's history;

         C.   Cause such area, by reason of such factors, to constitute an identifiable area; and

         D.   Have been designated as a "Landmark District" pursuant to this section's provisions.

      (7)   "Rehabilitation" means the process of restoring and returning a property to a state of utility, through repair or alteration or construction, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

      (8)   "Removal" means the deletion of any exterior architectural feature from a designated landmark structure or from any structure which is located within a Landmark District.

      (1)   To safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, or architectural history;

      (2)   To stabilize and improve property values;

      (3)   To protect and enhance the City's attraction to residents, tourists, and visitors, and serve as a support and stimulus to business;

      (4)   To enhance the visual and aesthetic character, diversity, and interest of the City;

      (5)   To foster civic pride in the beauty and notable accomplishments of the past;

      (6)   To promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City;

      (7)   To strengthen the economy of the City;

      (8)   To take whatever steps as may be necessary to safeguard the property rights of the owners whose property is declared to be a landmark or is located in an area designated as a Landmark District.

      (1)   The first meeting of the year for the Landmark Commission shall be the organizational meeting. At this meeting, the Commission will elect one of its members to serve as Chair of the Commission for that upcoming year.

      (2)   The Mayor shall appoint a City employee to serve as Secretary of the Commission. The Secretary shall keep, or cause to be kept, a complete record of all meetings of the Commission and a detailed record of transactions dealt with by the Commission. In addition, the Secretary shall perform such other functions as the Commission may direct. Said individual shall be paid the same compensation as the Secretary for the City Planning Commission, as defined in the City of South Euclid Salary Ordinance.

      (1)   The Landmark Commission may designate a place, building, structure, work of art, or similar object in the City as a landmark or Landmark District. The Commission, on its own initiative, or any owner of property, may apply to the Commission, on forms provided by the City, for designation of property owned by him or her as a landmark. In determining whether to designate such place, building, work of art, or object as a landmark, the Commission shall consider the following criteria with respect to such property:

         A.   Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of South Euclid, State of Ohio, or the United States.

         B.   Its location as a site of a significant historic event.

         C.   Its identification with a person or persons who significantly contributed to the culture and development of the City.

         D.   Its exemplification of the cultural, economic, social, or historic heritage of the City.

         E.   Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.

         F.   Its embodiment of a distinguishing characteristic of an architectural type or specimen.

         G.   Its identification as the work of an architect or master builder whose individual work has influenced the development of the City.

         H.   Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation.

         I.   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural, or architectural motif.

         J.   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the City.

         K.   Such other individual characteristics as shall be relevant to its designation as a landmark.

      (2)   The Commission shall propose designations of any area, place, building, structure, work of art, or similar object in the City as a landmark or Landmark District, and thereupon take the following actions:

         A.   The Commission shall notify the owner of such property of the proposed designation. Whenever possible, the Commission shall secure the owner's written consent for submittal of the proposed designation, together with its findings of fact to be shared with the City Planning Commission.

         B.   The Commission shall advise the City Planning Commission of the proposed designation and request from the City Planning Commission its recommendation with respect to the proposed designations, its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendations as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection, or modification of the proposed designation. Such recommendation shall become part of the official record concerning the proposed designation. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation of the Planning Commission.

         C.   Following review by the City Planning Commission, the Landmarks Commission shall schedule a public hearing on the question of the proposed designation, setting forth a date, time, and place, and causing written notice to be given to the property owner or any person having a legal or equitable interest in such property being proposed for designation. The Commission shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property involved, and the date, time, and place of the scheduled public hearing. The Secretary shall cause notice to be sent via U.S. Mail to all property owners within 250 feet of the subject property, setting forth the nature of the hearing, the property involved, and the date, time, and place of the scheduled public hearing. The Secretary shall also notify all members of City Council, the Planning Commission, the Architectural Review Board, and the Board of Zoning Appeals of said hearing through the preferred form of communication of reaching those individuals.

         D.   The Commission shall conduct the public hearing as provided by subsection (h)(2)B. hereof and shall provide a reasonable opportunity for all interested parties to express their opinions under such rules as the Commission may adopt for the purpose of governing the proceedings of the hearings. Each speaker shall be fully identified as to name, address, and the interests which he/she represents. The Commission shall make a determination with respect to the proposed designation in writing within thirty days of the hearing date and shall notify any owner or any person having a legal or equitable interest in such property, as well as such other interested parties as may request a copy thereof. The Commission shall set forth its findings of fact which constitute the basis for its decision.

         E.   Should the property owner or any person having a legal or equitable interest in such property refuse to accept the designation, as issued by the Commission, he/she must file an appeal with the Board of Zoning Appeals (BZA) within sixty days of the designation being issued. The appeal shall be heard in accordance with Section 761.04 of the City of South Euclid, Ohio Codified Ordinances.

         F.   As soon as is reasonably possible, the Commission shall notify the City Building Department of the official designation. The Commission shall also file with the Cuyahoga County Recorder and the Cuyahoga County Fiscal Officer a certified copy of the designation order together with a notice briefly stating the fact of such designation and a summary of the effects the designation shall have. The Commission, further, shall send by registered mail a certified copy of such order and a copy of the notice hereinabove described to the owner and any person having a legal or equitable interest in such property.

      (1)   The Landmark Commission shall maintain complete records of all properties designated as landmarks in a book kept for records in the office of the Building Department.

      (2)   The Commission may place or cause to be placed on such landmark properties a designation that such property or part thereof has been designated a landmark in the City.

      (1)   Any application to the Building Department for a building permit for a building change, facade change, environmental change or rehabilitation shall be forwarded to the Commission, together with copies of all detailed plans, designs, elevations, specifications and documents relating thereto, within seven days after receipt thereof. An application may be filed by the applicant directly with the Commission at the same time an application for a building permit is filed or in lieu of filing for a building permit, if no building permit is required for the proposed building or environmental change or rehabilitation.

      (2)   If the Commission finds that the building, facade or environmental change or rehabilitation proposed by the applicant:

         A.   Shall not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this section and the "Standards for Rehabilitation" adopted by the U.S. Secretary of the Interior, as found in Title 36 of the Code of Federal Regulations, Part 1208; or

         B.   Shall remedy conditions imminently dangerous to life, health, or property, as determined in writing by the Building Commissioner, or the Fire Inspector, then the Commission shall grant permission.

      (3)   If the Commission finds that the building, facade or environmental change or rehabilitation proposed by the applicant shall adversely affect any significant historical or aesthetic feature of the property or is inappropriate or inconsistent with the spirit and purposes of this section, the Commission shall disapprove the application and so advise the applicant and the Building Department in writing within sixty days after receiving the application.

      (4)   If it disapproves the application, the Commission shall have the power to impose and enforce a waiting period of six months from the date of its notice of disapproval, during which period the Commission shall conduct negotiations with the applicant and any other party in an effort to find a means of preserving the property as follows:

         A.   With respect to an application involving the proposed building, facade or environmental change or rehabilitation, the Commission and the applicant shall work together during such period to find a mutually agreeable method of completing the proposed aforementioned project.

         B.   With respect to an application involving a demolition, removal, or construction, the Commission may in its discretion extend the original waiting period of six months to one year. During such period and any extension thereof, the Commission and the applicant shall undertake meaningful and continuing discussions for the purpose of finding a method of saving such landmark. The Commission shall also investigate the feasibility of all available ways and means of preserving the landmark, including without limitation, inducing by contract or other consideration the creation of covenants restricting the use of the property, leasing and subleasing the property for the purposes of preservation, and acquiring by eminent domain or contract or conveyance all or any part of or interest in the property. If the Commission and the applicant do not agree on a means of preserving the landmark within the waiting period or any extensions thereof, the Commission upon expiration of such period or extension thereof shall grant permission with respect to the proposed environmental or building change or rehabilitation.

      (5)   Upon granting permission, the Commission shall give written notice to the applicant and the Building Department.

      (6)   If no action has been taken by the Commission on an application within sixty days after such application has been received by the Commission, application shall be deemed granted.

      (7)   Nothing herein contained shall obviate compliance by the owner of such property with all other applicable ordinances, rules, and regulations of the City, particularly Chapter 1333 and 1334 pertaining to the demolition or removal of residential and commercial structures.

      (1)   The Commission shall conduct a continuing survey of all areas, places, buildings, structures, works of art, or similar objects in the City which the Commission, on the information available or presented to it, has reason to believe are or will be eligible for designation as landmarks.

      (2)   The Commission shall work for the continuing education of the residents of the City with respect to the historical and architectural heritage of the City and the landmarks designated under the provisions of this section. It shall keep current and public a register of landmarks.

      (3)   The Commission shall have authority to establish rules and regulations consistent with the provisions of this section and the spirit of its purpose to assist the Commission in evaluating applications for landmark designations submitted to it, the manner in which such applications are processed, and the proper and orderly conduct of its business.

      (4)   The Commission shall act as a liaison on behalf of the City to individuals and organizations concerned with historic preservation.

      (5)   The Commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties; provided that no General Fund moneys are used for such services, except as may be appropriated by Council.

(Ord. 04-20. Passed 1-25-21.)

   (a)   No excavation or site improvements shall be started, nor shall any building or structure be erected, altered or moved, until a building permit therefor has been applied for and received by the owner of the premises or a person legally acting under written authority of such owner, and issued by the Zoning Administrator. No permit shall be issued until:

      (1)   The work described in the application clearly complies with all provisions of this Planning and Zoning Code and other applicable laws and regulations. The Zoning Administrator shall have no power to grant variances or exceptions to this Code.

      (2)   The Zoning Administrator has approved the application for the permit. Such approval shall be granted only when:

         A.   The Zoning Administrator finds that all applicable requirements and standards of this Code have been complied with;

         B.   The Planning Commission has approved the proposed development as a conditional use in accordance with the procedures described in this Title; or

         C.   The application has been submitted to and approved by the Zoning and Building Standards Board of Appeals in accordance with the limitations, procedures and requirements of this Title.

      (3)   The City Architect has approved all one-family and two-family detached residences and improvements pertinent thereto in accordance with the standards and procedures of this Code.

      (4)   The Architectural Review Board has approved the application for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in accordance with the standards and procedures of this Code.

   (b)   (EDITOR'S NOTE: Division (b) was repealed by Ordinance 08-03, passed June 9, 2003.)

   (c)   The Zoning Administrator shall provide written forms in quadruplicate upon which all applications for a building permit shall be made. No application for a building permit shall be accepted unless it is accompanied by three sets of the following drawings and information:

      (1)   A plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located.

      (2)   A site plan, drawn to scale, showing the location of proposed and existing buildings, driveways, parking areas, walks and landscaping, proposed finished grades and the dimensions of the aforesaid features, and the location, dimensions and use of all buildings on adjacent lots within fifty feet from the lot lines thereof.

      (3)   City Architectural plans and elevations of the proposed building, structure or use, including signs and screen walls, drawn to scale and properly dimensioned, showing all architectural features and indicating exterior finishes, materials and colors to be utilized.

      (4)   Such other drawings and information as may be required by the Zoning Administrator, the City Architect or the Architectural Review Board.

   (d)   Each application for a building permit shall be accompanied by a fee as established by Chapter 765.

   (e)   The Zoning Administrator shall submit copies of each building permit application and accompanying drawings and information, within five days of the date of acceptance of the application, to the City Architect or the Architectural Review Board, as provided for in this chapter.

   (f)   The City Architect shall submit his or her findings for all one-family and two-family detached residences and improvements pertinent thereto in writing to the Zoning Administrator within the time limit provided in Section 762.03(f), unless the City Architect finds that a conditional use approval is required, in which case the provisions of Section 762.05 shall apply, and the City Architect shall so notify the Zoning

Administrator. If the City Architect fails to submit findings within such time limit, the Zoning Administrator shall record that the City Architect has approved such application.

   (g)   The Architectural Review Board shall submit its findings for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in writing to the Zoning Administrator within the time limit provided in Section 762.12(e). If the Architectural Review Board finds that a conditional use approval is required, the provisions of Section 762.05 shall apply, and the Architectural Review Board shall so notify the Zoning Administrator. If the Architectural Review Board fails to submit findings within such time limit, the Zoning Administrator shall record that the Architectural Review Board has approved such application.

   (h)   The Zoning Administrator shall review all applications for a building permit for compliance with this Code and other applicable laws and regulations and record the findings of the City Architect. The Zoning Administrator shall appropriately notify the applicant in writing within seventy-five days of the date of the application. Copies of such notification shall also be submitted to the City Council, the Planning Commission, the City Architect and the Architectural Review Board.

   (i)   No building permit shall be transferable.

   (j)   A building permit shall become null and void under any of the following circumstances:

      (1)   If construction, alteration, excavation or development of the proposed building, structure or use has not been initiated within one year of the date of approval of such permit.

      (2)   If, after construction has commenced, the Zoning Administrator finds that reasonable progress has not been made toward completion of the required work for a period of six months. After six months, a vote of City Council can authorize the building to be demolished and the site returned to a clean and usable condition. The cost of demolition shall be billed to the owner. This period may be extended by the Zoning Administrator if it is found that extraordinary circumstances exist beyond the control of the applicant.

      (3)   If any violation, alteration or change in the terms, documents, conditions and requirements of approval for such permit is found.

      (4)   If any error in the interpretation or application of this Code or any other applicable law or regulation is found.

      (5)   If any misstatement of a material fact or any fraudulent claim is found in the application or subsequent proceedings.

      (6)   If it is declared to be a public nuisance.

   The Zoning Administrator shall notify the applicant in writing if a building permit is found to be null and void, stating the reasons for such action, and issue a written order to the applicant to stop construction

or use and to demolish such building or other structure. Copies of such notification and orders shall be submitted to the City Council, the Planning Commission, the Zoning Administrator, the City Architect and the Architectural Review Board.

(Ord. 73-00. Passed 5-14-01.)

   (a)   No land shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Zoning Administrator, stating that the building or proposed use thereof complies with the provisions of this Planning and Zoning Code and other applicable codes, and no nonconforming use shall hereafter be used, occupied, maintained, renewed, changed or extended unless a certificate of occupancy shall have been issued by the Zoning Administrator in conformity with the provisions of Title Five.

   (b)   The Zoning Administrator shall not issue any certificate of occupancy for all one-family and two-family detached residences and improvements pertinent thereto without the approval of the City Architect, or any planned use development, multi-family use, use in Commercial Districts and use in Manufacturing Districts without the approval of the Architectural Review Board, showing that all provisions of this Code have been complied with and that no term, condition or requirement of the building permit resulting from the application of any provision of this Code has been violated.

   (c)   A certificate of occupancy for a new building or for an altered existing building shall be applied for at the same time as the application for a building permit. Such certificate of occupancy shall only be issued after the erection or alteration of such building has been completed and found, by inspection, to be in conformity with the provisions of this Code and other applicable codes.

   Pending the issuance of a regular certificate of occupancy, a temporary certificate for partial occupancy of a building may be issued for a period not exceeding six months, during which time alterations are being made. A completion bond, the amount to be set by the Zoning Administrator, must be provided.

   It shall be the responsibility of the property owner or his or her agent to have property properly graded and seeded to insure that erosion and/or surface run-off will not occur onto contiguous property and to prevent the holding of water or growing of weeds which create health and sanitary problems Such grading and seeding shall be completed prior to the issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not to exceed six months for reasons of adverse climatic conditions.

   (d)   A certificate of occupancy shall be required for the use of or for a change in the use of a conforming building or land, and shall be issued when found by inspection to be in conformity with the provisions of this Code and other applicable codes.

   (e)   Upon application by the owner, the Zoning Administrator shall inspect a building or tract of land existing on the effective date of this Code and shall issue a certificate of occupancy therefor if the use of such building or land conforms to all the provisions of this Code.

(Ord. 73-00. Passed 5-14-01; Ord. 08-03. Passed 6-9-03.)

   (EDITOR’S NOTE: Section 762.03 was repealed by Ordinance No. 01-17, passed December 27, 2018.)

   (a)   An application for an appeal or variance, when permitted according to Section 761.04, shall be made to the Zoning Administrator in writing by the owner of the lot, parcel, building or structure in question, or his or her authorized agent, and shall be accompanied by all necessary documents, in accordance with the form provided by the Zoning Administrator, and the fee as established by Chapter 765.

   (b)   An application shall not be accepted, nor any appeal entertained, unless such application is made within twenty days of the formal action against which the appeal is being made.

   (c)   The Zoning Administrator shall submit the application for an appeal or variance to the Zoning and Building Standards Board of Appeals at its next meeting following acceptance of the application. The Zoning Administrator shall also prepare and submit a written report to the Board of Appeals of all investigations, facts and findings deemed by him or her to be pertinent to the case.

   (d)   Before making any decision on an appeal or variance, the Board of Appeals shall hold a public hearing. Such hearing shall be held within sixty days of acceptance of the application for the appeal or variance by the Zoning Administrator.

   (e)   The Board of Appeals shall fix the date for the public hearing. Notices of the time and place of such hearing shall be mailed by the Zoning Administrator to the appellant or applicant, to all Councilmen, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from current records of the County Auditor. The Zoning Administrator shall also cause notice of such hearing to be published once weekly for two successive weeks prior thereto in a newspaper of general circulation within the City of South Euclid.

   (f)   The Board of Appeals shall reach a decision on an appeal or variance request within forty-five days of the date of such hearing. The Zoning Administrator shall notify the applicant in writing of the decision of the Board of Appeals and shall maintain a detailed report of the proceedings and decisions of the Board of Appeals on each appeal or variance heard by the Board of Appeals. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and City Council.

   (g)   Within five days of the granting of an appeal or variance by the Board of Appeals, the Zoning Administrator shall approve the application for the building permit or certificate of occupancy in question in accordance with the terms of Sections 762.01 and 762.02. Any building permit or certificate of occupancy issued as a result of a decision of the Board of Appeals shall be subject to all other limitations and provisions of Sections 762.01 and 762.02.

The following graphic display of the Appeals and Variances Procedure provides a visual expression and is intended to aide in the interpretation of the regulation.

(Ord. 73-06. Passed 6-11-07.)

   (a)   Approval Required. When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use application shall be required and such application shall be submitted and reviewed according to the requirements in this section.

   (b)   Determination. Whenever an application for a building permit or certificate of occupancy is submitted, the Zoning Administrator shall determine if conditional use approval is required, based on conditional uses stated in Chapters 722 and 732.

      (1)   Upon such determination, the application for the building permit or certificate of occupancy shall not be processed by the Zoning Administrator until conditional use approval has been recommended by the Planning Commission in accordance with the provisions and requirements of this section and approved by a majority vote of the members elected to Council.

      (2)   The Zoning Administrator shall notify the applicant of such determination and shall indicate on the application for such building permit or certificate of occupancy that a conditional use application is required.

   (c)   Application Required. The applicant shall submit to the Zoning Inspector a conditional use application that shall include drawings and documents as may be deemed necessary by the Zoning Administrator and shall pay an additional fee as set forth in Chapter 765. The applicant shall submit the number of copies required, as determined by the Zoning Administrator. The Zoning Administrator may request any documentation determined essential for the evaluation of the proposed conditional use and its impacts on surrounding uses.

   (d)   Application Accepted. Within ten days after receiving an application for conditional use certificate, the Zoning Administrator shall review the submitted application for completeness.

      (1)   If the Zoning Administrator determines that the application does not include all the drawings and documents requested by the Zoning Administrator in division (c) of this section, the Zoning Administrator shall notify the applicant that the application is incomplete and shall identify the additional information needed.

      (2)   When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration by the Planning Commission and place it on the Planning Commission's agenda.

      (3)   The Zoning Administrator shall forward the application to the appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is accepted.

      (4)   The Zoning Administrator shall review the application for compliance with the Planning and Zoning Code and shall notify the applicant of any areas of noncompliance. At that time, the applicant shall have the right to:

         A.   Modify the application in a manner that corrects the noncompliance; or

         B.   Proceed with the application review process. The applicant shall be informed that the Planning Commission has the authority to either deny the application due to noncompliance or authorize the applicant to apply to the Board of Appeals for a variance.

      (5)   The Zoning Administrator shall prepare and submit a written report to the Planning Commission of all investigations, facts and findings deemed by him or her to be pertinent to the case.

      (6)   The Zoning Administrator shall transmit the application and all drawings to the Planning Commission at its next meeting.

   (e)   Public Hearing. Before making any recommendation to Council on any application for conditional use approval, the Planning Commission shall hold a public hearing.

      (1)   Such public hearing shall be held within 60 days of acceptance of the application by the Zoning Administrator. Where such proposed conditional use requires or includes a subdivision or re-subdivision of land, such public hearing shall be combined with the required public hearing for subdivision application.

      (2)   The Planning Commission shall fix the date for the public hearing. Notices of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from the current records of the County Recorder.

      (3)   The Zoning Administrator shall also cause notice of such public hearing to be published twice for two successive weeks prior thereto in a newspaper of general circulation within South Euclid.

   (f)   Planning Commission Review. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code. The Planning Commission may require the applicant to submit such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.

   (g)   Planning Commission Recommendation.

      (1)   Within 75 days of the completion of the public hearing, the Planning Commission shall recommend that Council approve, disapprove, or approve with modifications, the proposed conditional use.

         A.   If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with these regulations, the Planning Commission shall recommend approval of the conditional use. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.

         B.   If the proposed conditional use is determined by the Planning Commission to be appropriate and in substantial conformance with these regulations, the Planning Commission shall recommend approval of the conditional use, subject to approval of a variance from the Board of Appeals. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.

      (2)   Failure of the Planning Commission to act within 75 days of the completion of the public hearing on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.

      (3)   The Planning Commission's recommendation, along with the application, shall either be:

         A.   Transmitted to Council; or

         B.   Transmitted to the Board of Appeals when the applicant has been granted permission by the Planning Commission to seek a variance from the Board in accordance with division (h) below.

   (h)   Variances. A request for a variance from any requirement or condition imposed by these regulations and pertaining to an existing or proposed conditional use shall not be reviewed by the Board of Appeals unless the Planning Commission grants permission for the applicant to submit the variance request as part of the Planning Commission's review of a submitted conditional use application. The recommendation from the Board of Appeals on the request for variance, along with the recommendation from the Planning Commission on the conditional use shall be transmitted to City Council for their review of the conditional use application.

   (i)   Review and Action by City Council. City Council shall, within 120 days after receipt of the Planning Commission's recommendation regarding the conditional use, and recommendation of the Board of Appeals when applicable, approve, disapprove, or approve with modifications, the proposed conditional use. A majority vote of the members elected to Council shall be required.

      (1)   The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission, and Board of Appeals, when applicable. In doing so, Council shall rely on the record of the Planning Commission, and Board of Appeals when applicable.

      (2)   City Council may, but is not required to, hold a public hearing.

      (3)   Failure of the City Council to act within 120 days from the date the recommendation from the Planning Commission, and Board of Appeals on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application. In the event City Council conducts a public hearing, the 120-day period shall not include the time between the publishing the notice of the public hearing and the close of the public hearing.

      (4)   The Zoning Administrator shall notify the applicant in writing of the decision of Council and shall maintain a detailed report of the proceedings and decisions pertinent to the application. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and Council.

   (j)   Issuance of Permits/Certificates.

      (1)   Approval of the conditional use application shall remain valid for 12 months from the date of City Council approval, during which time the applicant shall submit an application for a building permit or certificate of occupancy in accordance with the provisions of Sections 762.01 and 762.02.

      (2)   Council's action and all conditions of approval of the conditional use shall be noted on all building permits and certificates of occupancy that pertain to such conditional use and which are subsequently issued and shall become part of the official terms, documents and conditions of these building permits and certificates of occupancy.

   (k)   Terms. Conditional use approval shall authorize a particular conditional use on the specific parcel for which it was approved. Conditional use approval granted pursuant to this chapter shall be valid only for the use and the operation of such use as specified on the certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code.

   (l)   Approval Requirements. The Planning Commission shall not recommend approval and Council shall not approve any application for a conditional use unless it is determined that the following conditions have been met:

      (1)   All standards, requirements, provisions and conditions set forth for such conditional uses in the district in which the building or other structure or tract of land is to be located have been satisfied and complied with.

      (2)   The location, design or operation of the use shall not generate or tend to generate any hazardous, unsightly, noxious or objectionable condition detrimental to the health, safety and general welfare of the community.

      (3)   All other specific conditions determined to be necessary and appropriate by the Planning Commission in advising Council on the application, to carry out the purpose of this Planning and Zoning Code and of the zoning district in which such use is to be located, have been met.

(Ord. 74-06. Passed 6-11-07.)

   The following general provisions apply to all subdivisions and resubdivisions of land within the corporate limits of South Euclid:

   (a)   Policy Guides. The regulations set forth in Sections 762.06, 762.07 and 762.08 are established to provide procedures by which the Zoning Administrator and Planning Commission shall administer these regulations in order to promote and protect the public health, safety, and general welfare and to ensure there is adequate and proper recording of all property and boundary lines to avoid boundary discrepancies in subsequent sales. The following policies provide overall guidelines for use in the review of subdivisions and are in addition to the more specific criteria set forth in Section 762.07 for minor subdivisions and resubdivisions, and Section 762.08 for major subdivisions.

      (1)   The currently adopted Comprehensive Plan is incorporated by reference herein and serves as the official policy statement of the City as to future development and redevelopment.

      (2)   Land to be subdivided should be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.

      (3)   Land should not be subdivided until adequate facilities and improvements exist or proper provision is made for such improvements as deemed necessary by the City Engineer.

      (4)   The existing and proposed improvements should conform and be properly related to the policies in all applicable plans and agreements adopted by the City, including but not limited to the Comprehensive Plan, infrastructure system, and the intent of this Planning and Zoning Code.

      (5)   Parcels should not be reduced to less than the minimum requirements established in the zoning regulations.

   (b)   Jurisdiction and Application.

      (1)   The rules and regulations contained herein shall apply to all subdivisions and re- subdivisions of land within the corporate limits of the City, including:

         A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership.

         B.   The improvement of one or more parcels of land for one or more structures and involving the opening, widening or extension of any street or streets.

         C.   The division or allocation of land as open spaces for common use by owners, occupants or leaseholders.

         D.   The establishment of easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

         E.   The re-subdivision of land which involves the modification or elimination of one or more existing property lines with no creation of additional parcels.

      (2)   No existing parcel or subdivision shall be modified except in accordance with these regulations and other applicable City codes.

   (c)   Plat Required. A plat shall be required for every subdivision and re-subdivision and all plats shall be reviewed by the Planning Commission.

   (d)   Approval Required.

      (1)   Prior to recording. No plat of any subdivision or re-subdivision shall be entitled to be recorded in the office of the County Recorder or have any validity until it has received final approval according to the procedures set forth in these Subdivision Regulations. Any plat that is recorded without prior City approval shall be considered invalid and the City Council may institute proceedings to have the plat stricken from the records of the County.

      (2)   Prior to sale of land. No owner or agent of the owner of any parcel subject to these regulations shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or use of, a plat of a subdivision or re-subdivision before such subdivision or re-subdivision is recorded according to the procedures set forth in these Subdivision Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer, or in other documents used in the process of selling or transferring, shall not exempt the transaction from these Subdivision Regulations.

      (3)   Prior to issuance of building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued until the following have been completed.

         A.   The subdivision or re-subdivision has been recorded according to the procedures set forth in these Subdivision Regulations.

         B.   The City Engineer states, in writing, that the improvements required by these Subdivision Regulations have been completed or their installation guaranteed.

      (4)   No building permit shall be issued for any unit served by a private street until the private street has been constructed and approved, so that all units to be served by the private street have access to a public street.

      (5)   Prior to dedication and acceptance of improvements. No street or other public improvement shall be accepted by the City until the subdivision plat is recorded.

(Ord. 75-06. Passed 6-11-07.)

   Review of a division of real property classified as a minor subdivision or re-subdivision shall comply with the following procedures:

   (a)   Review Required.

      (1)   Review of a minor subdivision shall be conducted when the proposed division of a parcel of land complies with all of the following conditions:

         A.   The proposed subdivision is located along an existing public street and involves no opening of any new street or the widening or extension of any existing street.

         B.   The proposed division of a parcel involves the creation of no more than five lots from the original tract.

         C.   The proposed subdivision does not involve the division of land as open spaces for common use by owners, occupants or leaseholders.

         D.   The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.

      (2)   Review of a re-subdivision, including lot line adjustments and lot consolidations, shall be conducted when the proposed re-subdivision complies with all of the following conditions:

         A.   The proposed re-subdivision is located along an existing public street and involves no opening, widening or extension of any street.

         B.   No additional parcels are being created.

         C.   The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.

   (b)   Pre-Application Conference. In order to help minimize development planning costs, avoid misinterpretation and ensure compliance with the requirements of these Regulations, all applicants for minor subdivision or re-subdivision are encouraged to request a pre-application conference with the Zoning Administrator. At that time the Zoning Administrator shall determine whether the approval process authorized by this section can and should be utilized. The Zoning Administrator may require the applicant to submit any additional information he or she deems relevant to the proposal including, but not limited to, a copy of the tax map showing the land being subdivided and all lots subdivided from the original tract.

   (c)   Contents of Application. After determination by the Zoning Administrator that the proposed subdivision or re-subdivision qualifies for review according to this section, applicants for minor subdivision or re-subdivision approval shall submit a formal application to the Zoning Administrator. Unless otherwise specified, all maps and plans shall be drawn at a scale of not less than 100 feet to an inch, and shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:

      (1)   A completed application form provided by the Zoning Department accompanied by the required fee.

      (2)   A map, consisting of a single or multiple sheets of the same size to contain the following information:

         A.   The location of the parcel or parcels to be subdivided or re-subdivided by block and lot numbers.

         B.   The property owner and the name, stamp and professional status of the designer of the subdivision or re-subdivision, who shall be a licensed land surveyor or engineer, and the parcel numbers and owners' names of property located adjacent to the parcel or parcels to be subdivided or re-subdivided.

         C.   The location of the following existing and proposed features, including those existing on lots adjacent to the parcel or parcels to be subdivided or re-subdivided.

            1.   Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that are new property lines shown as a solid line and clearly identified as a relocated or new property line.

            2.   Existing contours, with intervals of one foot, and indicating the boundaries of the parcels to be subdivided.

            3.   Dimensions of all existing and proposed property lines and area of the lots, before and after the subdivision or re-subdivision.

            4.   Location and floor area of all existing structures on the site, and dimensions of setbacks from existing and proposed property lines.

            5.   Location of all existing and proposed connections with existing water, sewer and other utility lines, and an indication of provision for and location of surface drainage facilities, if requested by the City Engineer.

            6.   Location, widths and purpose of all existing and proposed easements, parks and other public properties within the area to be subdivided. All areas proposed to be dedicated to public use shall be shown and so indicated, together with any conditions of such dedication.

            7.   Location and names of watercourses and other essential features.

            8.   Location, names and widths of existing adjacent street(s) and points of access from such street(s). If a lot does not front on a street, the manner in which access is provided shall be indicated.

            9.   The limits of FEMA-designated floodplains and floodways, where applicable.

            10.   Indication of the existing zoning classification of each parcel.

      (3)   An outline and description of the improvements to be provided and such preliminary drawings and information for said improvements as may be required by the City Engineer.

      (4)   A legal description, which shall be accompanied by a certified Title Search, and a map survey of the boundaries of the parcel or parcels to be subdivided, made and certified by a licensed land surveyor and prepared in accordance with the provisions of O.A.C. 4733-37-05 "Plat of Survey". The locations of all monuments shall be referenced to the nearest approved control point as directed by the City Engineer where and if such control points are in existence. In the absence of such a control point, the subdivider shall establish monuments for the subdivision to the satisfaction of the City Engineer.

      (5)   Required statement certifying ownership, in not less than 12 font size. All owners of parcels affected shall sign, and shall include their addresses:

   Certificate of Ownership.

I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the City of South Euclid, and that I freely adopt this plan of subdivision.

Date                                 Owner                                                                                            

      (6)   Any additional conditions as imposed by the Zoning Administrator.

   (d)   Determination of Completeness of Application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.

   (e)   Review of Application.

      (1)   The Zoning Administrator shall review the application for compliance with all applicable City Codes, and shall forward the application to the City Engineer for review and comment.

      (2)   The Zoning Administrator shall forward the complete application for a minor subdivision or re-subdivision and all comments from the City Engineer and Zoning Administrator to the Planning Commission for review at its next meeting.

      (3)   Applications shall be reviewed for compliance with the following:

         A.   Sewage and storm sewers, water mains and other utilities are adequately provided for each house or building, as determined by the City Engineer, and such provisions are consistent with current standards and plans.

         B.   The design, shape and orientation of the proposed lots are appropriate to the proposed use permitted by the existing zoning.

         C.   The application complies with the relevant requirements of the South Euclid Planning and Zoning Code.

   (f)   Action on Application.

      (1)   The Planning Commission shall act on the application for a minor subdivision or re-subdivision by:

         A.   Approving the minor subdivision or re-subdivision as submitted;

         B.   Approving the minor subdivision or re-subdivision with modification(s) as agreed to by the applicant; or

         C.   Disapproving the minor subdivision or re-subdivision when the application does not demonstrate that the required standards and criteria have been met.

      (2)   In making a decision, the Planning Commission shall consider the comments from the Zoning Administrator and the City Engineer.

      (3)   The Planning Commission shall take action on the application within 45 days after the Planning Commission has received the completed application at its first meeting. If the Planning Commission fails to act within the 45 days, or an extended time as may be agreed upon by the applicant, the application shall be considered approved.

   (g)   Approval and Conveyance. In the event the application for a minor subdivision or re-subdivision is approved, all owners of the property(ies) being subdivided or re-subdivided, the Planning Commission Chair, and the City Engineer shall sign and date the plat.

   (h)   Recording. Once the plat is signed, the applicant shall record the plat with the Cuyahoga County Recorder. The subdivider is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Zoning Administrator with a copy of the recorded documents. The minor subdivision or re-subdivision shall not be considered final until these documents have been provided to the City. If such plat is not recorded within 180 days from the date of approval, such approval shall automatically become void.

(Ord. 76-06. Passed 6-11-07.)

   Review of a division of real property classified as a major subdivision shall comply with the following procedures:

   (a)   Review Required. Major subdivisions, as herein defined, shall be reviewed through submission of a sketch plan, a preliminary subdivision plat, construction drawings for improvements and a final subdivision plat.

      (1)   When a proposed subdivision requires or includes a conditional use, such review of the preliminary subdivision plat shall be combined with the review of the conditional use application.

      (2)   With respect to all plans, plats and other documents required for review according to these subdivision procedures, the applicant shall submit the number of copies in the format and medium required by the Zoning Administrator or City Engineer.

   (b)   Pre-Application Conference; Review of Sketch Plan. Prior to application for preliminary approval of any major subdivision, all applicants shall prepare a sketch plan and attend a pre-application conference with the Planning Commission.

      (1)   The sketch plan is intended to outline the basic scope, character and nature of the proposed project; enable the applicant to discuss the location of proposed streets, parks, open space and other planned improvements; familiarize the applicant with the Comprehensive Plan, the requirements of the Planning and Zoning Code and the drainage, sewerage and water systems for the City; and enable the applicant to obtain input from the Planning Commission in the formative stages of design.

      (2)   At the conference, the applicant shall present the following:

         A.   A location map drawn to a scale of approximately 400 feet to an inch and showing the general relationship of the proposed subdivision to the surrounding area, including major streets, schools, parks and other surrounding development which may be pertinent.

         B.   A sketch plan of the proposed subdivision drawn to a scale of approximately 100 feet to an inch and indicating the general layout of proposed streets and lots and the general location of existing utilities, buildings and other features affecting the development of the site. The sketch plan may be a freehand drawing, but shall be of sufficient accuracy to reveal the general intention of the subdivider.

      (3)   The Zoning Administrator or Planning Commission may require the applicant to submit any additional information deemed relevant to the proposal.

      (4)   No discussions, opinions, or suggestions provided on any aspect of the sketch plan shall bind the applicant, nor the City, nor be relied upon by the applicant to indicate subsequent approval or disapproval by the City.

   (c)   Preliminary Plat Review for Major Subdivisions. After determination by the Zoning Administrator that the proposed subdivision is a major subdivision subject to review according to this section, an application for preliminary plat review shall be submitted to the Zoning Administrator.

      (1)   Contents of application. Unless otherwise specified, all maps and plans shall be drawn at a scale of not less than 100 feet to an inch, and shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:

         A.   A completed application form provided by the Zoning Department accompanied by the required fee.

         B.   A map or maps, consisting of a single or multiple sheets of the same size, to contain the following information:

            1.   The subdivision name under which the proposed subdivision is to be recorded. The name of the proposed subdivision shall not duplicate or closely approximate the name of any other existing subdivision within the City.

            2.   The location of the parcel or parcels to be subdivided by block and lot numbers.

            3.   The names, addresses and signatures of all owners of the parcel or parcels to be subdivided, indicating the knowledge and consent of said owners to the proposed subdivision.

            4.   The name, stamp and professional status of the designer of the subdivision, who shall be a licensed land surveyor or engineer.

            5.   The parcel numbers, names and addresses of owners of property located within 200 feet of the parcel or parcels to be subdivided.

            6.   The location of the following existing and proposed features, including those existing on adjacent lots and located within 200 feet of the boundaries of the area to be subdivided.

               a.   Existing contours, with intervals of one foot where the slope is 10% or less and intervals of not less than two feet where the slope is greater than 10%.

               b.   The existing and proposed location, name and dimensions of streets and alleys, points of access from such street(s), location and dimensions of lots and building lines, the approximate area of each lot in square feet, and the proposed street centerlines. Proposed street names shall not duplicate or be confused with the names of existing streets in Cuyahoga County and which shall be subject to the approval of the Planning Commission, the Police Department, the Fire Department and the Post Office.

               c.   Location and floor area of all existing structures on the site, and dimensions of setbacks from existing and proposed property lines.

               d.   Location of all existing and proposed connections with existing water, sewer and other utility lines, and an indication of provision for and location of surface drainage facilities.

               e.   The location, invert elevation and size of existing sanitary storm sewers, water mains, culverts, street lights and other utilities and underground structures within the tract or immediately adjacent thereto.

               f.   Location, widths and purpose of all existing and proposed easements, parks and other public properties within the area to be subdivided. All areas proposed to be dedicated to public use shall be shown and so indicated, together with any conditions of such dedication.

               g.   Location and names of watercourses and other essential features.

               h.   The limits of any jurisdictional wetlands, as defined by 49 C.F.R. Section 404, shall be shown. Under separate cover a copy of the Delineation Report, accepted for use by the U.S. Army Corps of Engineers and the Ohio EPA, shall be submitted. Copies of all Section 404 permits and Ohio NPDES permits shall also be submitted.

               i.   The limits of FEMA-designated floodplains and floodways, where applicable.

               j.   Indication of the existing zoning classification of each parcel, and including a summary table of the lot and setback requirements for each zoning classification shown.

               k.   Statement of proposed use of lots, giving types and number of dwelling units if known.

               l.   Typical cross-sections of the proposed grading of the subdivided area.

         C.   An outline and description of the improvements to be provided and such preliminary drawings and information for said improvements as may be required by the City Engineer.

         D.   For applications that involve a PURD, an outline of the Association's by-laws or code of regulations, identifying the provisions that address the use and maintenance of, and construction within, the PURD.

         E.   A legal description, which shall be accompanied by a certified Title Search, and a map survey of the boundaries of the parcel or parcels to be subdivided, made and certified by a licensed land surveyor and prepared in accordance with the provisions of O.A.C. 4733-37-05 "Plat of Survey". The locations of all monuments shall be referenced to the nearest approved control point as directed by the City Engineer where and if such control points are in existence. In the absence of such a control point, the subdivider shall establish monuments for the subdivision to the satisfaction of the City Engineer.

         F.   Traffic Impact Study indicating the impact of future traffic on the existing and proposed street system, when required for the development as determined by the City Engineer.

         G.   If and when the subdivider holds undeveloped land adjacent to the proposed subdivision, or where such adjacent parcel does not front on any existing street, a sketch of a prospective future street layout for such adjacent parcel, which shall be shown on the same map as the proposed subdivision.

      (2)   Determination of completeness of application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.

      (3)   Administrative review. After determining that an application is complete, the Zoning Administrator shall forward the application to the City Engineer, other appropriate City Departments, and, if determined necessary, professional consultant(s), for their review and comment.

         A.   The preliminary plat and its supporting documentation shall be reviewed for compliance with the Comprehensive Plan, other adopted plans or studies and the requirements of all applicable City Codes.

         B.   During the course of its review, the applicant may meet with the Zoning Administrator and/or City Engineer to review the evaluation(s), and the applicant may revise the preliminary plat in response to staff's comments.

         C.   Any reports, comments, or expert opinions from the City Engineer, other City departments and professional consultants shall be submitted to the Zoning Administrator.

         D.   The Zoning Administrator shall compile all investigations, facts and findings in a written report, and shall submit the written report, the application and all drawings and information to the Planning Commission prior to its next meeting.

      (4)   Public hearing. Before making any decision on any application for approval of a preliminary plat, the Planning Commission shall hold a public hearing.

         A.   Such public hearing shall be held within 60 days of acceptance of the complete application by the Zoning Administrator. Where such proposed subdivision requires or includes a conditional use, such public hearing shall be combined with the required public hearing for the conditional use application.

         B.   The Planning Commission shall fix the date for the public hearing. Notices of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from the current records of the Recorder of Cuyahoga County. The Zoning Administrator shall also cause notice of such public hearing to be published once a week for two weeks prior thereto in a newspaper of general circulation within South Euclid.

      (5)   Planning Commission review of preliminary plat. In addition to conducting the public hearing, the Planning Commission shall review the preliminary plat application.

         A.   Review criteria. The Planning Commission shall not approve the preliminary plat application unless the applicant demonstrates:

            1.   The design and layout of the subdivision complies with the Planning and Zoning Code and other applicable City codes.

            2.   All standards, requirements, provisions and conditions set forth for subdivisions in the zoning district in which the subdivision or resubdivision is to be located have been satisfied and complied with.

            3.   All areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or that require special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions, or the area(s) have been protected through a conservation easement or other mechanism approved by the Planning Commission.

            4.   There is adequate provision for sufficient water supply and sewage disposal.

            5.   The developer has the financial ability to complete the proposed development.

            6.   The subdivider has incorporated in the proposed subdivision the recommendations described in the approved traffic impact study, when such study is required, that are determined necessary by the Planning Commission.

            7.   All other specific conditions deemed necessary and appropriate by the Planning Commission to carry out the purpose of this Code, and the purpose of the zoning district in which such subdivision is to be located, have been met.

         B.   The Planning Commission may require a reduction in the number of lots proposed in a subdivision when it is determined necessary in order for the preliminary plat to comply with the requirements of all applicable City Codes.

         C.   The Planning Commission shall take into consideration any submitted staff reports, their comments, and expert opinions when reviewing the application.

         D.   Prior to taking action on the preliminary plat, the Planning Commission shall require the subdivider to obtain the approval of any other City agency as it may deem necessary regarding various aspects of the proposed subdivision.

         E.   In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed subdivision, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.

      (6)   Action on the preliminary plat by the Planning Commission.

         A.   The Planning Commission shall act on the preliminary plat application by:

            1.   Approving the preliminary plat and its supporting documentation as submitted; or

            2.   Approving the preliminary plat and its supporting documentation with specific conditions set forth by the Planning Commission, and agreed to by the applicant, which were not included in the plan as submitted yet are determined necessary to further protect and improve the proposed and surrounding developments; or

            3.   Disapproving the preliminary plat.

         B.   Failure of the Planning Commission to act within 75 days of the completion of the public hearing on the preliminary plat, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.

         C.   The Zoning Administrator shall indicate the approval, conditional approval with a full statement of conditions, or disapproval with the reasons for disapproval, and the date of such action by the Planning Commission, in writing on the application and on the preliminary plat. The Zoning Administrator shall notify the applicant in writing of the decision of the Commission and shall maintain a detailed report of the proceedings and decisions pertinent to the application. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party and to the Mayor and Council.

      (7)   Approval of the preliminary plat. In the event the Planning Commission approves the preliminary plat with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary plat with the Zoning Administrator. No final plat application will be processed until the revised preliminary plat is submitted.

      (8)   Significance of approved preliminary plat.

         A.   Approval of the preliminary plat does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed with work on the final plat.

         B.   Receipt of notice from the Zoning Administrator of approval or conditional approval from the Planning Commission shall authorize the subdivider to proceed with the preparation of detailed plans and specifications for the improvements required in the subdivision regulations, and with the preparation of the final subdivision plat.

      (9)   Expiration of preliminary plat approval. Approval of the preliminary plat shall remain valid for 12 months from the date of Planning Commission approval unless an extension of time is granted by the Planning Commission within that 12-month period and such extension has been so noted on the preliminary plat by the Zoning Administrator.

   (d)   Review of Engineering Plans/Construction Drawings. Detailed plans and specifications for all improvements shall be submitted to the City Engineer for review.

      (1)   The following improvements shall be furnished and paid for by the subdivider:

         A.   Monuments, installed in compliance with Section 723.16.

         B.   Streets - grading and pavement with curbs;

         C.   Sidewalks;

         D.   Sanitary sewers;

         E.   Storm sewers and storm water management facilities;

         F.   Water distribution system as required by the Cleveland Water Division;

         G.   Street name signs;

         H.   Street trees;

         I.   Traffic signal installation and modifications to the existing streets to accommodate increased traffic flow;

         J.   Underground communication cables;

         K.   Underground distribution cables for power and street lighting from a common distribution system, and the equipment, housing and fixtures necessary in the operation of the distribution system.

      (2)   All of the above specified improvements shall be designed and drawn by a licensed engineer and shall be designed and installed in compliance with all standards, specifications and procedures established by the City Engineer, the Director of Service, the Director of Public Safety, the Planning Commission and the City Council.

      (3)   Review of the engineering plans and construction drawings shall occur simultaneously with or prior to the review of the final subdivision plat.

      (4)   Engineering plans and construction drawings shall show the exact location of all required improvements, including lot grading. The applicant shall include:

         A.   A construction cost estimate for the proposed improvements.

         B.   A written description of any engineering specifications for improvements from which the applicant requests a waiver.

         C.   A master grading plan showing the existing and proposed grading, with contours shown at not less than one-foot intervals. The proposed building footprint with finish floor, garage, and basement elevations shall be indicated on the plan. The plan shall be drawn at a scale not less than 1 inch = 30 feet.

      (5)   The City Engineer shall review the engineering plans and construction drawings.

         A.   In the event the applicant requests waiver from one or more engineering specifications, the City Engineer shall determine if such waiver(s) can be granted without impairing the intent of these regulations or the public good.

         B.   If the City Engineer determines the engineering plans and construction drawings comply with the City's construction and material specifications and any requested waivers can be granted without impairing the intent of these regulations or the public good, the City Engineer shall grant approval of the construction drawings.

      (6)   Upon approval of the engineering plans and construction drawings by the City Engineer, the subdivider may secure the necessary permits to proceed with construction of the required street, sanitary, water and drainage improvements.

   (e)   Final Plat Review for Major Subdivisions. Within one year of Planning Commission approval or conditional approval of a preliminary plat, the owner, subdivider or agent shall prepare for record purposes, and for dedication of streets and other public places, a final plat of the proposed subdivision.

      (1)   An application for final plat review shall be submitted to the Zoning Administrator. Such application shall be made at least 15 days prior to the next regularly scheduled meeting of the Planning Commission at which action is desired.

      (2)   Contents of application. Unless otherwise specified, all maps and plans shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:

         A.   A completed application form provided by the Zoning Department accompanied by the required fee.

         B.   Table of contents. Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).

         C.   Final plat, drawn at a scale of 50 feet or less to the inch from an accurate survey and on one or more sheets. The final plat shall include all information and data as required for approval of the preliminary plat as set forth in Section 762.08(c)(1)B, with all necessary dimensions shown, including the length of all lot and street lines, deflections, angles, radii, length of curves, tangent distances and tangent bearings for streets, and any necessary data for the location of any lot or street line in the field. All dimensions shall be shown in feet and decimals of feet. The final plat shall be prepared in accordance with the provisions of Ohio R.C. 4733-037.07 "Subdivision Plats", in a format acceptable to the Recorder of Cuyahoga County.

         D.   Statements whereby the subdivider certifies:

            1.   The accuracy of the subdivision,

            2.   That he or she causes the land to be platted;

            3.   That he or she dedicates to public use the streets, parks and other land indicated and described on the final plat as intended for public use, with appropriate space for signature of the subdivider and notary.

         E.   Construction plans for all improvements, site grading, and required development practices specified by City Code and certification from the City Engineer indicating that the required improvements have been completed in compliance with and to the satisfaction of the requirements of these regulations. For any improvement not so completed, there shall be submitted with the final plat a certificate of the City Law Director and the Director of Service as to the sufficiency of the performance bond offered in lieu thereof.

         F.   Certification of approval by the Ohio Public Health Department, as required by Ohio law.

         G.   Covenants, easements and restrictions.

            1.   The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions.

            2.   For projects that include any area for common use of or to be maintained by multiple property owners, the association's bylaws or code of regulations shall be submitted and shall include provisions establishing that such association is responsible for the maintenance and control of common areas.

      (3)   Determination of completeness of application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.

      (4)   Administrative review. After determining that an application is complete, the Zoning Administrator shall forward the application to the City Engineer, other appropriate City departments, and, if determined necessary, professional consultants, for review and comment.

         A.   The final plat shall be reviewed for compliance with the approved preliminary plat and the requirements of all applicable City Codes. The Zoning Administrator shall determine if the final plat conforms in all essential respects to the preliminary plat.

         B.   Any reports, comments, or expert opinions that the applicant or others believe are relevant shall be submitted to the Zoning Administrator.

         C.   The Zoning Administrator shall transmit the final plat, any comments, any other reports and accompanying documents to the Planning Commission.

      (5)   Planning Commission review of final plat. No final plat shall be approved unless the Planning Commission determines that:

         A.   All requirements of this section have been met.

         B.   The final plat is in conformance with the layout and design of the approved preliminary plat and all conditions and terms of such approval.

         C.   All other plans for the proposed development, including storm water management plan and landscaping and screening plans, have been approved.

         D.   For applications that involve a PURD, a copy of the property owners association's covenants and restrictions have been submitted and approved by the City Law Director, and reviewed by the Planning Commission to determine that they adequately address the use and maintenance of, and construction within, the PURD.

         E.   The engineering plans and construction drawings have been submitted to and granted approval by the City Engineer.

      (6)   Action on plat by Planning Commission.

         A.   The Planning Commission shall act on the final plat application by:

            1.   Approving the final plat as submitted; or

            2.   Approving the final plat with modification(s) as agreed to by the applicant; or

            3.   Disapproving the final plat when the application does not demonstrate that the required standards have been met.

         B.   If the Planning Commission fails to act within 75 days of the acceptance of a complete application for the final plat, such final plat shall be deemed approved.

         C.   Approval shall be noted on the plat by the signature of the Planning Commission Chairperson and the City Engineer. The Planning Commission shall retain one reproduction of the final plat, as approved, and transmit two reproductions to the Director of Service and the Zoning Administrator upon which shall appear the terms of any conditional approval. The original drawings shall be returned to the subdivider for filing.

      (7)   Effect of approval of final plat. Upon approval, the streets, highways, parks and drainage easements shown on the final plat of the subdivision become part of the official records of the City. However, such streets, highways, parks and drainage easements shall be deemed private until such time as the required improvements have been inspected, approved and certified by the City Engineer as complying with City standards and specifications.

   (f)   Recording. Once the plat is signed, the applicant shall record the original plat with the Cuyahoga County Recorder. The subdivider is responsible for paying the recording fee(s). Upon approval, the three reproductions of the original drawing become part of the records of the City of South Euclid and the County. If such plat is not recorded within 180 days from the date of approval, such approval shall automatically become void. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been granted by the Planning Commission. If such are made, the plat shall be considered null and void and shall be stricken from the records of the City and the County.

   (g)   Revisions to Covenants, Easements and Restrictions. In the event a property owners' association or similar legal entity amends those portions of their bylaws or code of regulations that pertain to maintenance obligations or access to common areas within a subdivision, such amendment shall be submitted to the City for review and approval. Failure to obtain approval of such amendment shall be deemed a violation of these Subdivision Regulations.

   (h)   Financial Guarantees and Completion of Improvements.

      (1)   Maintenance guarantee. Concurrently with the application for approval of the final plat, the developer shall execute and file with the City a maintenance bond.

         A.   Amount of bond. The maintenance bond shall be in an amount covering 100% of the cost of all complete improvements as set forth in the construction cost estimate submitted by the applicant, or as evidenced by proof of payment to the contractor.

         B.   The maintenance bond shall be retained for three years after the date of completion of the required improvements to ensure their satisfactory condition. No reimbursement for any improvement shall be made by the City or any district, department or authority therein.

      (2)   Performance guarantee. Concurrently with the application for approval of the final plat, the developer may execute and file with the City a performance bond, secured as hereinafter required, in lieu of actual installation or completion of required improvements.

         A.   Form of bond. The performance bonds shall be conditioned upon proper installation of all improvements required by the Codified Ordinances, according to the approved plans and specifications, within two years after approval of the final plat of subdivision, and shall provide that the City shall have the right, in the event of default, to install the required improvements, to proceed against the developer and against any surety on the bond for the cost thereof, and so apply to the cost of such improvements any funds deposited with the City or in escrow as security for the performance conditions of the bond. The bond shall further provide that the developer shall hold harmless the City, its officers and employees, from all claims and demands and causes of actions, of every nature and description, arising out of the installation of improvements within the developer's subdivision, conditions existing during the construction or installation of such improvements, and all damages to neighboring property owners resulting from the approval of the developer's subdivision and the installation of improvements therein, including without limitation damages resulting from increase in surface water flowing from the subdivision and all claims arising out of changes to natural ditches or watercourses. The terms "claims, demands and causes of action" shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to City employees while occupied in defense of such claims, demands and causes of action, and wages and salaries reimbursed by the City to City officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the City Law Director.

         B.   Security for bond. Performance bonds shall be secured, as follows:

            1.   By written guarantee of one or more surety companies authorized to conduct business within the State of Ohio. The form of guarantee shall be approved in writing by the City Law Director. The Law Director may reject a performance bond in the event that he or she reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the developer's obligations, taking into account outstanding liabilities and contingent liabilities of the surety company or companies; or

            2.   By deposit of cash, in the full face amount of the bond, with the City or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents of instruments governing the terms of such deposit shall be approved in writing by the Law Director.

         C.   Amount of bond. The amount of the performance bond shall be determined by the City Engineer, and shall be in the amount equal to the estimated total cost of labor and materials required by the Codified Ordinances, including the estimated cost of repairing or reconstructing improvements outside of the subdivision which may be damaged by construction activity, and the costs of construction inspection and all engineering fees and charged incurred during the monitoring of the performance of the construction of the improvements and the administration of City regulations pertaining thereto. The amount of a performance bond shall also include estimated damages, if any, to neighboring properties which are subject to the hold harmless provision contained in division (h)(2)A. of this section, and the estimated costs of defending against claims for any such damages.

         D.   Reduction of bond and return of surety. When the City Engineer has certified in writing that all subdivision improvements have been satisfactorily completed in accordance with the approved plans and specifications, the performance bond submitted by the developer shall be canceled and all funds deposited as security therefore shall be returned.

            1.   Upon written certification by the City Engineer that any portion of the improvements have, upon inspection, been found satisfactorily completed, the amount of the performance bond shall be reduced or partial withdrawal of funds deposited as security therefor shall be permitted, equal to the cost of such completed improvements, if in the opinion of the Engineer the remaining bond or security shall be fully sufficient, under all circumstances, to guarantee performance of the conditions of the bond.

            2.   In the event that the developer shall have been required to post a maintenance bond for the same subdivision, pursuant to these requirements, the City may retain as much of the funds posted as security for the developer's performance bond as may, in the judgment of the City Engineer, be necessary to provide adequate security for the performance of the developer's maintenance bond.

   (i)   Acceptance of Public Property and Improvements by Council.

      (1)   If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of the dedication of any public land before it is recorded.

      (2)   The acceptance of any street or utility for public use and maintenance shall be by separate ordinance of Council. The responsibility for maintenance and improvement of such facilities shall not rest with the City until such acceptance.

(Ord. 77-06. Passed 6-11-07.)

   The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.

   All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Zoning Administrator and the Law Director to determine compliance with the following standards:

   (a)   That such use is not listed in any other classification of permitted buildings or uses;

   (b)   That such use is more appropriate and conforms more to the basic characteristics of the classification to which it is to be added than to any other classification.

   (c)   That such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than that which normally results from other uses listed in the classification to which it is to be added; and

   (d)   That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.

   (a)   At any time after the adoption of this Planning and Zoning Code, should the City of South Euclid become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the Zoning Administrator of the provisions of this section and of the fact that his or her property constitutes a nonconforming use. Within sixty days after receipt of said notices, the owner shall apply for and be issued a nonconforming registration certificate for the nonconforming use. The application for such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be required for the issuance of the nonconforming registration certificate.

   (b)   If the owner of a nonconforming use fails to apply for a nonconforming registration certificate within sixty days after receipt of the foregoing notices, the use shall cease to be nonconforming and shall be deemed to be in violation of this Planning and Zoning Code. The Zoning Administrator shall take appropriate action to enjoin such violation.

   (c)   If the Zoning Administrator shall find, upon reviewing the application for a nonconforming registration certificate, that the existing use is illegal or in violation of any other ordinance or law, or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or this Planning and Zoning Code, he or she shall not issue the nonconforming registration certificate but shall declare such use in violation of this Planning and Zoning Code.

   (d)   The nonconforming registration certificate issued by the Zoning Administrator for a nonconforming use shall state that the use may be continued for a period of twelve months. The nonconforming registration certificate may be renewed.

   (e)   After the adoption of this Planning and Zoning Code, or of any amendment thereto, the Zoning Administrator shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures existing at the time of the enactment of this Planning and Zoning Code or any amendment thereto. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of the nonconforming use, plus any other information required under Section 751.01. Such record shall be available at all times in the office of the Zoning Administrator.

   All exceptions to and variances from the provisions of this Planning and Zoning Code and the Building Code of the City, granted by the Zoning and Building Standards Board of Appeals, shall be void after twelve months from the date of approval thereof, unless, in the case of new construction, work has been done above the foundation walls, and unless, in the case of occupancy of land or reconstruction or occupancy of buildings, the operation called for by the permit is well underway, in the judgment of the Zoning Administrator, by the end of such twelve-month period.

   (a)   Within five business days of acceptance of an application for a building permit which calls for new construction or construction that alters elevation wheresoever situated in the City, the Zoning Administrator shall submit to the Architectural Review Board one copy of all documents and drawings submitted with the application as required by Section 762.01.

   (b)   In making its decision, the Architectural Review Board shall consider the following:

      (1)   The overall exterior appearance of any proposed building or structure and all appurtenances (including signs);

      (2)   The height, bulk and scale of any proposed building or structure and all appurtenances (including signs) with respect to buildings or structures and all appurtenances (including signs) in the immediate area;

      (3)   The exterior materials, colors and textures of any proposed building or structure and all appurtenances (including signs) with respect to the compatibility of such materials, colors and textures to other buildings and structures and all appurtenances (including signs) within the immediate area;

      (4)   The arrangement and location of any proposed building, structure or use and all appurtenances (including signs) on the site, as well as their relationship to other buildings and structures and all appurtenances (including signs) within the immediate area;

      (5)   The character, appearance and scale of any proposed landscaping or plantings for decorative or screening purposes; and

      (6)   All other factors that affect the appearance of the site and the area.

      (7)   The Architectural Review Board may also propose and enforce design guidelines or standards that have been approved by resolution of Council.

   (c)   The Architectural Review Board shall endeavor to insure that the exterior appearance of all buildings, structures and all appurtenances (including signs) or uses will:

      (1)   Enhance the attractiveness and desirability of the area in keeping with its purpose and intent;

      (2)   Encourage the orderly and harmonious development of the area in keeping with its character;

      (3)   Improve residential amenities; and

      (4)   Enhance and protect the public and private investment and the value of all land and improvements within the area.

   (d)   The Architectural Review Board shall not attempt to prescribe the style of architecture as long as the architectural style and design under consideration meet the standard set forth above.

   (e)   The Architectural Review Board shall submit its findings to the Zoning Administrator, in writing, within thirty days of receipt of the application by the Zoning Administrator. No building permit shall be issued by the Building Commissioner on applications referred to the Architectural Review Board unless plans and specifications therefore have been approved by the Architectural Review Board. The Zoning Administrator shall record such findings.

(Ord. 73-00. Passed 5-14-01; Ord. 01-17. Passed 12-27-18.)

   Recognizing the dynamic character of an urban area, both the Zoning Map and the text of this Planning and Zoning Code may be amended periodically in order to keep it abreast of new zoning techniques; whenever a general hardship prevails throughout a given zoning district; whenever a change occurs in land use, transportation or sociological trends either within or surrounding the community; and whenever extensive developments are proposed.

   Review of a proposed zoning amendment shall assure that any changes made will adhere to the development plans and objectives of the City; will not be detrimental to adjacent property owners, structures or uses; and will maintain the health, safety, and general welfare of the community.

   The Planning Commission shall:

   (a)   Receive all requests for amendments to the Zoning Map and process the same according to the provisions of this Planning and Zoning Code, or pursuant to rules and regulations established by the Commission and not in conflict therewith. However, no action shall be taken on such requests, except for those requests originating as provided in divisions (a)(1), (a)(2), (a)(3) and (a)(4) hereof.

      (1)   An individual, partnership or corporation having legal title to property in the City, or a valid written option from the owner or owners to purchase the property concerned, may submit an application for an amendment to the Zoning Map on forms supplied by the Zoning Administrator. Such an application shall include a site plan, a statement indicating the purpose, objectives and reasons for the amendment, and a description of the property involved by the permanent parcel number. The Zoning Administrator, upon finding that the application is complete and all applicable fees have been paid, shall request the Director of Law to prepare proper legislation, and refer the legislation to Council. Council shall refer the proposed ordinance to the Commission for a public hearing on the proposed Zoning Map amendment, as herein provided, and an official recommendation. After the public hearing, the proposed ordinance, reports, and recommendations of the Commission shall be submitted to Council.

      (2)   An amendment to the Zoning Map may be initiated by the Commission by a resolution duly adopted, clearly and concisely setting forth, in writing, the proposed amendment, together with a statement of reasons for such change and a description of the property involved by permanent parcel number. Upon adoption of the resolution, the Director of Law, upon request, shall prepare proper legislation, and refer the legislation to Council. Council shall refer the proposed ordinance to the Commission for a public hearing on the proposed Zoning Map amendment, as herein provided, and an official recommendation. After the public hearing, the proposed ordinance, reports, and recommendations of the Commission shall be submitted to Council.

      (3)   An ordinance amending the Zoning Map may be requested by a member of Council, in which event, the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to the Commission for a public hearing as herein provided, and an official recommendation. After the public hearing, the proposed legislation, reports and recommendations of the Commission shall be submitted to Council.

      (4)   An ordinance amending the Zoning Map may be requested by the Administration, in which event, the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to Council. Council shall refer the proposed ordinance to the Commission for a public hearing as herein provided, and an official recommendation. After the public hearing, the proposed legislation, reports and recommendations of the Commission shall be submitted to Council.

   (b)   The Commission shall make an official recommendation on any proposed amendment to the Zoning Map relating to a change of zoning classification, whether initiated by or referred to it as provided for in divisions (a)(1), (a)(2), (a)(3) and (a)(4) hereof. Prior to making such recommendation, the Commission shall hold a public hearing on the proposed amendment and within 120 days thereafter of the closure of the public hearing, make its recommendation to Council. Unless such recommendation is made within such period of 120 days, it shall be considered to have been approved by the Commission.

      (1)   Notice of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any property deemed by the Zoning Administrator to be affected.

   (c)    Upon receipt of the Commission's recommendation or after 120 days have elapsed and no recommendation has been made by the Commission, Council shall hold a public hearing on all Zoning Map amendments or revisions, after giving thirty days notice thereof by publication in a newspaper of general circulation within the City, for two consecutive weeks. During the period of notice, any ordinance, maps, plans, reports of the Commission, and the recommendation of the Commission relating to changes in zoning classification, shall be on file for public examination in the office of the Clerk of Council.

   (d)   If a proposed amendment relating to changes in the Zoning Map classification is changed by Council, in substance, so as to deviate from the original proposal, then such amendment shall be referred back to the Commission and the same procedure shall apply thereto as applied to the original amending ordinance.

   (e)   Any proposed amending ordinance relating to Zoning Map classification, which ordinance is disapproved by the Commission, shall not be passed unless it receives the affirmative vote of three-fourths of the entire Council.

   (f)   Any proposed amending ordinance relating to Zoning Map classification, which ordinance has been defeated by a vote of Council, shall not be eligible for reconsideration for a period of one year after such final action by Council.

The following graphic display of the Zoning Map Amendment Procedure provides a visual expression and is intended to aide in the interpretation of the regulation.

(Ord. 52-06. Passed 12-11-06.)

   The Planning Commission shall:

   (a)   Receive all requests for amendments to the text of this Planning and Zoning Code and process the same according to the provisions of this Planning and Zoning Code, or pursuant to rules and regulations established by the Commission and not in conflict therewith. However, no action shall be taken on such requests, except for requests originating as provided in divisions (a)(1), (a)(2) and (a)(3) hereof.

      (1)   An amendment to the text of this Planning and Zoning Code may be initiated by the Commission by resolution duly adopted, clearly and concisely setting forth, in writing, the proposed amendment, together with a statement of reasons for such change. Upon adoption of the resolution, the Director of Law, upon request, shall prepare proper legislation to accomplish such amendment and refer the legislation to Council. Council shall refer the proposed ordinance to the Commission for an official recommendation. The proposed ordinance, reports and recommendations of the Commission shall be submitted to Council.

      (2)   An ordinance amending the text of this Planning and Zoning Code may be requested by a member of Council, in which event the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to the Commission for an official recommendation. The proposed ordinance, reports and recommendations of the Commission shall be submitted to Council.

      (3)   An ordinance amending the text of this Planning and Zoning Code may be requested by the Administration, in which event the Director of Law shall prepare legislation to accomplish such amendment. The proposed ordinance shall then be referred to Council. Council shall refer the proposed ordinance to the Commission for an official recommendation. The proposed ordinance, reports and recommendations of the Commission shall be submitted to Council.

   (b)   The Commission shall make an official recommendation on any proposed amendment to the text of this Planning and Zoning Code, whether initiated by or referred to as provided for in divisions (a)(1), (a)(2) and (a)(3) hereof. Prior to making such recommendation, the Commission may hold a public hearing on the proposed amendment and shall, within 120 days thereafter of the closure of the public hearing, make its recommendation to Council. Unless such recommendation is made within such period of 120 days, it shall be considered to have been approved by the Commission.

   (c)    Upon receipt of the Commission's recommendation or after 120 days have elapsed and no recommendation has been made by the Commission, Council shall hold a public hearing on all Planning and Zoning Code text amendments or revisions, after giving thirty days' notice thereof by publication in a newspaper of general circulation within the City, for two consecutive weeks. During the period of notice, any ordinance, maps, plans, reports of the Commission and the recommendation of the Commission shall be on file for public examination in the office of the Clerk of Council.

   (d)   If a proposed text amendment is changed by Council in substance so as to deviate from the original proposal, then such amendment shall be referred back to the Commission and the same procedure shall apply thereto as applied to the original amending ordinance.

   (e)   Any proposed amending ordinance relating to the text of this Planning and Zoning Code, which ordinance is disapproved by the Commission, shall not be passed unless it receives the affirmative vote of three-fourths of the entire Council.

The following graphic display of the Text Amendment Procedure provides a visual expression and is intended to aid in the interpretation of the regulation.

(Ord. 53-06. Passed 12-11-06.)

   (a)   Enforcement of the provisions of this Planning and Zoning Code shall be obtained by the following procedures:

      (1)   Inspection and order for removal of violations.

      (2)   Liability for failure to comply.

      (3)   Serving an injunction.

   (b)   All public officials of the City vested with the duty and authority to issue legal documents shall not issue permits or certificates for any building or use that would result in a conflict with any of the provisions of this Code. Should such a permit or certificate in conflict with the provisions of this Code be issued, it shall be deemed null and void.

   The Zoning Administrator is hereby authorized to inspect and examine any building, structure or premises, or any part thereof, and to issue a stop order for the purpose of correcting any condition found to exist in violation of any provision of this Planning and Zoning Code. After such an order is posted on the premises, no work, except to correct such violation, shall proceed on any building or tract of land included in the violation.

   (a)   Whoever violates any of the provisions or requirements of this Planning and Zoning Code or fails to comply herewith, or builds in violation of a detailed statement of plans submitted and approved hereunder, and the owner of any building, structure or tract of land, or part thereof, where anything in violation of this Code shall be placed or shall exist, and any architect, builder, contractor or other person who may be employed to assist in the commission of any such violation, shall, for each and every violation or noncompliance, be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   If any building or structure is being erected, constructed, altered, repaired or maintained in violation of the provisions of this Code, or there is an imminent threat of violation, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit for injunction to terminate or prevent such violation.

   The following fee schedule is adopted for applications, certificates and permits required in this Planning and Zoning Code. All fees shall be paid in full before any permit or certificate is issued and/or before any application is accepted and reviewed:

   (a)   Building permit - see Chapter 1305 of the Building Code

   (b)   Certificate of occupancy - $30.00

   (c)   Application for appeal - $100.00

   (d)   Application for conditional use - $100 00

   (e)   Application for nonconforming use registration certificate - $100.00

   (f)   Application for preliminary plat approval - $300.00

   (g)   Application for final plat approval - $100.00

   (h)   Application for text amendments - no fee

   (i)   Application for rezoning (Zoning Map change) - $700.00

(If such an application is initiated or requested other than by Council or the Planning Commission, it shall be accompanied by a deposit of seven hundred dollars ($700.00) to cover the cost of engineering and legal fees as well as fees of the Zoning and Building Standards Board of Appeals. Any additional costs beyond the deposit of seven hundred dollars ($700.00) shall be charged to and paid by the applicant, including advertising costs for public hearings by the Planning Commission.)

   (j)   Application or request for vacating of streets or parts thereof - $500.00

(If such an application or request is initiated other than by Council or the Planning Commission, it shall be accompanied by a deposit of five hundred dollars ($500.00) to cover the cost of engineering, preparation of the plat, filing fees and other expenses. Any additional cost shall be charged to the applicant. Any overage shall be returned to the party making the deposit.)

(Ord. 28-09. Passed 7-27-09.)