Streetsboro City Zoning Code
TITLE ONE
Zoning Administration
1101.01 TITLE.
Titles One, Three and Five of this Part Eleven - Planning and Zoning Code shall be known as the "Zoning Ordinance of the City of Streetsboro, Ohio" and is referred to herein as this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
1101.02 INTERPRETATION.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
(Ord. 1989-51. Passed 8-28-89.)
1101.03 CONFLICT.
Whenever the regulations of this Zoning Ordinance conflict with any other lawfully adopted rules, regulations or ordinances, private deed restrictions or private covenants, the more restrictive or that imposing the highest standards shall govern.
(Ord. 1989-51. Passed 8-28-89.)
1101.04 VALIDITY AND SEPARABILITY.
If any section, subsection or any provision or provisions of this Zoning Ordinance or amendments thereto, are held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance or amendments thereto.
(Ord. 1989-51. Passed 8-28-89.)
1101.05 REPEALER.
All existing ordinances of Streetsboro, Ohio pertaining to zoning, inconsistent herewith, are hereby repealed.
(Ord. 1989-51. Passed 8-28-89.)
1101.06 EFFECTIVE DATE.
This Zoning Ordinance shall take effect and be in force from and after the earliest date allowed by law. (Ord. 1989-51. Passed 8-28-89.)
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1103.01 GENERAL PROVISIONS.
For the purpose of this Zoning Ordinance, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; the plural number shall include the singular; the word "shall" is mandatory and not discretionary; the word "building" shall include the word "structure"; the word "used" shall include the words "arranged, designed, constructed, altered, converted or intended to be used" and a "person" shall mean in addition to an individual, a firm, corporation, association, or any legal entity which may own and/or use land or buildings.
(Ord. 1989-51. Passed 8-28-89.)
1103.02 SPECIFIC MEANINGS.
(a) As used in this Zoning Ordinance, certain terms are defined as follows:
(1) "Accessory building or use" means a subordinate building or use customarily incidental to, and located upon the same lot occupied by the main building or use, and intended for the exclusive use of the occupants of the main building or exclusive service to the principal use of the property. (Ord. 2024-20. Passed 1-22-24.)
(1.1) "Accessory dwelling unit" or "ADU" means a dwelling unit that a) is constructed over a garage, in a basement, or as an attached or detached addition to a single-family dwelling, b) has usable square footage not exceeding that of the principal dwelling, c) has no utility connections separate from the main dwelling, and d) is subject to title, contractual or regulatory restrictions preventing it from being bought, sold, or legally encumbered (e.g., mortgaged, leased, etc.) separately from the principal dwelling unit. (Ord. 2024-163. Passed 11-25-24.)
(2) "Adult bookstore" means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals, films, tapes and cassettes, which materials have as their major or dominant theme matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined hereafter.
(3) "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more of its total viewing time for the presentation of, or both, materials for observation by its patrons which have as their major or dominant theme matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined hereafter.
(4) "Agriculture" means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offals to swine and other animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land.
(5) "Alley" means a public thoroughfare which affords only a secondary means of access to a lot of abutting property.
(Ord. 1994-111. Passed 11-28-94.)
(5.1) “Animal, domestic” means any dog, cat, fish, amphibian, reptile or bird customarily kept by humans for companionship. Domestic animal shall not include any wild, exotic or dangerous animal or livestock.
(5.2) “Animal, wild, exotic, or dangerous” means any animal which is not commonly domesticated, or which is not native to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any other animal which, because of its size, growth propensity, vicious nature, or other characteristics, would constitute an unreasonable danger to human life, health, or property if not kept maintained, or confirmed in a safe and secure manner, including hybrids, and animals which, as a result of their nature or wild condition, cannot be vaccinated effectively for rabies. Those animals, however domesticated, shall include, but are not limited to:
A. Alligators and Crocodiles: Alligators and crocodiles;
B. Bears (Ursidae): All bears, including grizzly bears, brown bears, and black bears;
C. Cat Family (Felidae): All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats;
D. Dog Family (Canidae): All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, dingo, and part dingo;
E. Porcupines: Porcupine (Erethizontidae);
F. Primate (Hominidae): All subhuman primates;
G. Raccoon (Prosynnidae): All raccoons, including eastern raccoons, desert raccoons, and ring-tailed cats;
H. Skunks: Skunks;
I. Fish: Venomous fish and piranha;
J. Snakes or lizards; Venomous snakes or lizards; and
K. Weasels (Mustelidae): All, including weasels, martins, wolverines, ferrets, badgers, otters, ermine, mink, and mongoose, except that the possession of such animals shall not be prohibited when raised commercially for their pelts.
(Ord. 2014-35. Passed 4-28-14.)
(5.3) “Assisted living facility” means a residential care facility as defined in Ohio R.C. 3721.01(A)(7), that provides assisted living services as defined in OAC §173-39-02.16.
(Ord. 2018-108. Passed 9-10-18.)
(6) "Auto sales, new or new and used" means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted provided the inventory of used automobiles does not exceed fifty percent (50%) of the overall inventory at any one time. "Automobiles" include passenger vans and trucks not exceeding three-quarter ton capacity or its equivalent in gross weight.
(7) "Automobile wrecking yard" means the use of more than twenty-five square feet of any land, building or structure used for the purpose of wrecking, dismantling or storing, for private and/or commercial purposes, any discarded motor vehicle.
(8) "Awning" means any structure made of cloth or metal with a frame attached to a building and projecting over a sidewalk, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
(9) "Bar" and/or "cocktail lounge" means any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of such beverages comprises less than twenty-five percent (25%) of the gross receipts.
(10) "Basement" means a story having more than one-half of its height below average grade. A basement shall not be counted as a story for the purpose of height regulations. (Ord. 1985-5. Passed 1-28-85.)
(10.1) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(11) "Bedroom" means a room furnished with a bed and intended primarily for sleeping.
(12) (Repealed. Ord. No. 2024-20, passed 1-22-2024)
(13) "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
(14) "Building height" means the vertical distance from the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge of gable, hip or gambrel roof.
(15) "Building, principal" means the building on a lot used to accommodate the primary use to which the premises are devoted.
(16) "Canopy" means any structure, other than an awning made of cloth or metal with frames attached to a building, projecting over a sidewalk.
(17) "Carport" mean a covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all the provisions prescribed in these regulations for a private garage.
(18) "Centralized sewer system" means a system where individual lots are connected to a common sewerage system whether publicly or privately owned and operated.
(19) "Clinic" means any building or other structure devoted to the medical diagnosis, treatment and care of human outpatients.
(Ord. 1994-111. Passed 11-28-94.)
(19.1) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(Ord. 1998-16. Passed 1-26-98.)
(20) "Commission" means the Streetsboro Planning and Zoning Commission.
(21) "Condominium" means and includes the land together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R.C. Chapter 5311.
(22) "Contour" means the continuous line of the same elevation above mean sea level as determined by the United States Coast and Geodetic Survey.
(23) "Council" means the Council of the City of Streetsboro.
(24) "Court" means an open, unoccupied and unobstructed space other than a yard on the same lot with a building or group of buildings.
(Ord. 1985-5. Passed 1-28-85.)
(25) (EDITOR’S NOTE: Former subsection (a)(25) was repealed by Ordinance 2018-108, passed September 10, 2018.)
(26) "Density" means the number of dwelling units developed on a gross acre of land. (Ord. 1986-20. Passed 3-24-86.)
(27) "Discarded motor vehicle" means any inoperable motor-propelled vehicle or accessory to same, which is in the process of being wrecked, dismantled, or stored and which does not have a license thereon which is valid or was valid not more than thirty days previous.
(28) "District" means a section or sections of the City for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(29) "Drive-thru facilities" means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term "drive-thru" shall also include "drive-up" and "drive-in".
(30) "Dwelling" means any building or portion thereof which is designed or used primarily for residence purposes, including one-family, two-family and multi-family, but not including hotels, motels, boarding houses, lodging houses and tourist dwellings. An attached garage for purposes of determining the front, side and rear yards shall be considered a part of the dwelling.
(31) "Dwelling, single-family" means a dwelling designed for or used exclusively for residence purposes by one family.
(32) "Dwelling, two-family" means a building designed and used exclusively by two families living independently of each other.
(33) "Dwelling, multi-family" means a dwelling designed for or occupied by three or more families living independently of each other.
(34) "Dwelling, group" means a group of single-family, two-family or multi-family dwellings, or their combination located on one lot and around a common court or courts.
(35) "Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, physically separated and secured from adjacent dwelling units and having independent ingress and egress under the control of the occupants.
(Ord. 2024-20. Passed 1-22-24.)
(36) "Environmental assessment report" means a project review document to ensure major projects or programs undergo multidisciplinary and comprehensive environmental review prior to construction or implementation. The review shall include environmental, social and economic impacts of the project or program proposals as well as consideration of alternative proposals for accomplishing the project goals.
(37) "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments, or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories necessary for the furnishing of adequate service by such public utilities or Municipal departments or commissions or for the public health, safety or general welfare.
(38) "Factory-built structure" means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. A factory-built structure designed for long-term residential or commercial use, for the purposes of the Code. Factory-built structures consist of three types: manufactured, mobile and modular.
(39) "Family" means one or more persons related by birth, marriage or legal adoption occupying a dwelling unit and living as a single housekeeping unit, or not more than four unrelated persons occupying a dwelling unit and living as a single housekeeping unit.
(40) "Fence" means a barrier constructed so as to contain or enclose an area as a protective measure.
(41) "Flood plain" means that area defined by FEMA as the 100 year pool elevation as designated on the Zoning Map.
(42) "Floor area" means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings. Floor area for the purposes of these regulations, shall not include basement, garage elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
(43) "Frontage" means all the property on one side of a street adjacent to and contiguous with the line of a public right-of-way.
(44) "Garage, private" means an accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
(45) "Garage, auto service shop" means a building or portion of a building, in which repairs are made to motor vehicles, and in which there is no painting of cars or body and fender work done.
(46) "Garage, public" means a building, or portion of a building, in which more than four motor vehicles are, or are intended to be housed under arrangements made with patrons for renting or leasing such space and accommodations, and in which no repair work is carried on.
(47) "Gasoline service station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and may include facilities available for the sale of other retail products.
(48) "Grade, finished" means for buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street (or the elevation of the center line of the street where no sidewalk exists), for buildings having walls facing more than one side street, the average elevation of the sidewalk at the centers of all walls facing the street, for buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. (Any wall approximately parallel to a street line is to be considered as facing the street.)
(49) "Grade, natural" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(50) "Gross acre" means land area, measured on the horizontal plane, and including land occupied by all natural and manmade features of the landscape.
(51) (Repealed. Ord No 2024-20, passed 1-22-2024).
(52) "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. No home occupation shall involve on-site transient accommodations.
(Ord. 2024-20. Passed 1-22-24.)
(52.1) “Impounded Motor Vehicles” means any motor powered vehicle whether operable or inoperable and whether licensed or unlicensed, taken into custody and possession by a governmental agency or its legal agent pursuant to authority provided by statute, governmental regulations, or court order for the purpose of storage pending a final determination as to the disposition of said vehicle.
(52.2) “Impounded Motor Vehicle Yard” means any land, building or structure to be used in part or whole for the purpose of storing impounded motor vehicles. Said yard shall be permitted in the City of Streetsboro only as a conditionally permitted use in the Industrial District pursuant to and in accordance with Section 1139.02(b)(14) of this Zoning Code. Said yard may not be an accessory use to any permitted use or any conditionally permitted use in any Zoning District.
(Ord. 1996-19. Passed 1-22-96.)
(52.3) “Independent senior living facility” means an age-restricted congregate residential housing facility which combines private living quarters with on- site provision of at least three of the following services included on a non- waiverable basis: daily communal dining, housekeeping, laundry, transportation to appointments and errands, emergency medical response capability, on-call management personnel, personal care services (as defined in Ohio R.C. 3721.01(A)(5)(a)), or personal service providers such as barbershop or salon. A facility that offers living quarters with more than one bedroom or offers living quarters for purchase shall not be considered an independent senior living facility.
(Ord. 2018-108. Passed 9-10-18.)
(53) "Hospital" means any building or other structure containing beds for at least four patients and devoted to the medical diagnosis, treatment or other care of human ailments. (Ord. 2018-108. Passed 9-10-18.)
(54) "Hotel, Transient" means a building or group of buildings operated as a single entity, with collectively more than five sleeping rooms, operating as a place of transient accommodation, subject to licensure and compliance with Ohio Revised Code sections 3731.09-20, in which all sleeping rooms are accessed from a secure interior hallway, corridor or common enclosed area under the exclusive control of hotel management. "Transient Hotel" does not include extended stay hotel, residential hotel, motel, motor lodge, bed and breakfast, peer-to-peer vacation rental, SRO facility, any place where some or all of the rooms qualify as residential dwelling units under this Code, or any place where rooms are used for non-transient residence. (Ord. 2024-20. Passed 1-22-24.)
(54.1) “Individual Lot” means a lot, in separate ownership and applied for under separate application from that of Integrated Development Site, but which may be included as part of the overall Integrated Development Site and made a part of the associated integrated development plan in a C-R District only.
(54.2) “Individual Lot Applicant” means a person, persons, entity or authorized agent thereof, commencing proceedings under this Zoning Ordinance to accommodate development of a portion of the Integrated Development Site in a C-R District only.
(Ord. 2014- 22. Passed 5-24-14.)
(55) "Institution" means a governmental facility, a non-profit school or educational facility, or a place of worship.
(Ord. 2023-33. Passed 2-13-23.)
(55.1) “Integrated Development Site” means a lot or lots, in single or separate ownership, comprising the overall integrated development site of the entire project area/site in a C-R District only, for which an integrated development plan has been prepared and approved.
(55.2) “Integrated Development Site Applicant” means a person, entity, or authorized agent thereof, commencing proceedings under this Zoning Ordinance to accommodate development of the entirety of an integrated development site of the entire project area/site in a C-R District only.
(Ord. 2014-22. Passed 3-24-14.)
(56) "Junk motor vehicles" means any vehicles that are extensively damaged and left uncovered in the open on private property for more than seventy-two hours. Damage includes but is not limited to missing wheels, tires, motor or transmission. Any vehicle, regardless of its condition, shall not be considered a "junk motor vehicle" if such a vehicle is part of the inventory of a junk yard or to be used in a scrap metal processing facility under Ohio Revised Code Section 4737.12, or the person having the right to the possession of the junk motor vehicle can establish the vehicle is part of a bona fide commercial operation, or the motor vehicle is a collector's item.
(57) "Junk yard" means the use of more than twenty-five square feet of any land, building or structure, whether for private and/or commercial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, paper, rags, rubber, cordage, barrels, etc., are sold, stored, bought, exchanged, baled, packed, sorted, disassembled, dismantled or handled.
(Ord. 1994-111. Passed 11-28-94.)
(57.1) “Lattice tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(Ord. 1998-16. Passed 1-26-98.)
(57.2) “Livestock” means the following:
A. All cattle or animals of the bovine species;
B. All horses, mules, burros, and asses or animals of the equine species;
C. All goats or animals of the caprine species;
D. All swine or animals of the porcine species; and
E. All sheep or animals of the ovine species.
(Ord. 2014-35. Passed 4-23-14.)
(58) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(59) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(60) "Lot" means a piece, parcel or plat of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces and access to or frontage on a public street, as required by these regulations.
(61) "Lot area" means the computed area contained within the lot lines. Where the lot has been conveyed to the center of the street the area of the lot lying within the established street right-of-way shall not be included as part of the lot area for the purpose of these regulations.
(62) "Lot, corner" means a lot at the junction of and abutting upon two intersecting streets.
(63) "Lot coverage" means the portion of the lot area that is covered by any buildings.
(64) "Lot, depth" means the mean horizontal distance between the right-of-way line of the street and the rear lot line.
(65) "Lot, double frontage" means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
(Ord. 1994-111. Passed 11-28-94.)
(65.1) "Lot, fallow" means a lot which is not being used for any authorized principal use or any legal non-conforming use. The presence of an accessory building, structure or use related to a potential principal use does not render the lot non-fallow. (Ord. 2023-33. Passed 2-13-23.)
(66) "Lot, interior" means a lot other than a corner lot.
(67) "Lot lines" means the property lines defining the limits of a lot.
(68) "Lot line, front" means the line separating a lot from the street on which the lot fronts.
(69) "Lot line, rear" means the lot line opposite the most distant from the front lot line.
(70) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(71) "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Portage County or a parcel of land, the deed to which was of record on or prior to the effective date of these regulations.
(72) "Lot, width of” means the width measured along the minimum building setback line.
(73) "Lumberyard" means a premises where a stock of lumber is kept for sale.
(74) "Major thoroughfare" means a street designed primarily for the movement of fast, heavy traffic between centers of traffic generation and where the right of access, light, air and view is controlled by public authority.
(75) "Manufactured home" means any nonself-propelled vehicle transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Calculations on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows.
(76) "Manufactured home park" means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(77) "Manufactured home development" means a general category of development that includes manufactured home subdivisions and manufactured home parks.
(78) "Manufactured home subdivision" means a subdivision designed and/or intended for sale of lots for siting manufactured homes.
(Ord. 1994-111. Passed 11-28-94.)
(78.1) "Marijuana dispensary" means an establishment licensed as a medical marijuana dispensary under Chapter 3796 of the Ohio Revised Code or as an adult use dispensary under Chapter 3780 of the Ohio Revised Code. A single facility licensed and operating under both chapters will be deemed a single marijuana dispensary.
(Ord. 2024-92. Passed 6-10-24.)
(79) "Marquee" means any hood or awning of permanent construction, projecting from the wall of a building above an entrance and extending over a street or sidewalk or part thereof.
(80) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on, "massage", including any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(81) "Minerals" means sand, gravel, clay, peat, peatmoss, topsoil, shale, gypsum, halite, limestone, dolomite, sandstone, other stone, metalliferous or nonmetalliferous ore, or other material or substance of commercial value excavated in a solid state from natural deposits on or in the earth, but does not include coal.
(82) "Minimum building lines" means lines parallel to the street right-of-way line or lot lines, and at a distance therefrom equal to the required depth of the front, side or rear yards. For front yards where the right-of-way line is a major thoroughfare or collector street is designated on the current Streetsboro Development Policy Plan, the building line shall be measured from the proposed right-of-way line.
(83) "Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Construction is in one or more units, occupied on land having a minimum area of 4400 square feet and containing living facilities by one family, including permanent provisions for eating, sleeping, cooking and sanitation.
(84) "Modular home" means factory-built housing certified as meeting the Ohio State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards a site-built homes. (Ord. 1994-111. Passed 11-28-94.)
(84.1) “Monopole” means a support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation.
(Ord. 1998-16. Passed 1-26-98.)
(85) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(85.1) “Motor vehicle rental agency” means an establishment engaged exclusively in the rental (not leasing) of automobiles, sport utility vehicles, light trucks, vans, or motorcycles, including incidental parking of vehicles for rent. This use does not include the rental, storage, or maintenance of large construction equipment or the rental of air, aquatic, commercial or construction vehicles or equipment. Also excluded from this use type are “motor vehicle rental, self-moving”.
(85.2) “Motor vehicle rental, self-moving” means an establishment engaged exclusively in the rental of trucks, vans, and trailers for moving household personal property, and which establishment may engage in the rental of other moving accessories, such as trailer hitches and mounts, padded blankets, and dollies, and the sale of boxes and other packing materials.
(Ord. 2020-24. Passed 2-10-20.)
(86) "Natural area" means an area of land and/or water which has retained its natural character to some degree or has some unusual flora, fauna, geological, archaeology, scenic or similar features of scientific or educational interest. A natural area need not be completely undisturbed. (Ord. 1994-111. Passed 11-28-94.)
(86.1) “Net developable area” means the area determined by deducting 15% for streets and utilities plus the acreage encumbered by the following unbuildable site conditions from the gross acreage of the proposed residential development (the acreage to be subdivided).
A. Jurisdictional wetlands, as defined in U. S. Army Corps of Engineers’ Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Jurisdictional wetland as regulated by Section 404 of the Clean Water Act consisting of (a) hydric soils, (b) hydrophytic vegetation, and (c) wetland hydrology (generally meaning that they support more than 50% wetland vegetation, and are poorly drained soils that are periodically inundated or saturated).
B. Floodplains, as shown on the Zoning Map as F-P or areas that lie within a FEMA 100-year floodplain, either with in elevations determined by FEMA or mapped by FEMA.
C. Steep slopes, defined as a slope greater than 25%.
D. Easements, defined as rights-of-way that prohibit residential construction.
E. Bodies of water.
F. Wetland and riparian setbacks.
Steep slopes, easements, and wetland and riparian setbacks within yard setbacks may be included in gross acreage for purposes of determining “net developable area.”
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
(87) "Nonconforming use" means any building or land lawfully occupied by a use on the effective date of these regulations or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(Ord. 1994-111. Passed 11-28-94.)
(87.1) “Non-prescription drugs sold at retail" means an establishment which, as its principal use, sells or distributes tobacco or nicotine products for human ingestion or inhalation in any manner, including aerosol or vapor products, as well as other unregulated psychoactive substances including cannabinoid compounds or derivatives of any nature, and associated drug paraphernalia as defined in Ohio R.C.2925.14, but does not include marijuana dispensaries or establishments defined as prescription drugs sold at retail. (Ord. 2024-92. Passed 6-10-24.)
(88) "Nuisance" means anything that interferes with the use or enjoyment of property, endangers personal health, safety or is offensive to a person of ordinary sensibilities. (Ord. 1994-111. Passed 11-28-94.)
(88.1) “Nursing home” means an institution defined in Ohio R.C. 3721.01(A)(6). (Ord. 2018-108. Passed 9-10-18.)
(89) "Occupancy" means one who occupies.
(90) "Oil, gas and brine wells" means any viable, cased commercial or domestic well for the extraction of natural resources.
(91) "Open space" means any portion of the lot which is not occupied by any building or structure or is not hard surfaced with a man made material.
(92) "Outdoor display". (See Retail Sales, Outdoor.)
(93) "Outdoor storage" means the keeping, in an enclosed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four hours. (Also see Retail Sales, Outdoor.)
(94) "Parking space" means an off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
(95) "Party center" means an establishment where meals and/or liquor are permitted and in which music, dancing or entertainment is conducted.
(Ord. 1994-111. Passed 11-28-94.)
(95.1) "Prescription drugs sold at retail" means an establishment licensed under Chapter 4729 of the Ohio Revised Code, which sells or distributes prescription drugs under the supervision of a licensed pharmacist who is in full and actual charge of the pharmacy.
(Ord. 2024-92. Passed 6-10-24.)
(96) "Private and parochial schools" means facilities for elementary, junior, and secondary schools including the customarily associated facilities such as administrative offices and auditoriums.
(97) "Private technical schools" means private educational facilities including business and commercial technical schools, art schools, dance schools and specialized educational facilities.
(98) "Public utility" means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public, electricity, gas, steam, telephone, telegraph, transportation, water or any other similar public utilities.
(99) "Retail sales, outdoor", means the sales and display of products primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats, farm equipment, motor homes, burial monuments, building and landscape materials and lumber yards.
(100) "Repair services" means any building, premises and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
(101) "Roadside stands" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(Ord. 1994-111. Passed 11-28-94.)
(101.1) “Sanitarium” means an institution that provides in-patient therapy or rehabilitation for the treatment of chronic diseases or for recuperation from surgery or hospitalization.
(Ord. 2018-108. Passed 9-10-18.)
(102) "Screening strip" means a strip of land to be used as a planting strip on which shall be placed evergreen, hedge, shrubbery or other planting materials maintained in a neat and orderly manner.
(103) "Shall" means the action, procedure or standard referred to is mandatory. (Ord. 1994-111. Passeed 11-28-94.)
(103.1) "Short-term residential rental" means a dwelling unit not licensed under Chapter 3731 of the Ohio Revised Code that is used as a place of transient accommodation more than once in a calendar year.
(Ord. 2024-163. Passed 11-25-24.)
(105) "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; the human male genitals in a discernably turgid state, even if completely and opaquely covered.
(106) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(107) "Stable, private" means a stable with a capacity of not more than two animals owned by the occupants of the dwelling to which it is an accessory use.
(108) "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(109) “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
(110) "Street, collector" means a street intended to carry traffic from local streets to major thoroughfares, including principal streets within a residential development. (Ord. 1994-111. Passed 11-28-94.)
(110.1) “Street, existing” (Existing Street) means a City street or road that is in existence, having been dedicated as such, at the time of subdivision application.
(110.2) “Street, new” (New Street) means right-of-way depicted on a plat that is being proposed for dedication as a City street or road at the time of subdivision application.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
(111) "Street, public" means a public thoroughfare which has been dedicated to the public use and accepted by the City or subject to public easement therefor, and which affords principal means of access to abutting property.
(112) “Street, right-of-way lines" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.
(113) "Street, private" means a thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public and/or subject to public easements therefor.
(114) "Streetsboro Development Policy Plan" means the long-range plan for the development of the City and its environs as officially adopted and amended by the Planning Commission.
(115) "Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including advertising signs, billboards, pergolas, farmers' roadside stands, fences and walls.
(116) "Structural alterations" mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical contents of the building.
(117) "Surface mining" means all or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering or quarrying, and includes the removal of overburden for the purpose of determining the location, quantity or quality of mineral deposits and the incidental removal of coal at a rate less than one-sixth the total weight of minerals and coal removed during the year, but does not include test or exploration boring, nor mining operations carried out beneath the surface by means of shafts, tunnels or similar mine openings.
(118) "Swimming pool, family" means a swimming pool used or intended to be used solely by the owner or lessee thereof and his family, and by friends invited to use it without payment of any fee.
(119) "Swimming pool, commercial" means a body of water in an artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon adults or children, operated and maintained by any person as herein defined, whether he is an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
(120) "Tavern" means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches, snacks and meals are available for consumption on the premises.
(Ord. 1994-111. Passed 11-28-94.)
(120.1) “Telecommunications” means the technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(Ord. 1998-16. Passed 1-26-98.)
(121) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(121.1) "Transient Accommodation, Place of" means a place providing sleeping, bathing and sanitary facilities and made available publicly for occupancy in durations not exceeding thirty (30) days.
(Ord. 2024-20. Passed 1-22-24.)
(122) "Use" means the purpose for which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
(123) "Useable open space" means the required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, and shall be twenty feet in least dimension on the ground. Balconies at least four feet, six inches wide, roof areas which are improved and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as useable open space.
(124) "Used car lot" means any lot on which two or more motor vehicles (which have been previously titled in a name other than the manufacturer or dealer) in operating condition are offered for sale or displayed to the public.
(125) "Veterinary hospital" means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and/or recuperation.
(126) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency an duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
(Ord. 1994-111. Passed 11-28-94.)
(126.1) “Wireless Telecommunication Antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(126.2) “Wireless Telecommunications Equipment Building” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(126.3) “Wireless Telecommunications Facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(126.4) “Wireless Telecommunications Tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed and lattice construction steel structures.
(Ord. 1998-16. Passed 1-26-98.)
(127) "Yard" means an open space of the same lot between the lot line and the building line, unoccupied and unobstructed by any portion of a building or structure from the ground upward, except as otherwise provided herein. (Ord. 1994-111. Passed 11-28-94.)
(128) "Yard, front" means a yard extending across the full width of a lot and being the perpendicular distance between the street right-of-way line and the building line. Where the right-of-way is not established, the right-of-way shall be assumed to be sixty feet. Where a specified right-of-way for a major thoroughfare or collector street is designated on the current Streetsboro Development Policy Plan the front yard depth shall be measured from the proposed street right-of-way line.
(129) "Yard, rear" means a yard extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the rear building line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
(130) "Yard, side" means a yard between the side building line and the side lines of the lot and extending from the front yard to the rear yard.
(131) "Zero lot line" means the location of dwellings on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Setback is legally one inch.
(132) "Zoning amendment" means a change in the text and/or district map of the existing Zoning Ordinance which is granted by legislative act of the City Council.
(133) "Zoning map" means the Zoning District Map of the City of Streetsboro, Portage County, Ohio.
(134) "Zoning Ordinance" means Ordinance 1989-51, passed August 29, 1989, and all amendments thereto, which are codified as Titles One, Three and Five of this Part Eleven - Planning and Zoning Code.
(Ord. 1994-111. Passed 11-28-94.)
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1105.01 ZONING INSPECTOR.
The Building Inspector of the City shall be the Zoning Inspector for the purpose of effecting proper enforcement of this Zoning Ordinance, under the supervision of the Service Director. Council may, at their discretion, separate the two positions.
(Ord. 1989-51. Passed 8-28-89.)
1105.02 DUTIES OF THE ZONING INSPECTOR.
The Zoning Inspector shall have the following duties:
(a) Issue zoning and occupancy certificates in conformance with the provisions of this Zoning Ordinance;
(b) Issue written notices to persons responsible for violations of this Zoning Ordinance identifying the violation and demanding corrections. The notice shall also be given to the property owner when the violator is someone other than the property owner.
(c) Order discontinuance of illegal uses of land, buildings or structures;
(d) Order removal of illegal buildings or structures or illegal additions or structural alterations, or illegal uses;
(e) Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violations of this Zoning Ordinance as permitted by law.
(Ord. 1989-51. Passed 8-28-89.)
1105.03 PLANNING AND ZONING COMMISSION POWERS.
The Planning and Zoning Commission shall have such powers and duties as are conferred upon it by the laws of Ohio, the power to administer Titles One, Three, Five and Seven of this Ordinance, those powers enacted by resolution or ordinance of Council and the Streetsboro City Charter.
(Ord. 1989-51. Passed 8-28-89.)
1105.04 CREATION OF THE BOARD OF ZONING AND BUILDING APPEALS.
There shall be a Board of Zoning and Building Appeals which shall have the powers and duties prescribed by the Streetsboro City Charter and by this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
1105.05 COMPOSITION, TERM, ORGANIZATION AND MEETINGS.
The composition, terms of members, organization and meetings shall be in accordance with the Charter of the City of Streetsboro.
(Ord. 1989-51. Passed 8-28-89.)
1105.06 QUORUM.
Four members of the Board shall constitute a quorum for the conducting of business.
(Ord. 1989-51. Passed 8-28-89.)
1105.07 PROCEEDINGS.
(a) The Board shall adopt rules necessary to the conduct of its affairs.
(b) The Board shall act by resolution or motion and shall keep minutes of its proceedings. The minutes shall:
(1) Show the vote on each question;
(2) Show how each member voted on each question.
(3) Show abstentions or failures to vote whenever they occur.
(4) Reasons supporting the Board's vote.
(c) The concurring vote of three Board members is necessary to pass any resolution or motion before the Board.
(d) The Chairman or acting Chairman of the Board shall issue oaths and compel by issuance of subpoena the attendance of witnesses in all matters coming within the purview of the Board, and take testimony of any and all persons coming before it.
(Ord. 1989-51. Passed 8-28-89.)
1105.08 POWERS AND DUTIES OF THE BOARD.
The powers and duties of the Board shall be:
(a) To hear appeals on decisions made by the Zoning or Building Inspector on matters relating to this Zoning Ordinance where it is alleged there is an error in any order, requirement, decision or interpretation made by the Zoning or Building Inspector. The Board may decide appeals by reversing or affirming wholly or in part, or by modifying such order, request, decision or interpretation in accordance with the purpose and intent of this Zoning Ordinance.
(b) To hear and decide upon application for variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, owing to exceptional circumstances, the literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, so that the spirit and purpose of this Zoning Ordinance shall be observed and justice done.
(Ord. 1989-51. Passed 8-28-89.)
1105.09 APPEAL ON DECISION OF THE BOARD.
Any person, including City officials, may appeal a Board decision to the Portage Court of Common Pleas. The appeal must be made within ten days of the Board’s decision.
(Ord. 1989-51. Passed 8-28-89.)
1105.10 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.
1105.11 APPEALS.
Appeals to the Board concerning interpretation or administration of this Zoning Ordinance may be made by any person who disagrees with the formal action taken by the Zoning or Building Inspector provided:
(a) Standing to Appeal. Any formal act of interpretation or administration taken by the Zoning Inspector may be appealed by the applicant, any public official or any City employee at a level of department head or higher. A concerned citizen or property owner does not have standing to appeal unless he or she can demonstrate he or she is adversely and directly affected by the decision in a manner different from the affect generally felt by the public at large.
(Ord. 1989-51. Passed 8-28-98.)
(b) Application Procedure.
(1) Applications for appeals shall be filed with the Zoning Inspector within twenty business days of the Board’s actions.
(Ord. 1998-141. Passed 10-26-98.)
(2) An application must be complete in order to be accepted and processed. In order to be complete, an application must contain all of the following:
A. The provision which was the subject of the Zoning Inspector’s decision.
B. The decision or part of the decision that is being appealed.
C. A clear and concise statement of the decision appellant wants the Board to make.
D. Reasons when the Zoning Inspector’s action was inappropriate.
E. Reasons indicating why the relief requested by the appellant in C. above is appropriate.
(3) The Zoning Inspector shall forward a complete application to the Clerk of the Board along with the file of the matter being appealed. The file shall contain all papers constituting the record upon which the Zoning Inspector made his or her decision.
(Ord. 1989-51. Passed 8-28-89.)
1105.12 VARIANCES.
The Board may authorize, upon appeal in specific cases, variances as per Section 1105.08(b) from the strict terms of this Zoning Ordinance.
A variance may be granted when the Board finds upon the evidence submitted that:
(a) Authorization. The Board of Zoning and Building Appeals may approve area variances only. It does not have authorization to approve use variances.
(b) Standing. Only a property owner or his/her duly authorized representative may file an application for a variance. If more than one person owns a property, all owners must sign the application. When even more than one person owns a property they may authorize one representative to file and process an application on their behalf. (Ord. 1989-51. Passed 8-28-89.)
(c) Application Procedure.
(1) Variance applications must be submitted to the Zoning Inspector at least twenty days prior to the Board meeting.
(Ord. 1998-141. Passed 10-26-98.)
(2) Variance applications must be complete before they will be accepted and processed.
(3) In order to be complete an application must contain all of the following:
A. A completed application form provided by the Zoning Inspector.
B. The application must be signed by all owners of the property.
C. In addition to B. above, the name, address, phone number and signature of the person authorized by the owner(s) to be the representative.
D. The address of the property for which a variance is being sought.
E. An informal site plan drawn to scale showing property lines and the location of all buildings or structures, permitted, conditionally permitted or accessory uses, driveways, streets, utilities, easements, etc. on the property.
F. A statement indicating why the variance is necessary.
G. A statement indicating conditions which are peculiar to the subject property and are not characteristic of nearby properties in the same zoning district thereby creating practical difficulty.
H. The exact nature of the variance being requested.
I. A statement demonstrating the variance requested is the minimum necessary to alleviate the difficulty and will not be detrimental to the public health, safety and welfare.
(4) Factors to be considered by the Board:
A. There are conditions peculiar to the subject property which are not characteristic of other nearby properties in the same zoning district.
B. The peculiar conditions are not the result of actions of the applicant.
C. The peculiar conditions would be encountered by any person who might own the property.
D. The variance has not been requested solely to increase property value or provide some other financial benefit.
E. A literal application of the provisions of this Zoning Ordinance would deprive the applicant of right commonly enjoyed by other properties within the same zoning district.
F. Granting the variance will not permit a use not allowed in the zoning district.
G. Granting the variance will not be detrimental to the public health, safety and welfare of contiguous properties or the community as a whole.
H. The variance is the minimum necessary to alleviate the difficulty.
(Ord. 1989-51. Passed 8-28-89.)
1105.13 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting an appeal or variance, the Board may require conditions and safeguards, including financial guarantees, to promote land use compatibility and the health, safety and welfare of the area. Violations of such conditions and safeguards shall be deemed a violation of this Zoning Ordinance and punishable under Section 1107.11.
(Ord. 1989-51. Passed 8-28-89.)
(Ord. 1989-51. Passed 8-28-89.)
1105.14 PUBLIC HEARING BY THE BOARD OF ZONING AND BUILDING APPEALS.
The Board shall hold a public hearing within thirty days after receipt of an application for an appeal or variance.
(Ord. 1989-51. Passed 8-28-89.)
1105.15 NOTICE OF PUBLIC HEARING.
Before holding the public hearing, notice of such hearing shall be given in a newspaper of general circulation in the City at least ten calendar days before the date of such hearing. The notice shall set forth the time, place and nature of the proposed appeal or variance.
(Ord. 1989-51. Passed 8-28-89.)
1105.16 NOTICE TO PARTIES OF INTEREST.
(a) Written notice of the public hearing shall be sent by certified mail by the Board at least ten calendar days prior to the hearing to the applicant, owners of property within, or contiguous to and directly across the street from any part of the property and all property owners within 250 feet from the parcel(s) which is subject to the appeal or variance.
(Ord. 1993-01. Passed 1-25-93.)
(b) The notice shall contain information required of the newspaper notice.
(c) Notices shall be sent to addresses of property owners appearing on the current tax duplicate of the County.
(d) Failure of delivery of such notice shall not invalidate the action of the Board.
(e) Other interested parties such as the Mayor, Planning Commission and Council shall also be notified of the hearing.
(Ord. 1989-51. Passed 8-28-89.)
1105.17 HEARING CONTINUATION.
The Board members may recess such public hearing as necessary to gather additional information or evidence needed to make a decision and if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 1989-51. Passed 8-28-89.)
1105.18 ACTION BY THE BOARD OF ZONING AND BUILDING APPEALS.
After the public hearing, the Board may approve, approve with modifications and/or supplemental conditions, disapprove or continue the hearing as provided by Section 1105.17. A certified copy of the decision shall be transmitted to the applicant, the Zoning Inspector, Mayor, Council and Planning and Zoning Commission. Such decision shall be binding upon the Zoning Inspector and he shall incorporate the terms and conditions of the decision, in any permit or certificate to the applicant whenever a permit is authorized by the Board. Once the Board has authorized issuance of a zoning certificate, the Zoning Inspector shall issue the zoning certificate within ten days of such authorization. (Ord. 1998-141. Passed 10-26-98.)
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1107.01 ZONING CERTIFICATES REQUIRED.
(a) Before constructing, changing the use of, altering or moving any structure; changing the use of any land, application shall be made to the Zoning Inspector for a zoning certificate which shall be affixed to or made part of the building permit.
(b) Zoning permits shall be issued only in conformity with the provisions of this Zoning Ordinance, unless the Zoning Inspector receives a written order from the Board of Appeals deciding an appeal or variance.
(Ord. 1989-51. Passed 8-28-39.)
1107.02 APPLICATION FOR ZONING CERTIFICATE.
Applications for zoning certificates shall be submitted to the Zoning Inspector, and must be completed in full and accompanied by the appropriate fee as specified by Section 1107.08.
Such application shall include the following information:
(a) Name, address and phone number of the applicant;
(b) Legal description of the property;
(c) Zoning district;
(d) Relative location of any and all nearby public and private streets;
(e) The existing use and intended use of the lot;
(f) A plan drawn to scale showing dimensions of the lot;
(g) Required front, rear, side yard area, open space, and parking;
(h) Proposed number of dwelling units, occupants, employees, bedrooms;
(i) Location and dimensions of structure to be erected or used;
(j) Such other information as may be necessary to determine conformance with and provide for the enforcement of this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
1107.03 CONDITIONAL ZONING CERTIFICATES.
If the application is for a conditional zoning certificate, the application procedure provided for in Section 1153.02 shall be followed.
(Ord. 1989-51. Passed 8-28-89.)
1107.04 ISSUANCE OF ZONING CERTIFICATES.
Zoning certificate shall be issued by the Zoning Inspector under the following conditions:
(a) Within ten working days after receipt of the completed application with payment of fees, the Zoning Inspector shall issue a zoning certificate if the application meets the requirements of this Zoning Ordinance. If denied, the Zoning Inspector shall give written notice of denial and state reasons for denial including sections of the Zoning Ordinance that applicant does not comply with.
(c) Upon approval of a variance or appeal by the Board of Zoning and Building Appeals.
(d) Upon approval of site plan for those uses requiring site plan review as regulated by Chapter 1152.
(e) Once the Planning and Zoning Commission has authorized issuance of a zoning certificate, the Zoning Inspector shall issue the zoning certificate within ten days of such authorization.
The Zoning Inspector shall issue a placard to be posted in a conspicuous place on the property for which a zoning certificate is issued, attesting to the fact that the use or alteration is in conformance with the provisions of this Zoning Ordinance. (Ord. 1989-51. Passed 8-28-89.)
1107.05 EXPIRATION OF THE CERTIFICATE.
(a) The zoning certificate shall become void if no construction has begun or use changed within one year of the date of issuance of the certificate.
(b) If the project in the zoning certificate application has not been completed within two years of the date of issuance, the certificate shall be revoked by the Zoning Inspector, and written notice shall be given to the persons affected, with notice that further work, described on the cancelled certificate shall not proceed unless and until a new zoning certificate has been obtained.
(Ord. 1989-51. Passed 8-28-89.)
1107.06 CERTIFICATE OF OCCUPANCY.
(a) No building or part of a building and no lot or part of a lot may be occupied or used until the property owner has received a certificate of occupancy. A certificate of occupancy may not be issued until a zoning certificate has been issued and all work pursuant to building permits and other applicable certificates and permits has been properly completed. The purpose of a certificate of occupancy is to document a property owner's compliance to all applicable codes, certificates and permits.
(b) The Zoning Inspector may issue temporary certificates of occupancy during alterations for periods not to exceed six months.
(Ord. 1989-51. Passed 8-28-89.)
1107.07 MAINTENANCE OF RECORDS.
The Zoning Inspector shall maintain in the City offices:
(a) Permanent records of all applications, fees, bonds, certificates, plans, meeting notices, hearings, special studies, amendments and other activities and actions conducted in the administration and enforcement of this Zoning Ordinance;
(b) A list of nonconforming uses;
(c) An original or master copy of the Zoning Ordinance, maintained current with amendments;
(d) An original or master of the Zoning District Map, maintained current with amendments. The boundary lines of each zoning district change shall be described and kept in the office records. (Ord. 1989-51. Passed 8-28-89.)
1107.08 SCHEDULE OF FEES, CHARGES AND EXPENSES.
1107.09 FINANCIAL GUARANTEES.
Financial guarantees required by this Zoning Ordinance shall be deposited with the Finance Director of the City and shall be returned to the applicant only after a certificate of occupancy is issued to the applicant.
(Ord. 1989-51. Passed 8-28-89.)
1107.10 VIOLATIONS.
(a) No person shall move, locate, erect, construct, reconstruct, enlarge, change, raze, maintain or use any building, or use any land in violation of any provision of this Zoning Ordinance or amendments thereto.
(b) The owner of each premises or parcel of land subject to this Zoning Code shall be responsible for compliance with the standards set forth herein, and for the abatement or elimination of any violation found on the owner's premises or parcel of land, regardless of whether certain responsibilities may also be placed on the lessees, tenants, operators or agents of such owner, and regardless of any agreement between the owner and any other person or entity. "Owner," for the purposes of this Section, means the record title owner of the parcel as identified on the Portage County tax duplicate, and any heirs, successors and assigns of such owner.
(c) Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall be filed with the Zoning Inspector and shall state the causes and basis of the complaint. The Zoning Inspector shall record such complaint, investigate and take action as provided for violations of this Zoning Ordinance within thirty days from date of receipt of the complaint.
(d) Any person found by the Zoning Inspector to be violating the provisions of this ordinance, and the owner of the involved premises or parcel, shall be notified in writing by regular mail at the parcel's address, and at the tax mailing address of the parcel's owner, if different from the parcel's address. In addition, the Notice of Violation ("NOV") shall be posted, if possible, at a location near the main entrance of the premises. Each NOV issued under the authority of this Section shall:
(1) Identify the section of the Zoning Code of which the premises or parcel is in violation and the specific conditions that are the basis of the determination that a violation is occurring,
(2) Order the owner and/or person in charge of the premises or parcel to abate the violation and identify the specific conditions that must be corrected in order to constitute abatement,
(3) Specify a reasonable time for compliance with the order to abate, a minimum of fourteen (14) days,
(4) Advise the owner and/or person in control of the right to appeal the NOV to the Board of Zoning and Building Appeals,
(5) Advise the owner and/or person in control of the civil and criminal enforcement actions that may follow the failure to comply with an abatement order contained in an NOV.
Any person to whom an NOV is directed shall have standing to appeal the NOV to the Board of Zoning and Building Appeals pursuant to Section 1105.11.
(e) If the violation is not fully abated or corrected within the time frame specified in the NOV, and in the absence of any appeal of the NOV, then Council, the Mayor, the Law Director, the Service Director, the Planning and Zoning Director, the Zoning Inspector or any property owner especially damaged by the violation may initiate any of the enforcement provisions provided in this Zoning Code.
(f) In addition to the criminal penalties specified in Section 1107.11, the Law Director, upon a referral from the Planning Director, is authorized to institute any appropriate civil action to prevent the unlawful construction or alteration of any building or structure or the unlawful establishment, change or modification of any use; to restrain or require correction or abatement of violations of this Zoning Code, or to prevent the unlawful use of any building, structure or land. The Law Director is further authorized to litigate to judgment, settle, compromise, and/or dismiss any action brought under the authority of this Section, and to initiate such further actions as are necessary in aid of execution on any and all such judgments or settlements. (Ord. 2022-84. Passed 5-9-22.)
1107.11 PENALTIES.
(a) Whoever violates any provision of this Zoning Ordinance or any amendments thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each day of continuation of a violation of this Zoning Ordinance or amendment thereto shall be deemed a separate offense.
(b) If there is a conviction on a violation, the violator shall be responsible for payment for all legal, professional and other expenses of the City in the case.
(Ord. 1989-51. Passed 8-28-89.)
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1109.01 AMENDMENTS TO ZONING ORDINANCE.
City Council may amend by ordinance the number and shape of districts on the Zoning Maps or the regulations in this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
1109.02 INITIATION OF AMENDMENTS.
Amendments to the Zoning Ordinance may be initiated by:
(a) Motion of the Planning and Zoning Commission; or
(b) Adoption of a resolution by Council and certification to the Planning and Zoning Commission; or
(Ord. 1989-51. Passed 8-28-89.)
(Ord. 1989-51. Passed 8-28-89.)
(c) Filing of an application with the Zoning Inspector or Department of Planning and Zoning by one or more owners of property within the area proposed to be changed or affected by the proposed amendment to the Zoning Ordinance. However, no such application is to be accepted by the Zoning Inspector or Department of Planning and Zoning from any person requesting rezoning to any residential classification in any zoning district within this City, for the period from February 29, 2003, through November 29, 2004.
(Ord. 2004-12. Passed 1-26-04.)
1109.03 CONTENTS OF APPLICATION FOR AMENDMENT TO ZONING ORDINANCE.
(a) Application for amendment to the Zoning Ordinance pursuant to Section 1109.02(c) shall first be submitted to the Zoning Inspector for determination of compliance with Section 1109.03 and application shall be submitted on forms made available by the Zoning Inspector and shall include the following:
(1) Evidence that the proposed amendment would materialize in an equal or better zoning ordinance than that existing.
(2) A statement of the proposed text change in the regulation set forth in this Zoning Ordinance.
(3) A map of the proposed zoning district and geographic boundaries.
(5) Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property, and that it deprives the property owner of his lawful and reasonable use of the land. For the purposes of the Zoning Ordinance a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning.
(6) A list of all current property owners within, contiguous to and directly across the street and property within 500 feet from the parcel(s) proposed to be rezoned as well as the addresses of those owners.
(7) A statement on how the proposed amendment relates to Streetsboro policies plan for development.
Applications to amend parts of this Zoning Ordinance other than the Zoning District Map, shall include at least items (1), (2) and (7).
(Ord. 1989-51. Passed 8-28-89.)
(b) Once an application is complete, including the payment of fees, the Zoning Inspector shall transmit the following to the Clerk of the City Planning Commission for placement on the agenda:
(1) A copy of the completed application; and
(2) A statement certifying the actual number of single family and multi- family units in the City, and the ratio derived from comparing single family units to multi-family units. All units that have received the requisite approval from the City shall be included even though not actually constructed. (Ord. 1994-74. Passed 7-25-94.)
(c) Within three days after the Zoning Inspector receives a satisfactorily completed application for a change in the zoning map, the Zoning Inspector shall transmit the application to the Service Director. Within five days of receiving the application, the Service Director shall post a sign on the property stating that the property is under consideration for rezoning and to contact City Hall. The sign shall be 4 feet X 6 feet and shall state the current zoning and the proposed zoning. The sign shall be setback on the proposed property according to the Sign Ordinance, but shall be placed where it is clearly visible to any passersby. The sign shall remain on the site until the application has been properly disposed of by the Planning Commission and Council. Failure to meet the timelines, failure to post or failure to maintain the sign on the property shall not invalidate any action taken on the application by the Planning Commission or Council.
(Ord. 1997-110. Passed 8-25-97.)
1109.04 MANDATORY REFERRAL TO PLANNING COMMISSION FOR RECOMMENDATION.
No Zoning Ordinance amendment shall become effective unless the following has occurred:
(b) The Planning Commission shall have no less than thirty days nor more than sixty days from the date of referral of any amendment application to submit a written recommendation and report to Council approving, approving with modification, or disapproving the amendment requested. The report shall address whether the current zoning satisfies the applicable constitutional requirements, setting forth the facts and circumstances that support the recommendation. If the Planning Commission finds that the current zoning does not satisfy the applicable constitutional requirements, the report shall recommend an amendment to the current zoning (which amendment may differ from the amendment requested) that would satisfy such requirements.
(Ord. 2003-79. Passed 5-19-03.)
(c) If the Planning Commission shall fail to act within the allotted time, Council may act thereon as if it had received a recommendation of approval in such matters.
(Ord. 1989-51. Passed 8-28-89.)
1109.05 PUBLIC HEARING BY COUNCIL.
Before any amendment may be passed, Council shall hold a public hearing, within sixty days from date of receipt of recommendation from the Planning Commission. Such hearing shall be publicized as follows:
(a) Written notice shall be placed in a newspaper of general circulation in Streetsboro at least thirty days prior to the date of the public hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed amendment(s) and Zoning Ordinance shall be on file for public examination in the office of the Clerk of Council.
(Ord. 2006-191. Passed 12-29-06.)
(b) If the ordinance, measure, or regulation is intended to rezone or redistrict any parcel(s) of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty days before the date of the public hearing to the owners of the property within and contiguous to and directly across the street from such owners appearing on the County Auditor’s current tax list or lists that may be specified by Council.
(Ord. 2012-57. Passed 4-30-12.)
(c) The failure of mail delivery of such notice shall not invalidate any such amendment.
(Ord. 2006-191. Passed 12-29-06.)
(Ord. 2006-191. Passed 12-29-06.)
1109.06 ACTION BY COUNCIL.
(a) When the Planning and Zoning Commission makes a recommendation to Council for a change in, or addition to, any Zoning Ordinance or Building Code, Council shall study each such recommendation and take action within 120 days by placing on its first reading an ordinance properly covering such recommendations. Final action by Council on such ordinance shall be taken by placing such ordinance on its third and final reading no later than 120 days after its first reading.
(b) No resolution, ordinance, regulation, measure or order of Council which violates, differs from or departs from the plan or recommendation submitted by the Planning Commission, shall take effect unless enacted or approved by at least two-thirds of Council.
(c) No action of Council may enact, amend or repeal any zoning or building resolution or ordinance as an emergency measure in conformance with Section 4.14 of the Streetsboro Charter and subsequent amendments thereto.
(d) Any ordinance approved by Council that would amend the City of Streetsboro’s zoning map by changing the zoning classification of one district classification, or part of one district classification to another, or that would amend the City of Streetsboro’s zoning regulations by changing any of the density regulations, shall be placed on the ballot at the next primary or general election to be voted upon by the Electorate. No ordinance amending the City of Streetsboro’s zoning map shall become effective unless approved by a majority of the Electorate voting thereon and a majority of the Electorate in each precinct in which the change is applicable. No ordinance amending the City of Streetsboro’s zoning regulations by changing density regulations shall become effective unless approved by a majority of the Electorate voting thereon.
(Ord. 2007-56. Passed 4-23-07.)
(Ord. 2007-56. Passed 4-23-07.)
1109.07 EFFECTIVE DATE.
Such amendment adopted by Council shall take effect thirty days after the date of the last reading by Council.
(Ord. 1989-51. Passed 8-28-89.)
1109.08 ANNEXATION.
Any land annexed to the City subsequent to the adoption of this Zoning Ordinance shall remain subject to the previous township zoning district until such time as the official Zoning District Map is amended according to procedures specified in this chapter.
(Ord. 1989-51. Passed 8-28-89.)
1109.09 AMENDMENTS TO DEFINITIONS.
Whenever an amendment is made to the text of the Zoning Ordinance, the appropriate definitions pertinent to such amendment shall be included in Chapter 1103.
(Ord. 1989-51. passed 8-28-89.)