Twinsburg City Zoning Code
TITLE SIX
Administration
1122.01 PURPOSE.
(a) Purpose. This chapter sets forth the power and duties of the various judicial and administrative bodies, boards, and commissions with respect to administration of the provisions of this Zoning Code.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1122.02 ARCHITECTURAL REVIEW BOARD.
(a) Duties and Powers. The Architectural Review Board (ARB) shall review signs and building design, scale, materials, and the design's compatibility with adjacent uses and structures. Certain building permits shall not be granted until the Architectural Review Board has taken action to approve the design, scale, materials, and design compatibility of the proposed improvement. The Architectural Review Board shall have the following responsibilities and powers:
(1) Review of building elevations associated with building permit applications and plans for the construction of new buildings and building additions.
(2) Review of building elevations associated with building permit applications and plans for the enlargement, alteration, or repair of any existing one-unit dwelling in which the total square footage impacted equals or exceeds twenty percent (20%) of the existing finished square footage of the structure or when visible from a public right-of-way. Building permit applications and plans for the enlargement, alteration, or repair of any one-unit dwelling in which the total square footage impacted is less than twenty percent (20%) of the existing finished square footage of the structure may be reviewed through the building permit process;
(3) Review of building elevations and structures associated with applications and plans for the enlargement, alteration, or repair of existing buildings or structures located in the DTWN district. Exterior alterations, including changes in materials or colors, affecting buildings or structures located in the DTWN district shall also be subject to review.
(4) Review applications for sign permits (per Section 1123.02 - Sign Permit), except as exempted elsewhere in this Code, and approve or disapprove the same;
(5) Establish and implement procedures for the identification, review, designation, and listing of individual landmarks and historic districts in the City;
(6) Establish and maintain procedures for evaluating applications for certificates of approval (per Section 1125.02 - Certificate of Appropriateness) and hear, review, grant, deny, or recommend modifications to the same;
(7) Maintain files, available to the public, containing all applications granted or denied by the Architectural Review Board to serve as the basis for prospective applicants to conform their plans with established policy; and
(8) Make recommendations to the City Council regarding amendments to Chapter 1117 - Historic Preservation and to other legislation affecting properties of historic significance.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1122.03 BOARD OF ZONING AND BUILDING CODE APPEALS.
(b) Duties and Powers. For the purpose of this Zoning Code, the Board of Zoning and Building Code Appeals (BZBA) shall have the following powers and duties in addition to those granted by the Charter:
(1) The BZBA shall have general appellate jurisdiction regarding administration of this Code, except where a different appellate procedure is prescribed in the Twinsburg City Charter or Codified Ordinances.
(2) In accordance with Section 1125.01 - Appeal of Administrative Decision, the BZBA is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by Planning Commission, Architectural Review Board, or an administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Code. In doing so, the Board must carry out the intent or purpose of this Code. The Board shall not, in the process of interpretation, vary the requirements of this Code.
(3) In accordance with Section 1125.05 - Exception, the BZBA is authorized to hear and decide upon requests for exceptions from the applicability of specified provisions of this Code.
(4) In granting a variance or exception, the BZBA may impose such conditions as it deems necessary to protect the public health, safety, and welfare and in the furtherance of the purposes and intent of this Zoning Code.
(5) In accordance with Section 1125.04 - Development Variance, where practical difficulty will result from the strict application of this Code, the BZBA shall have the power to vary or modify the regulations related to yard, setback, height, and area requirements of this Code so that the spirit of this Code shall be observed, public safety secured, and substantial justice done. However, the BZBA shall not possess the authority or power to hear, determine, or grant variances to land use classifications (i.e., uses not allowed in the given zone or district).
(7) The BZBA shall have the authority to hear appeals related to determinations of substantially similar uses as specified in Section 1103.03 - Interpretation of Uses.
(c) Notices of Hearings. It is the intention of this Section to require notice to interested parties, to afford opportunities to inspect public documents, and to encourage interested parties to observe and participate in public proceedings. The failure to notify as provided in this Section shall not invalidate any proceedings or actions taken as a result thereof. Hearings by the Board of Zoning and Building Code Appeals (BZBA) must meet the following:
(1) When a notice of appeal or an application for an exception or a development variance has been filed in the proper form with the BZBA, the Zoning Administrator shall place the request upon the calendar for a hearing and shall cause notices stating the time, place, and subject of the hearing to be served personally or by mail addressed to the parties making the request at least fourteen (14) days prior to the date of the scheduled hearing.
(2) A written fourteen (14)-day notice of such hearing shall also be given by mail to any person, firm, or corporation owning property located contiguous to and directly across the street from a property subject to such appeal or application.
(3) All notices shall be sent to addresses given in the last Summit County Auditors' assessment roll. The failure of delivery of any such notice shall not invalidate any action of the BZBA.
(4) Such hearings shall be advertised by one publication in one or more electronic advertisements posted on the City's official website at least fourteen (14) calendar days before the date of such hearing.
(5) The BZBA, at its discretion, may recess such hearings for any reasonable purpose. If the time and place of the continued hearing is publicly announced at the time of adjournment, no further notices shall be required.
(d) Issued Decisions. Every decision of the BZBA shall be made by motion, each of which shall contain a full record of the findings of the BZBA by case number under one or another of the following headings, together with all documents pertaining thereto:
(1) Interpretation;
(2) Exception; or
(3) Variance.
(e) Compensation of Members. The salary of each member of the BZBA shall be at the rate established by City Council.
(f) Organization and Meetings. The BZBA shall elect a chairperson and vice chairperson from its membership and shall prescribe rules for the conduct of its affairs. Additionally:
(1) Meetings of the BZBA shall be public and held whenever necessary
(2) A quorum requires the attendance of at least three (3) members.
(3) The BZBA shall keep minutes of its proceedings, showing the vote of each member upon every question. If a member is absent or fails to vote, the minutes shall indicate such fact.
(4) The final disposition of any appeal shall be in the form of a motion.
(g) Witnesses. The chairperson or acting chairperson of the Board of Zoning and Building Code Appeals may administer oaths and compel the attendance of witnesses in all matters coming within the purview of this Code.
(h) Calling on Subject Matter Experts. If the BZBA finds it necessary to draw upon any planning, legal, engineering, or other expert testimony during their review of an application, all such costs associated with the expert testimony shall be paid by the petitioner.
(i) Appeal of BZBA Decision. Any person aggrieved by a final decision of the Board of Zoning and Building Code Appeals may seek relief therefrom in a court of competent jurisdiction. (Ord. 68-24. Passed by Electorate 11-7-24.)
1122.04 CITY COUNCIL.
(a) Duties and Powers. Twinsburg City Council, as the municipal legislative body, shall make such laws as are necessary for the protection of public health, safety, and welfare including laws regulating the use of the land. The stated or implied powers and duties in this Zoning Code do not exclude any and all powers of the City Council as granted by the Charter of the City of Twinsburg and the laws of the State of Ohio. For the purpose of this Zoning Code, Twinsburg City Council shall have the powers and duties described herein:
(1) Approve the appointments of members to all Boards and Commissions.
(2) Take action on a site plan upon a recommendation of the Planning Commission and in accordance with Section 1123.01(i) - Site Plan Review.
(3) Act upon a request for a conditional use permit, upon a recommendation of the Planning Commission and in accordance with Section 1125.03 - Conditional Use Permit.
(4) Initiate or act upon proposed amendments to the Zoning Code text or Zoning Map in accordance with Section 1124.02 - Text and Map Amendment. Final action upon a proposed zoning amendment shall be taken at or after a public hearing and after approval by a majority of the electorate, consistent with Section 7A.01 of the Charter of the City of Twinsburg.
(5) Override a recommendation of the Planning Commission provided that such action is passed by a vote of at least five (5) members of the City Council.
(6) Enter into development agreements binding the City and developers to the provision of specific public facilities and infrastructure in accordance with Section 1124.01 - Development Agreement.
(7) Approve appointments of consultants to Commissions and Boards.
(8) In accordance with Section 1125.08 - Floodplain Development Appeals and Variances, act upon requests for appeals of decisions of the Floodplain Administrator.
(9) In accordance with Section 1125.08 - Floodplain Development Appeals and Variances, act upon variance requests for properties within a floodplain.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1122.05 CITY ENGINEER.
(a) Duties and Powers. The City Engineer shall have the following powers and responsibilities:
(1) Review all site plans relative to site infrastructure requirements and advise Planning Commission of same.
(2) Recommend to Planning Commission the classification of proposed subdivisions as "minor", "major," or exempt from the provisions of Section 711.001(B) of the Ohio Revised Code.
(3) Review proposed subdivisions in accordance with this Zoning Code and Chapter 711 of the Ohio Revised Code.
(4) Advise the Planning Commission and the Administration on issues related to capital improvements planning.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1122.06 FLOODPLAIN ADMINISTRATOR.
(a) Duties and Powers. The duties and responsibilities of the Floodplain Administrator include but are not limited to:
(1) Evaluate applications for permits to erect, construct, alter, repair, improve, move, or install a building, structure, or mobile home within a designated flood zone as indicated on the Flood Insurance Rate Maps provided by the Federal Emergency Management Agency (FEMA). The Floodplain Administrator shall have a maximum of seven (7) working days from receipt of the application from the Building Department to make a flood hazard determination. Upon determination, a written copy thereof shall be returned to the Building Department.
(2) Interpret floodplain boundaries and provide flood hazard and flood protector elevation information.
(3) Conduct reviews and advise the Chief Building Official in the issuance of permits to develop in special flood hazard areas when the provisions of Chapter 1107 - have been met or recommend the refusal to issue the same in the event of noncompliance.
(4) Inspect buildings and land to determine whether any violations of Chapter 1107 - have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of Chapter 1107 - , including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits (in accordance with Section 1125.07 - Floodplain Development Permit), elevation certificates, floodplain development variances (in accordance with Section 1125.08 - Floodplain Development Appeals and Variances), and records of enforcement actions taken for violations of Chapter 1107 - .
(7) Review and decide on applications for floodplain development permits, in accordance with Section 1125.07 - Floodplain Development Permit;
(8) Provide information, testimony, or other evidence as needed during floodplain variance hearings, in accordance with Section 1125.08 - Floodplain Development Appeals and Variances.
(9) Coordinate map maintenance activities and FEMA follow-up.
(10) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of Chapter 1107. (Ord. 68-24. Passed by Electorate 11-7-24.)
1122.07 PLANNING COMMISSION.
(a) Duties and Powers. Planning Commission shall have all powers to consider the following matters:
(1) To adopt and recommend to City Council a Comprehensive Plan for the physical development of the City or to adopt and recommend the redevelopment of any area, zone, or district through the preparation of a business area plan which shall include the location of streets and other public ways, parks, playgrounds, recreation areas and other public places;
(2) To review and recommend to City Council plans and maps for dividing the City or any portion thereof into zones or districts representing the recommendations of the Planning Commission in the interest of the public health, safety, convenience, comfort, prosperity or general welfare for the regulation and restriction of the location of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses; the regulation and limitation of height of buildings and other structures to be erected or altered; regulation of bulk and location of buildings and other structures to be erected or altered, including the percentage of lot occupancy, setback building lines, and the area of yards, courts and other open spaces in such zones or districts;
(3) To review all site plans required by this Code and make recommendations to City Council as provided in this Code, in accordance with Section 1123.01 - Site Plan Review;
(4) To review all applications for conditional use permits and make recommendations to the City Council in accordance with Section 1125.03 - Conditional Use Permit;
(5) To consider and make plans for the location, or vacation of public buildings, thoroughfares, public ways, open spaces, public and private Utility Facilities;
(6) To recommend to City Council that a proposed use not specified in this Code shall be considered substantially similar to an existing principal use or conditionally permitted use that is listed and provided for in this Code, in accordance with Section 1103.03 - Interpretation of Uses;
(7) To review all proposed amendments to the Zoning Code Text and/or Map and to submit to City Council the Planning Commission's recommendations with respect to such proposed amendments, in accordance with Section 1124.02 - Text and Map Amendment;
(8) To investigate and to propose on its own initiative such amendments to the Zoning Code which further the public health, safety, and general welfare, in accordance with Section 1124.02 - Text and Map Amendment;
(9) To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers;
(10) To review proposals for subdivision, platting, replatting, and consolidations of land and platting of development, in accordance with Chapter 1126 - Subdivision Applications;
(11) To grant variances of up to 50% of any setback for the purpose of avoiding or minimizing adverse environmental impacts - in reviewing environmental impact statements as may be required by Chapter 1112 - Environmental and Performance Standards;
(12) To review landscape plans pursuant to Section 1114.07 - Landscaping Plan Submission and Approval; and
(13) To evaluate and recommend consultants for land use, land development, and zoning issues.
(b) Notices of Hearings. It is the intention of this Section to require notice to adjacent property owners, to afford opportunities to inspect public documents, and to encourage the public to observe and participate in public proceedings. The failure to notify as provided in this Section shall not invalidate any proceedings or actions taken as a result thereof. Except for hearings related to a development agreement (subject to Section 1124.01 - Development Agreement), hearings by the Planning Commission must meet the following:
(1) Following receipt of a complete application for a conditional-use permit or a project located in a PF zone, the Planning Commission Secretary shall place the request upon the calendar for a hearing and shall electronically publish notice on the City's website stating the time, place, and subject of the hearing at least fourteen (14) days before the date of such hearing.
(2) At least fourteen (14) days before the date of the hearing, the Planning Commission Secretary shall send such notice to the parties making the request either by serving such parties in-person or mailing notice to such parties.
(3) At least fourteen (14) days before the date of the hearing, the Planning Commission Secretary shall send such notice by mail to any person, firm, or corporation owning property located contiguous to and directly across the street from a property subject to the application.
(4) All notices shall be sent to addresses given in the last Summit County Auditors' assessment roll.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1122.08 ZONING ADMINISTRATOR.
(a) Duties and Powers. The Zoning Administrator, or designee, shall issue all zoning permits (in accordance with Section 1123.03 - Zoning Permit) after appropriate reviews and approvals have been obtained and shall have the following responsibilities and duties:
(1) Administration and enforcement of this Zoning Code;
(2) Act as the Zoning Inspector; and
(3) Keep and maintain all records related to zoning permits, zoning verification requests, and zoning enforcement.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1123.01 SITE PLAN REVIEW.
(a) Purpose. The purpose of this Section is to provide adequate review by the Planning Commission or the City Council, as applicable, of proposed development in those zones or districts where the allowed uses are of such a nature because of their size, scale, or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety, and general welfare of the community.
(b) Applicability. Site plans for all development, except for development of one-unit dwellings and two-unit dwellings, shall be submitted and subject to the review of the Planning Commission and recommendation to City Council before any building permits may be issued.
(c) Review and Decision Authority.
(1) The Planning Commission is hereby authorized to hold public meetings, review, and take final action on proposed site plans, unless the site plan application is called up by the City Council for its review, as provided within this Section.
(2) If the Planning Commission does not take action within ninety (90) days of the City's receipt of a complete application, then the application shall be deemed to have been favorably recommended and shall thereafter proceed for final review by the City Council.
(d) Notice of Hearing. Notices of a meeting by the Planning Commission must meet the applicable standards provided in Section 1122.07 - Planning Commission.
(e) Extension of Planning Commission Decision Deadline. The applicant for a site plan review may waive the ninety (90)-day decision deadline referenced in subsection (c), above and consent to an extension of such period by giving written notice of such a waiver to the Planning Commission.
(f) Review by Planning Commission.
(1) A complete application for site plan review shall be submitted to the Planning Commission for review at a public meeting. No review shall commence, and no time limits set forth in this Section shall begin, unless and until a complete application and fee is received by the City. Completeness of the application shall be determined based upon the information required in official application forms and upon confirmation by the City Planner.
(2) Prior to the review by the Planning Commission, the City Planner shall distribute the complete application to appropriate administrative departments for review and comment. Such a review and all written comments shall be incorporated into a report that is made available to the Planning Commission at the time of their review at a public meeting.
(3) During the course of their review of an application, the Planning Commission shall consider, in addition to the criteria of subsection (g), below, the location of buildings, parking areas, and other features with respect to the topography of the lot and existing natural features such as streams and large trees. The Planning Commission shall also consider the efficiency, adequacy, and safety of the proposed layout of internal streets and driveways, parking lot landscaping and screening, comments from City departments and consultants, and other such matters as the Planning Commission may find to have a material bearing upon the applicable criteria and standards.
(g) Approval Criteria. The applicable reviewing authority shall approve a site plan application, and send its findings in writing along with the reasons therefor, to the applicant upon finding that:
(1) The plan is consistent with the Comprehensive Plan;
(2) Uses and values of property within and adjacent to the site will be safeguarded;
(3) The proposed site plan provides for a logical arrangement of buildings within the proposed development that provides consistent building spacing, proportions, and alignment, in addition to adequate space to maintain all exterior elevations of such buildings;
(4) Proposed developments will be adequately served by public Utility Facilities, public services, roadways, parking, and open space, or that such facilities and services will be provided concurrently with phased development of the site;
(5) The proposed site plan is sensitive to the natural character of site and, to the extent practical, preserves significant natural features;
(7) Vehicular and pedestrian circulation within the site and to adjacent property meets accessible route guidelines and standard best practices; and
(8) If the site is to be developed in phases, each phase shall be planned so that the above conditions are complied with at the completion of each phase.
(h) Denial. If the applicable reviewing authority finds that a proposed site plan does not meet the criteria of subsection (g), above, it shall disapprove of the proposed site plan, submitting its findings in writing along with the reasons therefor, to the applicant.
(i) City Council Authority to Call up Site Plan Applications. The City Council may call upon a site plan for its review according to the following:
(1) Notwithstanding the authority of the Planning Commission to review and approve site plans as set forth herein, the City Council may, after Planning Commission review and action, call up a site plan application for its review and final action if the City Council determines that the development's complexity, projected impacts, or proximity to conflicting land uses merits such action. Such determination shall be made by a vote of five (5) or more City Council members, by submittal of a letter to the Clerk of Council signed by five (5) or more City Council members, or by email from five (5) or more City Council members to the Clerk of Council requesting such a call up.
(2) The City Council shall exercise its authority to call up site plan applications within fourteen (14) days after final action by the Planning Commission. The Clerk of the City Council shall notify and direct the City Planner to provide the staff report for City Council review.
(3) Within thirty (30) days from the date that it receives the application and staff report for a site plan, the City Council shall take final action by either approving, approving, with conditions, or denying the application based on the factors provided in subsection (f)(3), above, and criteria provided in subsection (g), above.
(j) Approval, Expiration, and Revocation.
(1) Where approved, a copy of the site plan and all written findings shall be provided to the applicant. Approval of such a site plan shall remain in effect for no longer than 24 months from the date of approval.
(2) If the approval expires and construction has not commenced through substantial physical alterations to the subject property, then said approval shall be considered as having lapsed and shall be of no effect unless resubmitted according to the procedures of this Section. Construction shall be deemed as commenced when all necessary excavation and the installation of piers or footings of one or more principal buildings included in the approved site plan has been completed.
(3) All construction and development under any building permit shall be in accordance with the approved site plan. Any departure from such a plan shall be cause for revocation of a building permit or an occupancy permit.
(k) Modification of Approved Site Plan. Any proposed changes to an approved plan must be resubmitted for approval according to the procedures of this Section.
(l) Denial, Resubmission, and Appeal.
(1) Where denied, a copy of the site plan and all written findings shall be provided to the applicant.
(2) An application for a site plan review that is substantially similar to a formally denied site plan shall not be accepted by the City within ninety (90) days of the final action by the Planning Commission or the City Council, as applicable. The City Planner shall confirm if a submitted application is or is not substantially similar based on a comparison of the denied application and the submitted application. Such confirmation shall include a review of the proposed uses and the locations of buildings, structures, roads, and other features.
(3) Any person aggrieved by a final decision of the Planning Commission may seek relief therefrom in a court of competent jurisdiction.
(m) Application Requirements. Applications for final site plan review shall include the following information. Where the information includes dimensions, such information shall be provided at a scale permitting adequate detail to ascertain compliance with dimensional standards of this Code:
(1) Location, height, and square footage of all buildings and structures;
(2) Location and dimensions of parking facilities, parking space summary data, access roads, and drives;
(3) Location of exterior lighting and photometric plan;
(4) Topography of the subject property;
(5) Current existing features and improvements on the subject property;
(6) Proposed grading of the subject property;
(7) Locations, dimensions, and types of landscaping, screening, green areas, open space calculations, and building coverage calculations;
(8) For final site plan approval: stormwater management calculations;
(9) A draft inspection and maintenance agreement for stormwater control measures;
(10) A tree and vegetation survey and protection plan;
(11) An environmental impact assessment (if applicable per Section 1112.04 - Environmental Impact Assessment);
(12) The application fee as established by ordinance; and
(13) Any other information necessary to evaluate the application against the approval criteria and to evaluate compliance with applicable provisions of this Code. (Ord. 68-24. Passed by Electorate 11-7-24.)
1123.02 SIGN PERMIT.
(a) Applicability. A sign permit must be approved prior to the installation, construction, erection, alteration, relocation, or replacement of all signs that are not explicitly exempted from requiring a sign permit per Chapter 1116 - Signs.
(b) Review and Decision Authority. Pursuant to Chapter 1116 - Signs, signs that are only allowed with approval of a sign permit are subject to the following:
(1) Sign permit applications for signs that are six (6) square feet or less in surface area are reviewed by, and a final decision is made within ten (10) business days by, the Zoning Administrator (Section 1122.08 - Zoning Administrator).
(2) Sign permit applications for signs that are greater than six (6) square feet in surface area are reviewed by, and a final decision is made by, the Architectural Review Board at a public meeting (Section 1122.02 - Architectural Review Board).
(c) Approval Criteria. The Zoning Administrator or the Architectural Review Board, as required per subsection (b), above, shall approve a sign permit application only upon finding:
(1) The design, size, scale, shape, color, illumination, location, and orientation in relation to the street, site, topography, other structures on the site for the proposed sign(s) meets all applicable standards of Chapter 1116- Signs; and
(2) The proposed sign(s) and its associated features does not conflict with the purposes, objectives, and intent of Chapter 1116- Signs.
(d) Notice of Public Meeting. Notices of a meeting by the Architectural Review Board must meet the applicable standards provided in Section 1122.02 - Architectural Review Board.
(e) Required Application Information. A sign permit application must include the following information for each proposed sign:
(1) A site plan that identifies on a lot the location of public entrances associated with the sign application;
(3) A site plan showing any required clear sight triangles (as required per Section 1114.05 - Clear Sight Triangle);
(4) The number and type of sign proposed;
(5) A site plan showing the sign's location, orientation, and setback from each property line of the subject lot;
(6) The proposed sign design and layout, including the materials, colors, letters, lines, symbols, surface area, height from grade level to the sign's top edge, and height from grade level to the sign's bottom edge;
(7) If a maximum display period applies: the proposed display duration and the date that the sign will be removed;
(8) For proposed monument signs: a site plan measuring the proposed separation between the proposed monument sign and existing or proposed walls signs on the same lot, and the proposed separation between the proposed monument sign and existing or proposed monument signs on the same lot and/or abutting lots;
(9) The proposed illumination of the sign, including the number and types of lamps and lens material;
(10) Color photographs of existing buildings on the subject lot;
(11) Colored renderings of the sign design;
(12) The name of the sign contractor or company;
(13) The application fee as established by ordinance; and
(14) Details and specifications for the construction, erection, and attachment of the sign, as may be required by the building code.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1123.03 ZONING PERMIT.
(a) Applicability. A zoning permit shall be issued only in conformity with the provisions of this Zoning and Development Code and with other provisions of the City's Codified Ordinances. Accessory buildings, structures, uses, site facilities/fixtures and grading/drainage projects shall require review and approval of a Zoning Permit Application prior to their construction, erection, installation, alteration or commencement.
(b) Specific Standards.
(1) Accessory Buildings and Uses (subject to the provisions of Section 1109.01 - Accessory Buildings and Uses); an;
(c) Exemptions. The following types of work are exempt from requiring an approved zoning permit:
(1) Removal of fences that do not enclose a pool (as required by subsection 1109.01(n), above).
(2) Projects previous approved by Planning Commission through the site plan review process.
(d) Review and Decision Authority and Criteria. Zoning permit applications are reviewed by the Zoning Administrator (Section 1122.08 - Zoning Administrator). A zoning permit shall be approved only if the following conditions are met:
(1) The submitted application provides complete information to allow for review against applicable standards of this Code;
(2) The content of an application for a proposed use meets all applicable standards of this Code, including the standards of Table 1108.02-A: Residential Zones Use Permissions or Table 1108.02-B: Non-Residential Zones Use Permissions, as applicable;
(3) The content of an application for a proposed building meets all applicable standards of this Code, including the standards of Title 41113.02 - Comprehensive Dimensional Standards; and
(4) The City Engineer has reviewed and approved any required topography plans and survey documents associated with the application.
(e) Approval and Issuance.
(1) Where an application meets the review criteria, the Zoning Administrator shall issue an approval in writing to the applicant and retain a copy of the approval for the City's records.
(2) The zoning permit shall become void at the expiration of six (6) months after the date of issuance if the approved construction has not started or if the approved use has not been implemented. Following the expiration of approval, a new zoning permit approval will be required before the work can begin.
(f) Denial and Appeal.
(1) Where an application does not meet the review criteria, the Zoning Administrator shall issue a denial in writing to the applicant and retain a copy of the denial for the City's records. This provision shall not be construed to prevent an application from being amended in a timely manner to facilitate additional review by the Zoning Administrator.
(2) A written denial by the Zoning Administrator may be appealed to the Board of Zoning and Building Code Appeals per Section 1125.01 - Appeal of Administrative Decision.
(g) Application Requirements. Applications for a zoning permit shall include the following information, as applicable:
(1) A plot plan drawn to scale showing the exact dimensions of the lot to be built upon;
(2) A site plan showing any required clear sight triangles (as required per Section 1114.05 - Clear Sight Triangle);
(3) The location of all building existing upon said lot;
(4) The location, dimensions, height, and bulk of structures to be erected;
(5) The intended use;
(6) The proposed number of sleeping rooms, dwelling units, occupants, employees, and other uses;
(7) The yard, open area, and parking space counts and dimensions;
(8) The application fee as established by ordinance; and
(9) Any other pertinent data that may be necessary to determine and provide for the enforcement of this Code.
(h) Additional Required Information for Fence Work. In addition to any pertinent information required in subsection (g), above, a zoning permit application for a fence must be made in writing upon printed forms furnished by the Zoning Administrator and must include the following:
(1) Fence specifications including material, height, color, etc.
(2) Where a fence is proposed to be constructed on a lot line but is not designed of maintenance-free materials or constructed so that it can be dismantled exclusively from the owner's side of the fence: A written and executed agreement between abutting lot owners regarding the fence type and composition that provides access from the abutting lot owner to the fence owner on the abutting lot owner's property for the purpose maintaining the fence.
(i) Additional Required Information for Landscaping Work. In addition to any pertinent information required in subsection (g), above, if the protection of existing trees and/or new tree plantings are required for conformance with the landscaping requirements of Section 1114.03 - Landscaping and Buffering Standards, a zoning permit application must include a landscape plan with information indicating the location and size of such existing and/or proposed trees. (Ord. 68-24. Passed by Electorate 11-7-24.)
1123.04 ZONING USE CERTIFICATE.
(a) A Zoning Certificate shall be applied for by the owner or proposed occupant prior to the establishment of a business or a change in occupancy. Before constructing, changing the use of, or altering any building, including accessory buildings, or changing the use of the premises, application for a Zoning Certificate shall be made to the Department of Planning and Economic Development. Applications for a Zoning Certificate shall be subject to review for compliance with all applicable zoning regulations and standards. Site plans and conditional uses subject to Planning Commission review shall be certified through the Planning Commission and City Council approval process. (Ord. 68-24. Passed by Electorate 11-7-24.)
1124.01 DEVELOPMENT AGREEMENT.
(a) Purpose. A development agreement is a voluntary, binding contract which may be used by the City of Twinsburg and developers to define the scope and substance of a proposed development. A development agreement assures that applicable development review regulations will not change over a projected construction period, thus securing the reasonable investment-backed expectations of landowners. From the public perspective, such assurances encourage a developer to plan comprehensive projects with consideration for efficient use of resources and to delineate major infrastructure and public benefits in association with the project. The provisions contained herein establish uniform standards for the preparation, review, and adoption of development agreements.
(b) Development Agreement as Legislative Act. A development agreement shall be a legislative act of the City of Twinsburg and shall be approved by ordinance.
(c) Applicability and Eligible Parties. The City of Twinsburg may enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property.
(d) Contents of a Development Agreement. A development agreement shall include the following:
(1) A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein;
(2) A description of the uses permitted on the property and uses specifically prohibited;
(3) A preliminary site plan, if requested by the City, containing the information required for a site plan review (in accordance with Section 1123.01 - Site Plan Review);
(4) The density or intensity of proposed uses, including the maximum size and height of buildings;
(5) Provisions for the reservation or dedication of land for public purposes;
(6) The timing and phasing of the construction of public improvements and of the development project;
(7) Assurances that adequate public facilities (including roads, water, sewer, schools, fire protection, and emergency medical services) will be available to serve the development and the areas within the project site proposed for division of real property;
(8) Provisions to protect environmentally sensitive land on the property and other measures to mitigate anticipated impacts from the development on the general public;
(9) The termination date of the development agreement, which in no case shall be later than ten (10) years from the date of execution of the development agreement;
(10) A statement acknowledging that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the eligible parties of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction;
(11) Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time, which may take the form of a letter of credit or other surety to be deposited with the City;
(12) Terms, conditions, restrictions, and requirements for subsequent discretionary actions, provided such terms, conditions, restrictions, and requirements shall not prevent the development of the property for the uses and to the density and intensity of development set forth in the agreement; and
(13) The City Council may provide for any conditions, terms, restrictions, or other requirements determined to be necessary for the public health, safety, or welfare of its citizens. Such conditions, terms, or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the City of Twinsburg, and may provide for off-site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions, and similar types of standards that would not otherwise be required of the development under existing City ordinances and regulations.
(e) Regulations Prevailing at the Time of Execution. Unless otherwise provided by the development agreement, the ordinances, rules, regulations, and official policies applicable to development of the subject property shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the agreement or those specified within the agreement, governing the permitted uses of the land, density, and design, improvement, and construction standards and specifications.
(f) Regulations Enacted Subsequent to a Development Agreement - General Rule. Ordinances, rules, regulations, and official policies that govern permitted uses of the land, density, and design, improvement, and construction standards and specifications, and that are enacted subsequent to execution of the development agreement shall not be enforced against the subject property.
(g) Exceptions from Regulations Enacted Subsequent to a Development Agreement. Notwithstanding subsection (f), above, a development agreement shall not prevent the City, in subsequent actions, from applying any of the following to the subject property:
(1) New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the development agreement;
(2) New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the development agreement;
(3) New ordinances, rules, regulations, and policies that are necessary to address a significant and immediate threat to the public health, safety, and welfare; or
(4) New ordinances, rules, regulations, and policies when the City finds that the development agreement is based on substantially inaccurate information supplied by the developer.
(h) Procedures for Consideration of Applications for Development Agreements.
(1) At such time as the City Law Director has reduced the terms of the proposed development agreement to written contractual form, the Mayor shall transmit the draft development agreement to City Council.
(2) Prior to City Council action, the development agreement shall have been reviewed at a public hearing by the Planning Commission and its recommendations shall be provided to City Council. The Planning Commission shall post public notice of the hearing fourteen (14) days before the public hearing date.
(3) The City Council may, by a majority vote, approve the form and execution of the development agreement at any regular or special meeting following Planning Commission consideration of the preliminary site plan and public hearing. Public notice shall be made in the same manner as the Planning Commission public hearing.
(i) Modification and Termination.
(1) Mutual consent. A development agreement may be canceled or modified by the mutual consent of the developer and the City acting through the City Council.
(2) Noncompliance by developer. The City Council may terminate or modify a development agreement based upon evidence that the developer, or successor in interest thereto, has not complied with the terms or conditions of the agreement.
(3) Change in applicable state or federal law. In the event that state or federal laws or regulations are enacted after execution of the development agreement and prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended to the extent necessary to comply with such state or federal laws or regulations.
(4) Procedure. The City Council may modify or terminate a development agreement using the same legislative procedures for adopting the original development agreement ordinance.
(j) Recording of the Development Agreement. No later than fourteen (14) days after execution of a development agreement, the City shall cause it to be recorded at the Summit County Auditor's office. Said development agreement and the burdens thereof shall be binding upon, and the benefits thereof shall inure to, all successors in interest to the parties to the development agreement.
(k) Subsequent Passage of State Laws and the Effect on Existing Development Agreements. In the event that State and Federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties compliance with terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant State or Federal laws. Such modification or revocation shall take place only after the notice provisions provided for in the adoption of a development agreement have been complied with. Such persons as are defined by State law shall have standing to enforce the development agreement.
(l) Enforcement. Unless amended or terminated pursuant to this chapter, a development agreement shall be enforceable by any party thereto.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1124.02 TEXT AND MAP AMENDMENT.
(a) Applicability. As specified in Section 7A.01 of the Charter of the City of Twinsburg, voter approval is required for any and all of the following:
(1) Any changes to zone or district boundaries (except as otherwise exempted in Article VIIA of the Charter);
(2) Any change in the allowed uses or prohibited in any zone or district; and
(3) Any change to the limitations and requirements related to height, density, percentage of lot occupancy, building set back lines, area dimensions of yards, and open space requirements within a zone or district.
(b) Procedure. The procedure for a text and/or map amendment that requires voter approval shall follow the requirements of Section 7A.01 of the Charter of the City of Twinsburg.
(c) Fees. A petitioner seeking a change in their property's zone or district must deposit a fee which is prescribed by ordinance, payable to the City of Twinsburg.
(d) Authority. Except where otherwise prescribed by the Charter of the City of Twinsburg, the City Council may on its own motion or on petition, after public notice and hearing, amend or change the regulations, zone, district, or building lines herein established, but no such amendment or change shall be effective unless the ordinance or petition proposing such amendment or change shall first be submitted to the Planning Commission for approval, denial, or suggestions, and the Planning Commission shall have been allowed a reasonable time, not more than seventy-five (75) days, for consideration and report.
(e) Public Hearing. Except where otherwise prescribed by the Charter of the City of Twinsburg, the City Council shall hold a public hearing prior to considering an amendment. At least 30 days' notice of such amendment and of the time and place of the hearing thereon shall be on the official website of the City of Twinsburg. If the amendment intends to rezone or redistrict 10 or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by first class mail at least twenty (20) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, at the addresses given on the last assessment roll. The failure of delivery of any such notice shall not invalidate any such amendment.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.01 APPEAL OF ADMINISTRATIVE DECISION.
(a) Applicability. An appeal of an administrative decision may be filed by an aggrieved party following a final decision or a written interpretation by an administrative body in their administration of this Code. Such appeal must be filed within twenty (20) calendar days after the decision is made or the interpretation is provided in writing. In addition to other applicable types of appeals specified in this Code, appeals may be filed against any decision made in the course of administering this Code by the:
(1) City Building Commissioner;
(2) City Engineer;
(3) Planning Commission;
(5) Zoning Administrator.
(b) Review and Decision Authority.
(1) The Board of Zoning and Building Code Appeals (BZBA) is hereby authorized to review, hear, and decide upon appeals of administrative decisions.
(2) The BZBA must decide on an appeal within ten (10) days after the public hearing, unless additional time is deemed necessary by the BZBA due to unusual circumstances, upon an adopted resolution stating the same.
(c) Effect of Filed Appeal. A filed appeal shall stay all proceedings in furtherance of the action appealed from. A stay in proceedings shall not be granted if, after the notice of appeal has been filed, the administrative officer whose decision is being appealed certifies to the Board of Zoning and Building Code Appeals (BZBA) that a stay would cause imminent peril to public health, safety, and/or welfare by reason of the facts stated in the certification. If the prevention of a stay is certified and approved, a restraining order may still be granted by the BZBA or by a court having competent jurisdiction.
(d) Decision Criteria and Issuance. In deciding on an appeal, the Board of Zoning and Building Code Appeals (BZBA) shall utilize the same decision criteria as applicable to the decision being appealed. Following their review, the BZBA shall issue in writing a final decision on an appeal to the application. Such a decision may, as applicable:
(1) Affirm the interpretation or decision of the administrative body, following the BZBA's confirmation that the administrative body was correct in their interpretation of the Code and/or the information supplied in a complete application; or
(2) Replace the interpretation or decision of the administrative body, following the BZBA's confirmation that the administrative body was incorrect in their interpretation of the Code and/or the information supplied in a complete application.
(e) Notice of Hearing. Notices of a hearing by the Board of Zoning and Building Code Appeals must meet the applicable standards provided in Section 1122.03 - Board of Zoning and Building Code Appeals.
(f) Required Application Information. All appeals and applications made to the Board of Zoning and Building Code Appeals (BZBA) shall be made in writing and on the forms prescribed therefor. Complete applications shall include:
(1) A description of the specified provision of this Code involved;
(2) A description of the interpretation that is being sought;
(3) A copy of the information supplied to the administrative body that made the decision for which the appeal is being sought;
(4) A copy of the determination made by the administrative body;
(5) The application fee as established by ordinance; and
(6) Any additional information deemed necessary by the BZBA to complete their review.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.02 CERTIFICATE OF APPROPRIATENESS.
(a) Applicability. An approved certificate of appropriateness is required per the following:
(2) A certificate of appropriateness must be issued per the provisions of this Section 1125.02 prior to the approval of a building permit or other municipal authorization that affects a historically significant property or that affects a property in proximity to a historically significant property. Applications for building permits or other municipal authorization must be promptly transmitted to the Architectural Review Board to determine if the provisions of Chapter 1117 - Historic Preservation apply.
(3) Nothing within this Section shall be construed to prevent or delay the reconstruction, alteration, or demolition of a structure or feature that has been ordered by the Building Commissioner upon certification of an unsafe condition constituting an emergency.
(4) Nothing within this Section shall be construed to govern or restrict routine maintenance activities which do not represent alterations in the exterior appearance of a historically significant building, historically significant structure, or a property in proximity thereto.
(b) Decision Authority and Review Criteria. Certificate of appropriateness applications are reviewed by, and a final decision is made by, the Architectural Review Board (Section 1122.02 - Architectural Review Board) according to the following provisions:
(1) The Architectural Review Board (ARB) shall hold a public meeting on applications for a certificate of appropriateness, notifying the applicant of the time and location of the meeting.
(3) After the public meeting, if an application is approved, the ARB shall issue the certificate of appropriateness to the applicant.
(4) After the public meeting, if an application is denied, the ARB shall notify the applicant in writing of its determination, stating the reasons and findings that were the basis for the denial.
(5) The Architectural Review Board shall make a final decision on an application for a certificate of appropriateness within 30 days following receipt of a complete application.
(c) Demolition and Moving. For applications proposing the demolition or moving of a building or structure in a location that is subject to the provisions of Chapter 1117 - Historic Preservation, the Architectural Review Board (ARB) is empowered to act in the following manner:
(1) Determination of significance. The ARB shall determine whether the proposed action will significantly detract from an area's historic character. The ARB shall consider both the intrinsic significance of the building and its significance to adjoining properties. In its consideration, the ARB shall evaluate the probably impact of the proposed action on property values and economic activity in a zone or district.
(2) Nature of action. If the ARB determines that the proposal will not significantly detract from an area's historic character, the ARB shall approve the application. Upon their determination otherwise, the ARB shall deny the application.
(3) Demolition. No structure on the historic register shall be demolished until a permit has been issued by the Zoning Administrator.
(d) Approval and Issuance. Where the applicable criteria are met, the Architectural Review Board may approve an application or approve an application with modifications and issue the same to the applicant. A certificate of appropriateness shall be approved only if the Architectural Review Board finds that the application meets and does not conflict with:
(e) Denial. Where the applicable criteria are not met, the Architectural Review Board (ARB) must deny an application. The denial of an application for a certificate of appropriateness is subject to the following proceedings:
(1) Upon denying an application for a certificate of appropriateness, the ARB shall impose a waiting period of at least thirty (30) days but not more than 180 days from the date of denial during which time the ARB shall negotiate with the applicant to develop a compromise proposal. The first meeting between the ARB and the applicant shall be held within thirty (30) days from the date of denial. A follow-up meeting shall be held at least every forty-five (45) days thereafter. If a compromise is accepted by both parties, the ARB may issue a certificate of appropriateness reflecting such a compromise.
(2) If the applicant fails to meet with the ARB in good faith at the time(s) specified, then the ARB's denial of the application will stand.
(3) In the case of applications for demolition or moving, if after holding such good faith meetings the ARB determines that failure to issue a certificate of appropriateness will create a substantial hardship to the applicant, and that such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Code, then the ARB may issue the certificate of appropriateness.
(f) Appeal. A decision on an application for a certificate of appropriateness by the Architectural Review Board may be appealed to the City Council according to the following provisions:
(1) Notice of an appeal must be made within ten (10) days of the final good-faith meeting between the applicant and the Architectural Review (as required in subsection (e), above), but shall not be made sooner than 180 days from the Architectural Review Board's initial notification of denial of a certificate of appropriateness.
(2) The City Council shall consider an appeal of a decision on a certificate of appropriateness within thirty (30) days of receipt and shall utilize the written findings of the Architectural Review Board as to present historic architectural and aesthetic features of such structure, the nature and character of the surrounding area, the use of such structure, and its importance to the community. Consideration of all appeals shall be in open public meetings. The City Council shall solicit the opinions of all interested parties present prior to deciding on the appeal. A two-thirds majority vote of the City Council shall be required to overturn a decision of the Architectural Review Board.
(3) No building permit or other permit required for the activity applied for shall be issued for the property that is subject to the appeal during the waiting period or while an appeal is pending.
(g) Notice of Hearing. Notices of a hearing by the Architectural Review Board must meet the applicable standards provided in Section 1122.02 - Architectural Review Board.
(h) Application Requirements. Each application for a certificate of appropriateness must include clear drawings and descriptions of proposed exterior alterations, additions, or changes to an applicable property and/or structure. For new construction, all existing buildings and other site improvements on the subject property must be provided in the drawings. For demolition, all proposed changes to any remaining structures and other site improvements must be provided. Drawings and descriptions shall include the following information, except where waived by the Architectural Review Board:
(1) Current photographs of the subject property documenting the current conditions of buildings and other site improvements;
(2) Existing and proposed buildings and structures on the subject property, including locations, dimensions, height, and lot lines of the subject property;
(3) Existing and proposed driveways, sidewalks, walkways, and other paved surfaces on the subject property;
(4) Existing and proposed fences, walls, lighting, signs, and other site improvements on the subject property;
(5) Existing and proposed exterior finish materials, textures, and colors for all work subject to review; and
(6) The application fee as established by ordinance.
(i) Expiration of Approval.
(1) Where approved, a certificate of appropriateness shall remain in effect for no longer than twenty-four (24) months from the date of approval.
(2) If the approval expires and construction has not commenced through substantial physical alterations to the subject property, then said approval shall be considered as having lapsed and shall be of no effect unless resubmitted according to the procedures of this Section for reapproval. For the purpose of this Section, construction shall be deemed as commenced when physical alterations to the subject property in accordance with the approved work is visible from a yard on the property.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.03 CONDITIONAL USE PERMIT.
(a) Purpose. The regulation of all uses of land and structures through this Code is accomplished by assigning each use to one or more zone or district. However, the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding long-established types of uses, call for a more flexible and equitable procedure for properly accommodating these activities in the community. The purpose of this Section 1125.03 is to afford such flexibility in a careful, sensitive, and consistent manner.
(b) Applicability.
(c) Review and Decision Authority. The Planning Commission is hereby authorized to hold public hearings, review, and make formal recommendations action on applications for conditional use permits subject to the following:
(1) Such recommendations shall be sent to the City Council for their final review and action.
(2) The Planning Commission shall place complete applications on the agenda for their next regularly scheduled public hearing for which a posted application deadline has not passed.
(3) The Planning Commission shall make a recommendation on a complete application within thirty (30) days of the date of the public hearing. This time may be extended for an additional thirty (30) days if additional information is required and requested by a majority vote of the Planning Commission for a given application.
(d) Notice of Hearing. Notices of a hearing by the Planning Commission must meet the applicable standards provided in Section 1122.07 - Planning Commission.
(e) Approval Criteria and Recommendation. The Planning Commission shall recommend approval of an application for a conditional use permit to the City Council only upon finding that the proposed use:
(1) Will be harmonious with and in accordance with the general objectives or with any specific objectives of the Twinsburg Comprehensive Plan;
(2) Will be designed, constructed, operated, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;
(3) Will not be hazardous or disturbing to existing or future neighboring uses;
(4) Will not be detrimental to property in the immediate vicinity or to the community;
(5) Will be served adequately by essential public facilities and services such as highways, streets, sewers, police and fire protection, drainage structures, refuse disposal, and schools - or that the persons or agencies responsible for the establishment of the proposed use are able to adequately provide any such services;
(6) Will be served by structures, roads, and Utility Facilities that are in compliance with the Twinsburg Subdivision Regulations, the Board of Health standards, and the building code; and
(7) Will be served by vehicular approaches to the property that are so designed as not to create an interference with traffic on surrounding public streets or roads.
(f) Final Action. The City Council shall have the final authority to approve or disapprove an application for a conditional use permit subject to the following:
(1) The City Council shall consider the formal recommendation of the Planning Commission on the application.
(2) If the Planning Commission fails to make a formal recommendation on an application within the timeframe required per subsection (c), above, then the application shall be deemed to have received a recommendation of approval from the Planning Commission and thereafter forwarded to the City Council for their review and final action.
(3) An application for a conditional use permit shall be approved by the City Council only upon the majority vote of its elected or appointed members.
(4) At its discretion, the City Council may depart from the recommendations and/or conditions of the Planning Commission in accordance with Section 7.08 of the City Charter.
(g) Conditions Authorized.
(1) The Planning Commission is hereby authorized to include conditions as part of its formal recommendation, where such conditions would, in its opinion, be necessary to ensure that the application complies with the provisions of this Code.
(2) The City Council is hereby authorized to impose conditions as part of its final action approving an application, where such conditions would be necessary to ensure that the application complies with the provisions of this Code. The City Council may accept, modify, or reject any conditions recommended by the Planning Commission.
(h) Denial and Reapplication.
(1) If the City Council disapproves an application for a conditional use permit, it shall notify the application in writing of its determination, stating the reasons and findings that were the basis for the denial.
(2) No application for a conditional use permit which has been denied wholly or in part in a final decision by the City Council or the Planning Commission, as applicable, shall be resubmitted until the expiration of 1 year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of substantially changed conditions, as confirmed by the Zoning Administrator.
(i) Expiration of Approval. An approaching expiration may be extended by an applicant that seeks in writing such an extension, where approved by the Planning Commission. An approved conditional use permit shall automatically expire with or without any action taken by the City if any of the following occurs:
(1) The applicant fails to present to the Planning Commission all required submittals for the next required approval within six (6) months from the date of the last approval granted by the City;
(2) No construction upon the authorized project is undertaking within six (6) months from the date of the last required approval by the City; and/or
(3) Substantial construction activity evidenced by the placement of materials and use of construction equipment on the subject lot lapses for a period of twelve (12) months or longer.
(j) Violations, Penalties, and Appeals. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted, and shall constitute a violation of this Code. The Zoning Administrator shall be responsible for the enforcement of this Section and shall refuse any application for additional permits based upon their determination that the conditional use permit granted pursuant to this Section has terminated. Such determination by the Zoning Administrator may be appealed to the Board of Zoning and Building Code Appeals as provided for in this Code.
(k) Required Application Information. Any application for a conditional use permit shall be submitted to the Planning Commission on a form produced by the City for this purpose. Each application shall include the following information:
(1) A completed application;
(2) A site plan of the entire property being considered, drawn to a scale that allows the plan to fit on a paper size of up to twenty-four (24) inches by thirty-six (36) inches but at a scale of not less than one (1) inch = 100 feet and showing the location of all existing and proposed structures, the type of building, and their uses;
(3) A statement supported by substantiating evidence regarding the requirements enumerated in subsection (e), above;
(4) The application fee as established by ordinance; and
(5) Any other information deemed necessary to evaluate compliance with applicable provisions of this Code.
(l) Required Information for Small Tower-mounted Wind Energy Turbine (Stmwet) Permit. A conditional use permit application for a small tower-mounted wind energy turbine (STMWET) must be made in writing upon forms furnished by the City of Twinsburg and must include the following:
(1) Name of property owner(s), address, and parcel number;
(2) A site plan with maps drawn to scale that show the proposed location of all components and ancillary equipment of the STMWET, property lines, physical dimensions of the property, existing buildings, setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, non-motorized pathways, roads, contours, and the location and uses of structures on adjoining lots;
(3) The proposed type and height of the STMWET to be constructed, including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, and a description of ancillary facilities;
(5) Documented compliance with applicable local, state, and national regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements;
(6) Proof of applicant's liability insurance;
(7) Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems are exempt from this requirement;
(8) A description of the methods that will be used to perform maintenance and lower or remove the STMWET, should the need arise;
(9) Other relevant information as may be reasonably required to review compliance with applicable standards; and
(10) Signature of the applicant.
(m) Required Information for Medium Wind Energy Turbine (Mwet) or Large Wind Energy Turbine (Lwet) Permit. A conditional use permit application for a medium wind energy turbine (MWET) or a large wind energy turbine (LWET) must be made in writing upon forms furnished by the City of Twinsburg and must include the following:
(1) The address and parcel number of the location for the proposed MWET or LWET;
(2) Name, address, and contact information of property owner(s) and operator(s);
(3) A site plan with maps drawn to scale that show the proposed location of all components and ancillary equipment of the MWET or LWET, property lines, physical dimensions of the property, land use, zone or district, contours, setback lines, rights-of-way, public and utility easements, public roads, access roads (including width), sidewalks, non-motorized pathways, large trees, existing buildings on the lot, and the location and uses of all structures and Utility Facilities within 300 feet of the lot;
(4) The proposed locations and heights of all MWETs or LWETs, buildings, structures, ancillary equipment, underground Utility Facilities and their depth, towers, security fencing, access roads (including width, composition, and maintenance plans), electrical sub-stations, and other above-ground structures and Utility Facilities associated with the proposed MWET or LWET;
(5) The proposed types of each MWET and LWET to be constructed including their manufacturer and model, product specifications (including maximum noise output as measured in decibels), total rated generating capacity, rotor diameter, and a description of ancillary facilities;
(6) Documentation from the turbine developer/manufacturer confirming specifications for the MWET or LWET minimum required tower separation;
(7) A copy of the lease, or other similar recorded document, with the property owner, if the applicant does not own the land for the proposed MWET or LWET, along with a statement from the landowner(s) of the leased property confirming that they will abide by all applicable terms of the conditional use permit, if approved;
(8) Where an MWET or LWET is proposed to be located in a subdivision or attached one-unit development: a copy of the deed, covenants, and bylaws addressing the legal arrangement for the MWET or LWET;
(9) Documented compliance with the noise and shadow flicker requirements set forth in Section 1111.11 - Wind Energy Turbines;
(10) Engineering data concerning construction of the MWET or LWET and its base or foundation, which may include but not be limited to soil boring data;
(11) Certification from a registered engineer that the MWET or LWET meets or exceeds the manufacturer's construction and installation standards;
(12) Anticipated construction schedule of the MWET or LWET;
(13) A copy of the maintenance and operation plan, including anticipated regular and unscheduled maintenance;
(14) A description of the methods that will be used to perform maintenance and lower or remove the MWET or LWET, should the need arise;
(15) Documented compliance with applicable local, state, and national regulations, including but not limited to, all applicable safety, construction, environmental, electrical, and communications regulations, including Federal Aviation Administration (FAA) requirements;
(16) Proof of the applicant's liability insurance;
(17) Evidence that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems are exempt from this requirement;
(18) A written description of the anticipated life of each MWET or LWET, the estimated cost of decommissioning, the method of ensuring that funds will be available for decommissioning and site restoration, and removal and restoration procedures and schedules that will be employed if the MWET(s) or LWET(s) become inoperative or non-functional;
(19) A written description of the agreement with the landowner(s) regarding equipment removal upon termination of the lease, if the property is not owned by the owner of the MWET or LWET;
(20) For LWETs: a site grading, erosion control, and storm water drainage plan;
(21) For LWETs: a description of the proposed routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment, or other deliveries, along with an agreement or bond which guarantees the repair of damage to public roads and other areas caused by construction of the LWET;
(22) For LWETs: a statement indicating what hazardous materials will be used and stored on the site;
(23) For LWETs: a study assessing any potential impacts on the natural environment (including, but not limited to, assessing the potential impact on endangered species, eagles, birds, other wildlife, wetlands, and fragile ecosystems, as conducted by a qualified individual);
(24) Other relevant information as may be reasonably required to review compliance with applicable standards; and
(25) Signature of the applicant.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.04 DEVELOPMENT VARIANCE.
(a) Applicability. An approved development variance is required prior to the construction of any building or structure that varies from the applicable dimensional standards of Table 1113.02-A: Residential Zones Dimensional Standards, Table 1113.02-B: Commercial and Public Zones Dimensional Standards, and Table 1113.02-C: Industrial Zones Dimensional Standards.
(b) Review and Decision Authority. The Board of Zoning and Building Code Appeals is hereby authorized to hear, review, and decide upon requests for variances. The BZBA shall not consider variances to land use permissions, and variances within a floodplain (subject to Section 1125.08 - Floodplain Development Appeals and Variances).
(c) Approval Criteria. The Board of Zoning and Building Code Appeals (BZBA) shall approve a development variance only upon finding:
(1) The strict application of the provisions of the Zoning Code would result in practical difficulty or unnecessary hardship inconsistent with the general purpose of the intent of this Code;
(2) There are exceptional circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zone or district or neighborhood; and
(3) The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such zone or district in which the variance is sought and will not materially impair the purpose of this Zoning Code.
(d) Summary Statement Required. When granting a variance, the Board of Zoning and Building Code Appeals shall provide a summary statement in the minutes describing the authority and circumstances justifying said variance.
(e) Variances for Environmental Impact Assessments. Additional variances may be granted as provided in Section 1112.04(g).
(f) Notice of Hearing. Notices of a hearing by the Board of Zoning and Building Code Appeals must meet the applicable standards provided in Section 1122.03 - Board of Zoning and Building Code Appeals.
(g) Appeal. Appeals of decisions from the BZBA must follow the applicable provisions of Section 1122.03 - Board of Zoning and Building Code Appeals.
(h) Application Requirements. A complete application for a development variance must include the following information. Where the information includes dimensions, such information shall be provided at a scale permitting adequate detail to ascertain compliance with dimensional standards of this Code:
(1) A site plan showing the lot lines, dimensions, and square footage of the subject lot;
(2) A site plan showing existing buildings on the lot with setbacks marked and a calculation of existing area of impervious surfaces;
(3) A site plan showing proposed buildings or additions thereto with setbacks marked and a calculation of proposed area of impervious surfaces;
(4) Elevations of existing and proposed buildings showing the dimensions of their heights;
(5) The application fee as established by ordinance; and
(6) Any other information necessary to evaluate the application against the approval criteria and to evaluate the application for compliance with applicable provisions of this Code.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.05 EXCEPTION.
(a) Applicability. An exception must be approved prior to the extension of a nonconforming use as provided herein.
(b) Review and Decision Authority. Requests for exceptions are reviewed and decided by the Board of Zoning and Building Code Appeals. The BZBA is hereby authorized to impose conditions as it deems necessary to protect the public health, safety, and welfare in the furtherance of the purposes and intent of this Code upon an approval of exception.
(c) Approval Criteria and Issuance. The Board of Zoning and Building Code Appeals shall approve an exception only upon finding the following and issuing an approval in writing to the applicant:
(1) Such extension or alteration is necessary and incidental to the existing use(s);
(2) Such extension or alteration will not be of substantial detriment to the public interest or to property or improvements in the neighborhood;
(3) Such extension or alteration will not materially impair the purpose and intent of this Code; and
(4) For the extension of a nonconforming use, such extension or alteration is not a change in use or a substantial addition (representing 50% or more of the square footage of the existing use).
(d) Denial. Where an application does not meet the approval criteria, the Board of Zoning and Building Code Appeals shall issue a denial in writing to the applicant and retain a copy of the denial for the City's records.
(e) Notice of Hearing. Notices of a hearing by the Board of Zoning and Building Code Appeals must meet the applicable standards provided in Section 1122.03 - Board of Zoning and Building Code Appeals.
(f) Required Application Information. A complete application for an exception must include:
(1) A site plan showing the zone or district boundaries (if applicable), lot lines of the subject lot, and existing buildings and lot improvements;
(2) The existing footprint of the use(s) on the lot;
(3) The proposed areas of extension of the building and/or use;
(4) A description of the use(s) affected;
(5) The application fee as established by ordinance; and
(6) Any additional information deemed necessary by the Board of Zoning and Building Code Appeals to complete their review.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.06 SIGNAGE VARIANCE.
(a) Applicability. The provisions of this Section apply to requests to vary from the standards of Chapter 1116 - Signs.
(b) Review and Decision Authority. The Board of Zoning and Building Code Appeals (BZBA) is hereby authorized to hear and decide upon applications for sign variances per the provisions of this Section 1125.06.
(c) Approval Criteria. A signage variance shall be approved only upon a finding by the BZBA that:
(1) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent public right-of-way that would substantially restrict the effectiveness of the proposed sign, provided however, that such special circumstances or conditions must be peculiar to the particular use of the lot and are not generally applicable to all allowed uses within the given zone or district; and
(2) The variance would be in general harmony with the purposes, objectives, and intents of Chapter 1116 - Signs, and specifically would not be injurious to the neighborhood surrounding the subject lot; and
(3) The variance is the minimum deviation from the standards of Chapter 1116 - Signs necessary to allow for a reasonably effective sign.
(d) Conditions Authorized. The BZBA is hereby authorized to impose conditions upon its approval of a signage variance. Such conditions must be the smallest and/or least restrictive conditions necessary to cause or ensure that a proposed sign is compatible with the purpose, objectives, and intent of Chapter 1116 - Signs.
(e) Notice of Hearing. Notices of a hearing by the BZBA must meet the applicable standards provided in Section 1122.03 - Board of Zoning and Building Code Appeals.
(f) Appeal. Appeals of decisions from the BZBA must follow the applicable provisions of Section 1122.03 - Board of Zoning and Building Code Appeals.
(g) Application Requirements. A complete application for a signage variance must include the following information. Where the information includes dimensions, such information shall be provided at a scale permitting adequate detail to ascertain compliance with dimensional standards of this Code:
(1) A site plan showing the lot lines and existing buildings of the subject lot;
(2) A site plan showing the locations of existing signs and the setback dimensions provided between such signs and the nearest lot lines;
(3) A site plan showing the location of the proposed sign(s) and the setback dimensions between such sign(s) and the nearest lot lines;
(4) Elevations showing the locations, design, and dimensions of existing signs on the subject lot;
(5) Elevations showing the proposed location, design, and dimensions of the proposed sign(s);
(6) A description of the illumination, if any, proposed for the sign;
(7) The application fee as established by ordinance; and
(8) Any other information necessary to evaluate the application against the approval criteria and to evaluate the application for compliance with applicable provisions of this Code.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1125.07 FLOODPLAIN DEVELOPMENT PERMIT.
(a) Applicability.
(1) Unless explicitly exempted within this Section, an approved floodplain development permit is required for all development activities located wholly within, partially within, or in contact with an area subject to the provisions of Chapter 1107 - . Such development activities include, but are not limited to, filling, grading, construction, alteration, remodeling, or expanding of any structure, or alteration of any watercourse.
(2) Where it is unclear whether a development site is subject to the provisions of Chapter 1107 - , the Floodplain Administrator may require the submission of a complete application to determine if such provisions apply.
(b) Exemptions. An approved floodplain development permit shall not be required for the following work, and such work is exempt from the provisions of this Chapter 1107 - :
(1) Maintenance work such as roofing, painting, and basement sealing;
(2) Small, nonstructural development activities (other than filling and grading work) valued at less than five thousand dollars ($5,000);
(3) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701;
(4) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code;
(5) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code; and/or
(6) Development activities undertaken by a federal agency, and which are subject to Federal Executive Order 11988 - Floodplain Management.
(c) Review and Decision Authority.
(1) The Floodplain Administrator is hereby authorized to make a review and make a recommendation to the Planning Commission regarding applications for floodplain development permits. The Floodplain Administrator shall consider the approval criteria of subsection (d), below, as part of its recommendation to the Planning Commission. The Floodplain Administrator shall recommend approval or denial to the Planning Commission within 30 days of receipt of a complete application.
(2) The Planning Commission is hereby authorized to hold public hearings, review, and take final action on applications for floodplain development permits.
(d) Approval Criteria. A floodplain development permit shall be approved only upon a finding by the Planning Commission that:
(2) All necessary permits for the work associated with the application have been received from those federal, state, or local governmental agencies from which prior approval is required, including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(e) Conditions Authorized. The Planning Commission is hereby authorized to include conditions as part of its final decision on an application where such conditions would, in its opinion, be necessary to ensure that the application complies with the provisions of this Code.
(f) Revocation of Permit and Appeal. The Floodplain Administrator shall revoke an approved floodplain development permit upon confirmation if the actual development activity does not conform to the terms of the application and permit granted thereon. The Floodplain Administrator's decision to revoke a floodplain development permit may be appealed in accordance with the provisions of Section 1125.08 - Floodplain Development Appeals and Variances.
(g) Expiration of Permit. An approved floodplain development permit shall automatically expire two (2) years after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion without a lapse of construction activity longer than six (6) months.
(h) Periodic Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with an approved floodplain development permit.
(i) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency (FEMA) Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) The applicant must obtain a Letter of Map Revision from the Federal Emergency Management Agency for any development proposal subject to Subsection 1107.04(B).
(j) Required Application Information. An application for a floodplain development permit shall be made by the owner of the property or their authorized agent on a form furnished by the City for this purpose. A complete application includes the following:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question, the location of existing or proposed structures, fill, storage or materials, drainage facilities, and the location of the foregoing;
(2) Elevation of the existing, natural ground where structures are proposed;
(3) Elevation of the lowest floor, including basements, of all proposed structures;
(4) A technical analysis conducted by an appropriate design professional registered in the State of Ohio that certifies flood-proofing for nonresidential floodproofed structures are compliant with Subsection
(5) A technical analysis conducted by an appropriate design professional registered in the State of Ohio that certifies fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Subsection Title 21107.02(F) are designed to automatically equalize hydrostatic flood forces;
(6) A technical analysis conducted by an appropriate design professional registered in the State of Ohio that confirms any watercourse alteration or relocation will not cause their flood-carrying capacity to be diminished, and that the standards of Subsection Title 21107.02(D) are met;
(7) A hydrologic and hydraulic technical analysis conducted by an appropriate design professional registered in the State of Ohio demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway in compliance with Subsection Title 21107.02(B);
(8) A hydrologic and hydraulic engineering analysis conducted by an appropriate design professional registered in the State of Ohio showing that the impact of any development of flood heights in an identified floodway is in compliance with Subsection Title 21107.02(B), or in compliance with Subsection - FD Flood Damage Reduction Overlay Development Standards Base flood elevations for subdivisions and large-scale developments as required by Subsection - FD Flood Damage Reduction Overlay Development Standards(B);
(9) The application fee as established by ordinance; and
(10) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of, this Code. (Ord. 68-24. Passed by Electorate 11-7-24.)
1125.08 FLOODPLAIN DEVELOPMENT APPEALS AND VARIANCES.
(a) Applicability.
(1) Any person believing that the use and development standards of Chapter 1107- would result in unnecessary hardship may file an application for a variance.
(2) An approved floodplain variance is required prior to construction or other development activity that includes but is limited to filling, grading, construction, alteration, remodeling, or expanding of any structure, or alteration of any watercourse wholly within, partially within, or in contact with any identified special flood hazard area, as established in Subsection 1107.01(e), that does not conform with the standards of Chapter 1107 - .
(3) A requested variance shall not be issued within any designated floodway if the associated development would result in any increase in flood levels during the base flood discharge.
(b) Review and Decision Authority. The City Council shall have the power to authorize, in specific cases, variances in accordance with the provisions of this Section, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship.
(c) Approval Criteria. A variance for a property within a floodplain shall be issued only upon the City Council evaluating the factors provided in subsection (d), below, and finding the following:
(1) A good showing of sufficient cause;
(2) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting requirements does not constitute an exceptional hardship to the applicant;
(3) A determination that the granting of a variance will not result in increased flood heights beyond the permitted maximum, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local locals;
(4) A determination that the structure or other development is protected by methods to minimize flood damages; and
(5) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Required Consideration Factors. In considering such variance applications, the City Council shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
(1) The danger that materials may be swept onto other lands in the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;
(6) The necessity to the facility of a waterfront location, where applicable;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public Utility Facilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(e) Conditions for Floodplain Variances. The City Council is authorized to impose conditions on the approval of a floodplain variance as it deems necessary to further the purposes of these regulations. The following conditions apply generally to floodplain variances:
(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items listed above have been fully considered. As the lot size increased beyond one half acre, the technical justifications required for issuing the variance increased.
(2) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(f) Appeals of Floodplain Administrator Decisions. The decision to revoke a floodplain development permit may be appealed to the City Council in accordance with the following:
(1) Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the City Council provided that such person shall file, within thirty (30) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such an appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator.
(2) Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the City Council.
(3) Upon receipt of the notice of appeal, the City Council shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide on the appeal within a reasonable time after it is submitted.
(g) Notice of Hearing. The Clerk of Council shall schedule a public hearing within 30 days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, notice of such hearing shall be published on the City's official website at least 10 days before the date of the hearing.
(h) Procedure at Hearing.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the City Council, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The Floodplain Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse part or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The City Council shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and serve shall be collected in advance from the applicant.
(8) The City Council shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing, or the decision may be issued in writing within a reasonable time after the hearing.
(i) Required Application Information. Any owner, or agent thereof, of property within a floodplain for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the City Council. Such an application at a minimum shall contain the following information:
(1) The name, address, and telephone number of the applicant;
(2) A legal description of the property;
(3) A parcel map;
(4) A description of the existing uses;
(5) A description of the proposed uses;
(6) The location of the floodplain;
(7) A description of the variance sought;
(8) The full fee, as set by ordinance; and
(9) A statement detailing the reason for the variance request.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1126.01 APPLICABILITY AND CLASSIFICATION.
(a) Applicability.
(1) A subdivision must be approved prior to the issuance of building permits, occupancy permits, and/or zoning permits for proposed subdivisions of land. All applications for divisions of land shall be reviewed in accordance with the regulations of this Chapter 1126 and with Chapter 711 of the Ohio Revised Code.
(2) The Planning Commission will not review any portion of a subdivision located in areas subject to periodic flooding as shown on the City of Twinsburg Flood Insurance Rate Map, unless the developer or subdivider can prove to the satisfaction of the City Engineer by construction plans that such improvement will be made so as to render the area substantially safe from such flooding and that they will complete the work before approval by City Council of the record plat.
(b) Classification of Subdivisions. Upon the submission of an application to divide property, the Planning Commission, upon the recommendation of the City Planner or their authorized representative, shall classify the proposed division as a minor subdivision, as a major subdivision, or as being exempt from the provisions of Section 711.001(B) of the Ohio Revised Code. Major subdivisions are any subdivisions that do not qualify as minor subdivisions. Minor subdivisions include the following:
(1) Subdividing a property into five (5) or less lots with no new roads or road widening required;
(2) Replatting previously platted property into the same number of lots or fewer lots than as previously platted; and
(3) Consolidating two or more existing lots into a single lot.
(c) Subdivision Design Standards. The design of subdivisions and associated features must conform to the applicable standards of Chapter 1118 - Subdivision Construction and Design Standards. (Ord. 68-24. Passed by Electorate 11-7-24.)
1126.02 MINOR SUBDIVISION REVIEW PROCEDURE.
(a) Review Procedure for Minor Subdivisions. The following procedures shall apply in the review of applications classified as minor subdivisions:
(1) The City Planner or their authorized representative will confirm if an application is complete and provide a written recommendation to the Planning Commission regarding the application's compliance with applicable standards of this Code.
(2) If the Planning Commission determines, following review of a recommendation from the City Planner, that the application complies with applicable platting, subdividing, and/or zoning regulations, then the Planning Commission shall approve the application and provide the applicant and Mayor with a written notice of this action. Approved Planning Commission minutes shall serve as written notice.
(3) On presentation of an instrument of conveyance of said parcel, the Mayor or their authorized representative shall sign and date it.
(4) If the Planning Commission does not approve the proposed division, then it shall notify the applicant in writing with a copy of the meeting minutes, stating that the application has been denied and the reasons therefor.
(b) Minor Subdivision Application Requirements. When approval of a division of real property classified as a minor subdivision is sought by an applicant, the following items shall be submitted to the Planning Commission:
(1) One (1) copy of a completed minor subdivision application, signed and dated by the applicant;
(2) The review fee;
(3) An accurate and current survey description of the proposed minor subdivision prepared in accordance with Chapter 4733-37 of the Ohio Administrative Code (also known as "Minimum Standards for Boundary Surveys in the State of Ohio") by a professional surveyor registered with the State of Ohio. The distance and bearing of each lot line shall be provided. Distances shall be to the nearest 1/100th of a foot and bearings to the nearest second. The dimensions of all curves shall include the following information: radius, arc length, and chord or chord bearing. The area in acres shall be provided for the lot. The area in the lot shall be calculated to the third decimal place. The surveyor's name, registration number, and date of survey shall be provided; and
(4) A survey map prepared in accordance with Chapter 4733-37 of the Ohio Administrative Code (also known as "Minimum Standards for Boundary Surveys in the State of Ohio"), signed and dated by a professional surveyor registered with the State of Ohio (including registration number and seal) of the proposed minor subdivision. The surveyor shall certify that they have surveyed the premises and prepared the survey map in accordance with the provision of Chapter 4733-37 of the Ohio Administrative Code. In addition to the Ohio Administrative Code requirements, the survey map shall show the information specified in Subsection (C), below.
(c) Survey Map Requirements. Survey maps submitted as part of an application for a minor subdivision must show the following or comply with the following, in addition to the applicable requirements of Chapter 4733-37 of the Ohio Administrative Code:
(1) Scale, north arrow, township name, tract name, and lot or section number;
(2) All lot boundaries showing the distances, bearings, and curve date (if any), and the total area of the lot (in acres);
(3) All easements with distances and bearings, both existing and proposed, within or adjacent to the lot;
(4) All existing roads with distances and bearings within or adjacent to the lot and all proposed adjacent roads;
(5) The location, type, dimensions, and distances to property lines of any existing buildings or structure on the lot and adjacent thereto;
(6) Unless existing iron pins are found, iron pins shall be set at all lot corners;
(7) The current zone or district classification of the lot(s);
(8) The sheet size shall be eighteen (18) inches x twenty-four (24) inches, or twenty-four (24) inches by thirty-six (36) inches, with a border of 0.5 inches, provided, however, that the border on the left-hand side of each sheet shall be 2.5 inches. Each sheet shall be numbered (e.g., 1 of 2, 2 of 2, etc.). If the subdivision is on more than one sheet, match lines and page references must be provided;
(9) If applicable, the proposed name of the subdivision, which shall not duplicate the name of any other subdivision already recorded in the county or a similar name in the City;
(10) A scale of 1 inch = 100 feet or a legible and easily interpreted standard engineer's scale;
(11) A vicinity map with a north arrow, drawn to a scale of 1 inch = 1,000 feet, showing the boundaries of the subdivision and proposed roads in relationship to existing and planned roads;
(12) The names of all adjacent lot owners or adjacent subdivision names with volume and page number of owner's deed or plat book volume and page number of subdivision as recorded with the County Recorder;
(13) If jurisdictional wetlands exist within the subdivision, it shall be the responsibility of the developer to consult with the U.S. Department of the Army, Corps of Engineers. The developer is encouraged to place jurisdictional wetlands in common open space or to delineate an easement generally around such wetlands and to devise and record covenants and restrictions running with the land to preserve and protect them;
(14) If applicable: notarized certification by the owner of the subdivision, signature, and date that the survey represents their subdivision of land that they have offered for dedication to public use improvements or other areas shown thereon that will be used for public purposes and granted any easement(s) shown on the survey to the appropriate entity;
(15) The following notations for approval with spaces for signatures and dates shall be provided on the survey: (a) approval by the City Engineer confirming their review of the proposed minor subdivision, (b) approval by the chairperson and secretary of the Planning Commission, and (c) approval by the Mayor of the City of Twinsburg; and
(16) For recording by the County Recorder.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1126.03 MAJOR SUBDIVISION REVIEW PROCEDURE.
(a) Review Procedure for Major Subdivisions. Applications for major subdivisions shall be reviewed according to the following procedures and as further described within this Section 1126.03:
(1) An introductory meeting and sketch plan;
(2) Submission of a preliminary plat and a final plat;
(3) Review of a preliminary plat; and
(4) Review of a final plat.
(b) Concept Plan.
(1) The developer or their representative is encouraged to meet with the City Engineer, Mayor, and City Planner prior to the submission of a preliminary and final plat for review. The purpose of this meeting is to informally discuss the regulations (including the criteria and standards) that apply to major subdivisions through the City's thoroughfare plan, applicable zoning regulations, and other matters relative to the platting process in order to provide direction to the developer or their representative in the preparation of the preliminary and final plats.
(2) The developer or their representative is also encouraged to submit a concept plan to the Planning Commission for discussion purposes at a work session meeting. No review fee shall be imposed for a concept plan review.
(c) Submission of a Preliminary Plat and a Final Plat.
(1) A preliminary plat and a final plat for a major subdivision may not be submitted concurrently by the developer or applicant.
(2) No final plat for the subdivision of land shall be recorded until approved by the Planning Commission and the approval is endorsed thereon by the chairperson of the Planning Commission.
(3) No final plat for the subdivision of land shall be recorded until such plat is accepted by City Council and all necessary guarantees are submitted and approved by the City Administration.
(4) Prior to the time of submission of the final plat, the developer must also submit the improvement plans and the Stormwater Pollution Prevention Plan (SWPPP) to the applicable reviewing agencies.
(d) Submission Requirements for a Preliminary Plat. The developer or applicant shall submit the following documents to the Planning Commission, which the secretary of the Planning Commission shall stamp with the date of receipt, as part of a review of a preliminary plat:
(1) A completed preliminary plat application, signed and dated by the applicant or their authorized representative;
(2) The review fee; and
(3) Copies as required per the application for a preliminary plat with all of the content specified in 1126.04- Preliminary and Final Plat Application Requirements.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1126.04 PRELIMINARY AND FINAL PLAT APPLICATION REQUIREMENTS.
(a) Purpose. The purpose of this Section is to inform the developer or their authorized representative of the specific information they must provide to permit adequate review and consideration by the Planning Commission for proposed plats for major subdivisions.
(b) Required Preliminary Plat Contents. A preliminary plat shall be prepared by a registered surveyor or licensed civil engineer. The preliminary plat shall, at a minimum, contain the following information or comply with the following:
(1) Each sheet shall be eighteen (18) inches by twenty-four (24) inches in size, or twenty-four (24) inches by thirty-six (36) inches in size. Each sheet shall be numbered (e.g., 1 of 2, 2 of 2, etc.). If the subdivision is on more than one sheet, match lines and page references shall be provided;
(2) The proposed name of the subdivision, which shall not duplicate the name of any other subdivision already recorded in the county or a similar name in the City;
(3) Township, tract, and original lot or section number in which the subdivision is located;
(4) Scale of 1 inch = 100 feet or a legible and easily interpreted standard engineer's scale;
(5) North arrow and date of plat;
(6) The name and address of the owner and/or developer;
(7) The name and address of the registered surveyor who surveyed it and prepared the plat;
(8) The subdivision boundary dimensions may be based upon a survey of the premises or upon existing deed records, as recorded in the County Recorder's office, provided such records are adequate. Certification, signature, and seal of the registered surveyor who surveyed the subdivision and prepared the plat, that the plat represents a boundary survey made by them in accordance with the provisions of Chapter 4733-37 of the Ohio Administrative Code, that they have prepared the plat, and that the dimensions shown thereon are correct to the best of their knowledge and belief. If the surveyor who surveyed the subdivision did not prepare the plat, then they also should sign the plat and place their seal thereon and certify that they have surveyed the boundary of the subdivision in accordance with the provisions of Chapter 4733-37 of the Ohio Administrative Code and that the survey is correct to the best of their knowledge and belief. If the subdivision boundary dimensions are from existing deed records, then the surveyor who prepared the plat shall indicate the same thereon. They shall also state that they have prepared the plat, sign and date the plan, place their seal thereon;
(9) A vicinity map with a north arrow, drawn to scale of 1 inch = 1,000 feet, showing the boundaries of the subdivision and proposed roads in relationship to existing and planned roads;
(10) A statement outlining the proposed method of sewage disposal and water supply to service the subdivision;
(11) A statement outlining the following municipal zoning requirements in effect at the time the plat is submitted: the zone or district, minimum lot area(s), minimum lot frontage requirement(s), and minimum required setbacks from front, side, and rear lot lines;
(12) The approximate locations and types of any existing buildings or structures in the subdivision or that are adjacent to its boundaries including historical structures;
(13) The names of all adjacent lot owners or adjacent subdivision names with volume and page numbers of owner's deed, or plat book volume and page numbers of such subdivisions as recorded with the County Recorder;
(14) The names of all existing and proposed roads adjacent to or within the subdivision. Proposed road names shall not duplicate existing road names recorded in the city. In addition, roads with similar names shall not be allowed (e.g., Oak Tree Trail, Oak Ridge Drive, Oak Wood Court, etc.). If an existing road is to be continued, such continuation shall have the same name as the existing road;
(15) The location, right-of-way width, and dimensions both at the right-of-way margin and centerline for all existing and proposed roads both adjacent to and within the subdivision. The dimensions may be approximate according to scaled measurements;
(16) The purpose, location, width, and dimensions of all existing and proposed easements, including utility and oil and gas easements, both adjacent to and within the subdivision pursuant to existing deed records or other available information. Existing and proposed utility lines, drainage pipes and structures, oil and gas pipelines, wells, tank batteries, pipelines, cable, or any other appurtenant structures and the like, whether for public or private use, shall be within specifically delineated easements on the plat. Such easement rights may include the right to install, construct, reconstruct, maintain, and remove such facilities and related appurtenances within said easement as well as the right of ingress and egress. The dimensions of easements may be approximate according to scaled measurements;
(17) The location, boundaries, owner's name, and volume and page number of the recorded deed of any lot(s) not platted and already divided out of the original tract. Such lot(s) shall be labeled "not a part of this subdivision." Such lot(s) shall not be numbered;
(18) Existing ground elevations in the subdivision, showing contours with an interval of not more than five (5) feet if ground slope is in excess of four percent (4%), or with an interval of two (2) feet if ground slope is four percent (4%) or less;
(19) Pursuant to 4 CFR 60.3 (B)(3), if a subdivision contains more than fifty (50) lots or five (5) acres, whichever is the lesser, the 100-year base flood elevation data shall be provided and the boundary of the flood hazard area shall be delineated on the plat as shown on the Flood Insurance Rate Map(s) issued by the Federal Emergency Management Agency. The base flood elevation data and the boundary of the flood hazard area shall be delineated on the plat. The developer is encouraged to place flood hazard areas in common open space or to delineate an easement generally around such areas and to devise and record covenants and restrictions running with the land to preserve and protect them. If a subdivision is in a flood-prone area, the Planning Commission shall review such proposals to assure that all public Utility Facilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage. If there are no flood hazard areas in the subdivision pursuant to the Flood Insurance Rate Map(s), then a statement shall be provided on the preliminary plat indicating the same;
(20) The detailed soils in the subdivision shall be identified and the boundaries thereof shall be delineated on the plat. Any jurisdictional wetland area(s) under the purview of the U.S. Department of the Army, Corps of Engineers, shall be identified and the boundaries thereof shall be delineated on the plat. The source of information pertaining to detailed soils and wetlands (if any) within the subdivision shall be documented on the plat. Such information pertaining to detailed soils and wetlands (if any) should be based upon an on-site investigation conducted by a qualified professional geologist or professional geotechnical engineer. If jurisdictional wetlands exist within the subdivision, it shall be the responsibility of the developer to consult with the U.S. Department of the Army, Corps of Engineers, and the Ohio Environmental Protective Agency, regarding applicable regulations. The developer is encouraged to place jurisdictional wetlands in common open space or to delineate an easement generally around such wetlands and to devise and record covenants and restrictions running with the land to preserve and protect them. If no jurisdictional wetlands exist within the subdivision, a statement on the plat shall be provided indicating the same. The developer shall be responsible for following applicable federal and state regulations for jurisdictional wetlands, regardless of the statement on the plat;
(21) The boundary lines of the subdivision showing the bearings and dimensions as surveyed by a registered surveyor or pursuant to existing deed records, as recorded in the County Recorder's office;
(22) The boundary lines of each lot in the subdivision with dimensions;
(23) Lots in the subdivision shall be numbered progressively. If the subdivision is phased, lots shall be numbered in progressive order as each phase is submitted;
(24) The area in square feet shall be given for each lot, which may be rounded to the nearest tenth of a foot;
(25) The dimensions and location of the minimum building setback requirements in accordance with the applicable zone or district in which the subdivision is located;
(26) The location, boundaries, dimensions, and acreage of any open space areas, recreation areas, common areas, water and sewage treatment sites, storm water retention or detention sites, and any other public or private sites or lots. The dimensions may be approximate according to scaled measurements; and
(27) A tabulation of the total subdivision data including the area in sublots (in acres), area in roads (in acres), area in open spaces, common areas, recreation areas, water and sewage treatment sites, and any other public or private sites (in acres), the total area in the subdivision (in acres), the total length of roads (in lineal feet), the total number of sublots, and if two-unit dwellings or multi-unit dwellings are proposed, a statement regarding the number of buildings and dwelling units contained therein for each proposed lot and the total number of buildings and dwelling units for the entire subdivision.
(c) Required Final Plat Contents. A final plat shall be prepared and legibly drawn by a professional surveyor, registered with the State of Ohio, based upon their survey of the premises in accordance with the provisions of Chapter 4733-37 of the Ohio Administrative Code. The final plat shall, at a minimum, contain the following information or comply with the following:
(1) All information required in subsection (b), above, except as modified herein;
(2) A hardcopy set of drawings completed in black in on mylar sheets sized eighteen (18) inches x twenty-four (24) inches, or twenty-four (24) inches x thirty-six (36) inches, with a border of 0.5 inches, provided, however, the border on the left-hand side of each sheet shall be 2.5 inches, with each sheet numbered (e.g., Page 1 of 3, Page 2 of 3, etc.);
(3) A label including the phrase "Final Plat;"
(4) A digital file containing the same information as the hardcopy(ies) and submitted in a format compatible with the City's GIS system;
(5) If the subdivision drawings require more than one sheet, the pages must include match lines and page reference numbers;
(6) All dimensions, angles, and bearings are to be referenced to the nearest established road lines, recognized permanent monuments, township tract, lot lines, section lines, and other established control points;
(7) All bearings shall be to the nearest second, and all dimensions shall be to the nearest 1/100th of a foot, unless otherwise specified;
(8) All curve dimensions shall include measurements of the radii, arcs, chords, chord bearings, central angles, and tangents, unless otherwise specified;
(9) The location, right-of-way width, bearings, and dimensions of all existing and proposed roads both adjacent to and within the subdivision both at the right-of-way margin and centerline;
(10) The boundary lines of the subdivision showing the bearings and dimensions as surveyed by a registered surveyor;
(11) The boundary lines of each lot in the subdivision with bearings and dimensions;
(12) The bearings of all existing and proposed easements, both adjacent to and within the subdivision, in addition to other information required for such elements per subsection (b), above;
(13) The location, boundaries, bearings, dimensions, and acreage of any open space areas, recreation areas, common areas, water and sewage treatment sites, storm water retention or detention sites, and any other public or private sites or lots, with acreage measured to the third decimal place;
(14) The location and description of all existing monuments and iron pipes or pins found and those set in the subdivision. Where new, monuments shall be encased in concrete and set in place at all subdivision corners, cast iron monument boxes shall be set at all appropriate road centerline locations and all road intersections, and iron pins shall be set at all sublot corners in accordance with the rules, regulations, and standard specifications for road improvements adopted by the City of Twinsburg pursuant to Ohio R.C. 711.01;
(15) If jurisdictional wetlands existing within the subdivision, it shall be the responsibility of the developer to consult with the U.S. Department of the Army, Corps of Engineers. The developer is encouraged to place jurisdictional wetlands in common open space or to delineate an easement generally around such wetlands and to devise and record covenants and restrictions running with the land to preserve and protect them.
(16) A tabulation of the total subdivision data including the area in sublots (in acres), area in roads (in acres), area in open spaces, common areas, recreation areas, water and sewage treatment sites, and any other public or private sites (in acres), the total area in the subdivision (in acres), the total length of roads (in lineal feet), and the total number of sublots;
(17) The plat shall be superimposed on a survey of the lands of the dedicators from which such plat is drawn, and shall contain an accurate background drawing of any metes and bounds descriptions of the lands of the dedicators from which such plat is drawn;
(18) The required final plat certifications as provided in subsection (d), below;
(19) The required final plat notations for approval as provided in subsection (e), below; and
(20) Prior to recording the final plat, the owner should record the covenants and restrictions (if any) for the subdivision with the County Recorder. The volume and page number assigned by the County Recorder for the covenants and restriction should be referenced on the plat. If a homeowners' association is to be formed, the association should be created prior to the recording of the final plat. A copy of the documentation relative to the creation of a homeowners' association should be provided to the Planning Commission.
(d) Final Plat Required Certifications. Final plats must include the following:
(1) Certification, signature, seal, and date by a registered surveyor that they have surveyed the premises and prepared the plat in accordance with the provisions of Chapter 4733-37 of the Ohio Administrative Code and that the plat is correct to the best of their knowledge and belief. If the surveyor who surveyed the subdivision did not prepare the plat, then they should also sign the plat and place their seal thereon and certify that they have surveyed the subdivision in accordance with the provisions of Chapter 4733-37 of the Ohio Administrative Code and the survey is correct to the best of their knowledge and belief;
(2) Notarized certification by the owner of the subdivision, signature, and date that the plat represents their subdivision of land and that they have offered for dedication to public use those roads, improvements, and other areas shown thereon that will be used for public purpose and granted any easement(s) shown on the plat to the appropriate entity;
(3) A notarized mortgage release statement by the financial institution that it has released its lien on the roads or other areas shown on the plat to be dedicated to public use. The statement shall be signed and dated by the appropriate official of the financial institution; and
(4) The Planning Commission shall require proof of compliance with applicable Municipal zoning ordinances regarding lot size and frontage as a basis for the approval of a final plat.
(e) Final Plat Required Notations for Approval. The following notations for approval shall appear on final plats:
(1) For approval of the plat by the chairperson and the secretary of the Planning Commission;
(2) For acceptance of the utility easement by the applicable public utility companies and the acceptance by the appropriate entity of any other easement(s) granted by the owner of the subdivision and shown on the plat;
(3) For certification of the City Engineer that they have inspected the construction of the road and related improvements on the premises and that the road has been constructed in accordance with the specifications set forth on the approved plat and plans or adequate financial guarantees have been provided;
(4) For acceptance and approval of the plat by the Mayor and Clerk of the City Council for record purposes and dedication;
(5) For transfer by the County Auditor; and
(6) For recording by the County Recorder.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1127.01 ENFORCEMENT.
(a) Violations and Penalties, Generally.
(1) Violation of the provisions of this Code or failure to comply with any of its requirements shall be deemed to be a strict liability offense and shall constitute a misdemeanor.
(2) Any person who violates this Code or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Twinsburg, Ohio. Each day such violation continues shall be considered a separate offense.
(3) Nothing herein contained shall prevent the City of Twinsburg, Ohio from taking such other lawful action as is necessary to prevent or remedy any violation.
(4) The City of Twinsburg, Ohio shall prosecute any violation of these regulations in accordance with the penalties stated herein.
(b) Violations Regarding Historic Preservation. The following enforcement provisions and penalties apply to violations of the requirements of Chapter 1117 - Historic Preservation:
(1) Whoever constructs, reconstructs, alters, changes, or demolishes any exterior feature of any structure, work of art, object, or area in violation of Chapter 1117 shall be deemed guilty of a misdemeanor and shall be fined not less than $50.00, nor more than five thousand dollars ($5,000.00).
(2) Whoever demolishes a substantial part of or all of any building in Twinsburg in violation of Chapter 1117 shall be deemed guilty of a misdemeanor and shall be fined not less than one thousand dollars ($1,000.00), nor more than twenty-five thousand dollars ($25,000.00).
(3) Whoever causes, by willful action or willful neglect, any alteration of or demolition of any building in Twinsburg in violation of Chapter 1117 shall be required to restore or reconstruct such building in accordance with plans to be approved by the Architectural Review Board. The costs of restoration or reconstruction shall be borne by the responsible party and shall apply in addition to any criminal penalty and not in lieu thereof.
(4) Notwithstanding the above provisions, in the event any environmental change is made in violation of the requirements of Chapter 1117 - Historic Preservation in any property which has been designated on the Twinsburg Local Landmarks List, the City of Twinsburg may institute appropriate proceedings to prevent such unlawful environmental damage.
(c) Violations Regarding Floodplains.
(2) Floodplain development permits issued based on plans and applications approved by the Floodplain Administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this Code and shall be punishable in accordance with the applicable provisions of this Chapter 1127.
(d) Floodplain Violation Notices. Whenever the Floodplain Administrator determines that there has been a violation of any provision of this Code, they shall give notice of such violation to the person responsible therefore and order compliance with this Code as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of this Code that have been violated, and order remedial action, which, if taken, will affect compliance with the provisions of this Code;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal; and
(5) Be served on the owner, occupant, or agent in person; or be served by registered or certified mail to the person's last known mailing address, residence, or place of business; or be posted in a conspicuous place in or on the affected dwelling.
(e) Violations Deemed a Nuisance.
(1) Buildings erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of these regulations are declared to be a nuisance per se.
(2) Any building or land use activities considered possible violations of the provisions of this Code which are observed by any Municipal Official shall be reported to the Building Commissioner or official designee.
(f) Inspection. The Zoning Administrator or Floodplain Administrator, as applicable, shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this Code.
(g) Correction Period.
(1) All violations shall be corrected within a period of thirty (30) days after a written order is issued or for a longer period of time as indicated by the Zoning Administrator or Floodplain Administrator, as applicable, in the written order.
(2) The Zoning Administrator or Floodplain Administrator, as applicable, shall initiate prosecution procedures for any violations not corrected within the specified period of time.
(h) Revocation of Permits and Approvals.
(1) The Zoning Administrator may revoke any permits they have issued pursuant to this Code for violations of the standards required for issuance of the permit. Any decision to revoke such a permit is appealable to the Board of Zoning and Building Code Appeals pursuant to Section 1125.01 - Appeal of Administrative Decision.
(2) Other permits and approvals shall be subject to revocation in accordance with the provisions specified in this Title 6 - Administration.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1127.02 GENERAL PENALTIES.
(a) Applicability. The provisions of this Section 1127.02 apply to violations of this Code where a specific penalty is not otherwise imposed.
(b) Penalty for First Violation.
(1) The owner or owners of any building or premises or part thereof where anything in violation of this Code shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, engineer, or contractor who shall assist in the commission of any such violation, and any person who shall violate any of the provisions of this Code or fail to comply therewith shall for each violation or non-compliance be deemed guilty of a misdemeanor of the third degree, the penalty for which shall be a maximum fine of five hundred dollars ($500.00) and imprisonment for a maximum period of sixty (60) days, or both.
(2) Each day such violation or failure to comply shall exist shall constitute a separate offense.
(c) Penalty for Subsequent Violations.
(1) Each subsequent violation within two (2) years of previously being convicted of or pleading guilty to the same provision of this Code shall be a misdemeanor of the first degree, the penalty for which shall be a maximum fine of one thousand dollars ($1,000.00) and imprisonment for a maximum of six (6) months, or both.
(2) Each day such violation or failure to comply shall exist shall constitute a separate offense.
(3) The court may require a person who is convicted of a violation of this Code to make restitution for all or part of the property damage it has caused by the offense and the court may require the person who is convicted to correct any violation of this Code.
(d) Authority to Act. In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this Code, the City Council, the Mayor, the Law Director, the Zoning Administrator, or any adjacent or neighboring property owner who would be especially damaged by such violation in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1127.03 SUBDIVISION REGULATIONS PENALTIES.
(a) Applicability. The provisions of this Section 1127.03 apply to violations of the subdivision and landfill regulations.
(b) Violation of the Subdivision Regulations. For any violations of the subdivision regulations, the penalty shall be as follows:
(1) Any person, whether they are the owner or an agent of the owner, who transfers any sublet, parcel, or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each sublet, parcel, or tract of land so sold. The description of such sublot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this Section.
(2) Any person who disposes of, or offers for sale or lease, for a time exceeding five (5) years, any lot, or any part of a lot in a subdivision with intent to violate the provisions of these regulations, shall forfeit and pay the sum of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each lot or part of a lot sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the City for use of the City.
(c) Other Subdivision Violations. Except as provided in subsection (b), above, the following penalties shall apply:
(1) Any person, firm or corporation found guilty of a violation of any of the provisions or requirements of these subdivision development regulations shall for a first offense be deemed guilty of a misdemeanor of the third degree, the penalty for which shall be a maximum fine of five hundred dollars ($500.00) and imprisonment for a maximum period of sixty (60) days, or both.
(2) Each subsequent violation within two years of previously being convicted of or pleading guilty to the same provision of these subdivision development regulations shall be a misdemeanor of the first degree, the penalty for which shall be a maximum fine of one thousand dollars ($1,000.00) and imprisonment for a maximum of six (6) months, or both.
(Ord. 68-24. Passed by Electorate 11-7-24.)