(A)

Role: The role of City Council in land use regulation and development approval includes: considering amendments to the text of existing planning ordinances and documents and adopting or rejecting new planning documents, considering amendments to the text of the UDO and Official Zoning Map, establishing fees, hearing appeals, accepting final plats, and confirming appointments to the Board of Zoning and Planning (BZAP) as submitted by the mayor.

(B)

Powers and duties: For the purposes of this UDO the City Council shall have the following powers and duties:

(1)

To adopt the official Master Plan of the City of Upper Arlington;

(2)

To determine the number, qualifications, and terms of the members of BZAP and confirm appointments to the Board based on those determinations;

(3)

To initiate or act upon proposed amendments, enactments to the UDO and changes to the zoning map, or changes to the UDO text per C.O. Ch. 157;

(4)

To accept final plats;

(5)

To hear appeals of the decisions of BZAP;

(6)

To decline to follow a recommendation of BZAP provided that such action is passed or approved by a majority vote of the members of the City Council;

(7)

To modify or postpone the payment of park and playground fees, upon application by the property owner, as provided for in the UDO;

(8)

To monitor and insure implementation of the principles, goals, and strategies of the master plan; and

(9)

To adopt or amend the official transportation plan and the Official Zoning Map of the City of Upper Arlington.

(A)

Role: BZAP is responsible for reviewing and recommending to City Council a master plan for the physical development of the City, the official transportation plan, the official zoning map and UDO amendments and/or enactments, amendments to the UDO regulations, preliminary plans and final plats, and other administrative development approvals.

(B)

Powers and duties: For the purposes of this UDO, BZAP shall have the following powers and duties:

(1)

To recommend to City Council a master plan for the physical development of the City;

(2)

To recommend to City Council final plats, amendments to the UDO and the official zoning map;

(3)

To make decisions on conditional uses, major site plans, variances, preliminary plans, and minor subdivisions;

(4)

To decide appeals of administrative decisions of the Director of Community Development;

(5)

To approve proposed uses that are not listed as substantially similar to a permitted or conditionally permitted use listed in the UDO;

(6)

To assist with the implementation of the principles, goals, and strategies of the master plan;

(7)

To grant variances to the standards of the UDO;

(8)

To complete design reviews;

(9)

To issue certificates of economic hardship; and

(10)

To approve historic demolition permits.

(C)

Membership: BZAP membership is in accordance with the requirements of the City of Upper Arlington Charter Chapter 15 and C.O. ch. 157.

(D)

Rules: BZAP shall adopt rules for holding regular formal meetings, work sessions and special meetings, for the transaction and disposition of its business and the exercise of its powers.

(E)

Work session: BZAP shall hold a work session prior to the regularly scheduled formal meeting unless there are no items scheduled for discussion. The purpose of this session is for the BZAP to review proposals for information and feedback prior to the filing of or in conjunction with a formal application with the Director of Community Development. The meeting shall be open to the public and include, at a minimum, a quorum of BZAP members. The agenda and materials shall be posted on the City website at least two (2) days in advance of the meeting.

(F)

Formal meeting: BZAP shall hold a formal meeting at which complete applications and cases referred to BZAP by the technical review committee (TRC) and/or the Director of Community Development shall be considered. Prior to review and action by BZAP, these applications may be reviewed by the TRC, reported on, and presented to BZAP by staff.

(G)

Consent agenda: A consent agenda may be established as part of the regular BZAP meeting agenda. The purpose of this agenda is to consider matters and applications before the Board that meet most, if not all, the applicable UDO requirements and require no further review or discussion on behalf of BZAP. The Director of Community Development shall decide the order of items to appear on the consent agenda. Items may be removed from the consent agenda and placed on the regular agenda at the request of the applicant or member(s) of BZAP. Removal of an item from the consent agenda for placement on the regular agenda requires a majority vote of BZAP members.

(H)

Conditional approvals: A BZAP vote of conditional approval shall also be considered a denial, until all of the required conditions have been met to the satisfaction of the Director of Community Development.

(Ord. No. 87-2015, § 5, 12-14-2015; Ord. No. 32-2018, §§ 5—7, 4-23-2018; Ord. No. 16-2019, § 3, 6-10-2019; Ord. No. 28-2023, § 1(Exh. A), 8-28-2023)

(A)

Role: The Director of Community Development shall administer the UDO.

(B)

Administration: For the purpose of the UDO, the Director shall:

(1)

Interpret the meaning and application of the UDO;

(2)

Issue zoning certificates, accessory use permits, sign permits, and other administrative permits;

(3)

Accept and certify, as to completeness, all submitted applications. Incomplete applications will not be placed on an agenda;

(4)

Establish and publicize the agenda for all meetings;

(5)

Place informal proposals on the agenda of the TRC and BZAP's work session;

(6)

Respond to inquiries;

(7)

Maintain permanent and current records in conformance with the City's records retention/disposition policy;

(8)

Review and approve major site plans involving changes to twenty-five percent (25%) or less of the total building area;

(9)

Review and approve minor site plans;

(10)

Serve as chairperson of the TRC; and

(11)

Provide minutes of BZAP and work session meetings.

(C)

Enforcement: The Director shall also enforce the UDO. For the purpose of the UDO, the Director shall:

(1)

Conduct inspection of sites, buildings and uses of land to determine compliance with the UDO; and

(2)

Determine the existence of any violations of this UDO, issue notifications, or initiate other administrative or legal action as needed.

(D)

All references to the Director of Community Development in this UDO shall mean the person appointed by the City Manager as the Director of Community Development pursuant to C.O. § 175.02.

(Ord. No. 6-2012; Ord. No. 87-2015, § 4, 12-14-2015)

(A)

Role: The TRC is the technical review body composed of City staff responsible for the initial review of applications submitted to the City under the UDO.

(B)

Powers and duties: The members of the TRC shall review all applications forwarded to it by the Director of Community Development and respond to other issues to be considered by the City Council and BZAP that are relevant to the purpose, intent, and implementation of the UDO and other related regulations, as determined by the Director of Community Development or BZAP.

(C)

Membership: The TRC shall be comprised of at least one (1) staff member from the departments of development, public service, and fire division. Additional persons possessing specific expertise in a matter relating to a given application or issue may be added to the TRC, as determined by the Director of Community Development including, but not limited to, parks and recreation, economic development, police division, and City Attorney.

(D)

Meetings: The Director of Community Development will serve as the chairperson to the TRC, schedule meetings, and prepare follow-up reports as appropriate. At his/her discretion, the Director of Community Development may invite the applicant to attend the TRC meeting. The TRC meeting for an application shall occur before the staff report is prepared for that application.

(Ord. No. 87-2015, § 5, 12-14-2015)

(A)

Purpose: Within the district established by this Ordinance, nonconformances include lots, uses of land, structures and land in combination that exist and were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms or this Ordinance. The legitimate interest of those who lawfully established these nonconformities are recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and/or substitution. Nothing contained in this Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure or structure and land in combination for which a zoning permit became effective and does not lapse ordinance that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. No nonconformity may be moved, extended, altered, expanded, or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of BZAP, except as otherwise specifically provided for in this Ordinance.

(B)

Incompatibility of nonconformities: Nonconformities are declared by this Ordinance to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

(C)

Avoidance of undue hardship: To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

(D)

Certificates of nonconformance: The Director of Community Development may, upon his/her own initiative, or shall upon the request of any owner, issue a zoning certificate for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The certificate shall specify the reason why the use is a valid nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are, or becoming, nonconforming. No fee shall be charged for such a certificate. One (1) copy of the certificate shall be returned to the owner and one (1) copy shall be retained by the Director of Community Development, who shall maintain, as a public record, a file of all such nonconforming lots, structures, uses of land, uses of structures, or uses of structures and land in combination.

(E)

Substitution of nonconforming uses: So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by BZAP, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that BZAP shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, BZAP may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use or other nonconforming use.

(F)

Nonconforming uses of land: At the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance. These uses may be continued so long as they remain otherwise lawful, provided:

(1)

No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;

(2)

No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance;

(3)

If any such nonconforming uses of land are voluntarily discontinued or abandoned for more than six (6) months (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located; and

(4)

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

(G)

Nonconforming structures: Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2)

Should such nonconforming structure or nonconforming portion of a structure be destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure, it shall not be reconstructed except in conformity within the provision of this Ordinance; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(H)

Nonconforming uses of structures or of structures and land in combination: If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(4)

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than six (6) months (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

(5)

When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(I)

Termination of use through discontinuance: When any nonconforming use is discontinued or abandoned for more than six (6) months, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.

(J)

Termination of use by damage or destruction: In the event that any nonconforming building or structure is destroyed by any means to the extent of more than fifty percent (50%) of the cost of replacement of such structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Ordinance.

(K)

Repairs and maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement or non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Enclosure of an existing screened porch with windows or glass panels is acceptable when both the existing roof structure and the footprint are to remain the same. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.

(L)

Nonconforming Lots of Record in Combination: If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.

(Ord. No. 96-2010, 3-17-2011; Ord. No. 87-2015, § 5, 12-14-2015; Ord. No. 16-2017, § 3, 4-10-2017; Ord. No. 66-2018, § 2, 9-24-2018; Ord. No. 7-2020, § 4, 9-14-2020)

(A)

Enforcement by Director of Community Development: It shall be the duty of the Director of Community Development to enforce this UDO in accordance with these administrative provisions. All departments, officials and employees of the City of Upper Arlington, shall comply with the provisions of this UDO, and shall issue no permit, license, or registration for any use, building or purpose in conflict with the provisions of this UDO. Any permit, license, or registration, issued in conflict with the provisions of this UDO shall be voidable by the Director of Community Development. The duties imposed on the Director of Community Development shall not constitute a limitation on the power of other enforcement officers of this city to make arrest or to institute prosecutions for violations of this UDO.

(B)

Violations and penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this UDO, or any amendment or supplement thereto adopted by the City Council of the City of Upper Arlington. Any person, firm, corporation, or other legal entity violating any of the provisions of this UDO, or any amendment or supplement, shall be guilty of an unclassified misdemeanor. Except as provided below in Subsection (E), upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than five hundred dollars ($500.00). Any person, firm, corporation, or other legal entity that is convicted of violating any of the provisions of this UDO, having been previously convicted of violating any of the provisions of this UDO, or any amendment or supplement within two (2) years of the offense charged, shall be guilty of a misdemeanor and fined not more than one thousand dollars ($1,000.00) except where Subsection E below provides otherwise. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.

(C)

Violations, remedies: In case any building is or is proposed to be used in violation of this UDO, or any amendment or supplement, the City Council, City Manager, City Attorney, Director of Community Development or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(D)

Exemptions: Government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this UDO at the discretion of the City Attorney or the Director of Community Development.

(E)

Regulation of contributing structures:

(1)

No historic demolition shall be permitted without a certificate of economic hardship or a final board review following compliance with the one hundred eighty-day period outlined in UDO Section 4.06(I)(3).

(2)

Nothing in this Ordinance shall limit the ability of the City to seek injunctive relief.

(3)

Violating the historic demolition ordinance is a strict liability offense. Whoever commits a historic demolition in violation of this Ordinance shall be fined not less than one thousand dollars ($1,000.00). Each day that a violation continues after reasonable notice shall be deemed a separate offense. The owner or tenant of any building, premises or a part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in or maintains such violation or noncompliance may be found guilty of a separate offense and suffer the penalties herein provided. In addition to a fine, a violator can be required to complete any restoration ordered by the Board. The total fines that may be imposed on a property owner for violations involving a particular contributing structure shall not exceed seventy-five thousand dollars ($75,000.00).

(4)

The City reserves the right to revoke a certificate of economic hardship that was issued based on fraudulent information provided by the applicant or anyone acting on behalf of the applicant.

(5)

Any alteration to a contributing structure which requires a building permit must first complete design review with the Director of Community Development in accordance with the requirements of sections 7.17 and 7.18. Design review shall be conducted by the Board if the alteration requires a historic demolition permit.

(Ord. No. 87-2015, § 5, 12-14-2015; Ord. No. 17-2025 meeting, § 1(Exh. A), 6-16-2025)