Upper Sandusky City Zoning Code

TITLE ONE

Zoning Administration

1111.01 DEFINITIONS.

As used in this Zoning Ordinance, the following terms shall have the meanings set forth in this chapter.

(1) Used For includes designed for and vice versa; used in the "present tense" includes the "future tense"; used in the "singular number" includes the "plural number" and vice versa; building includes structure, dwelling includes residence; lot includes plot; shall is mandatory and may is permissive.

(2) Accessory Building means a detached subordinate building that is located on the same lot as a principal building and not used or designed for human occupancy, the use of which is clearly incidental to the use of the land or to the use of the principal building.

(3) Accessory Use means a use of land or building related to the primary use which use is clearly subordinate to the principal use of the land or building, and which is not used for human occupancy.

(4) Administrative Officer means the Mayor of the City or such person duly appointed by him to administer this Zoning Ordinance.

(5) Airport means any landing area and all necessary appurtenances designed, used or intended to be used for the landing and taking off of aircraft.

(6) Alley means a right-of-way, other than a street, road, crosswalk or easement, that provides secondary access for the special accommodation of the abutting property.

(7) Alteration means any change in the nature of the use of land and/or buildings and includes any change in supporting members, beams, bearing walls, columns or girders which would tend to prolong the life of the building or use, but not including normal maintenance and repair.

(8) Arcade Sign means a sign suspended from a canopy or awning over a walkway, usually near the entrance of a business, which identifies to the passerby that particular business or use.

(9) Automobile Graveyard means any establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(10) Automobile Sales Lot means any premises used for the sale of new or used cars where any repair or service facilities are wholly within an enclosed building.

(11) Automobile Service Station means any premises used for supplying gasoline or oil at retail direct to the motoring public, including minor accessories and services for automobiles conducted wholly within an enclosed building.

(12) Basement means a story partly or wholly underground, where no more than one- half the height of the story is above the average level of the adjoining ground.

(13) Board means the Board of Zoning Appeals.

(14) Boarding House means a building, not available to transients, in which meals are regularly provided for compensation for at least three (3) but not more than thirty (30) persons.

(15) Building means a roofed structure for the shelter, support, enclosure or protection of persons, animals or property; where each part of such a structure that is separated from the rest by unbroken party walls is a separate building for purposes of this Zoning Ordinance.

(Ord. 113-9. Passed 1-17-94.)

(16) Building Area means the projected area of the buildings on a lot, including terraces, unenclosed porches, and decks, and excluding architectural appurtenances that project no more than two (2) feet.

(Ord. 98-10. Passed 8-16-99.)

(17) Building Height means the vertical distance measured from the average level of the finished grade at the front of the building to the highest point of a flat roof, to the deckline of a mansard roof or to the ridges of a gable, hip or gambrel roof.

(18) Building Line means the line that established the minimum permitted distance on a lot between the outside building wall and the lot line, also called "setback", provided that a second story or roof overhang may not project a distance of more than two (2) feet into the side yard.

(19) Business means the use of land or buildings for the purposes of purchase, sale or exchange of goods and services or for the purposes of maintaining office, recreational amusement enterprises for profit.

(Ord. 113-9. Passed 1-17-94.)

(20) Carport means a structure attached on one side to a permanent structure, with two sides remaining open, consisting of a roof supported on the open side by posts or beams, must maintain a 5 foot setback from the property line, an 8 foot distance from an adjacent property owner's building, and the same setback as a dwelling from the front property line. Any modification of this structure must be in conformity with the City Zoning Ordinance.

(Ord. 185-9. Passed 7-3-95.)

(21) City means the City of Upper Sandusky, Ohio.

(22) Commission means the Planning Commission of the City.

(23) Convenience Retail Store means a retail business which sells items such as groceries and gasoline in small quantities directly to the consumer, usually to a nearby resident or, if located on a major thoroughfare, to a transient traveler, is intended to provide and sell items as a convenience, rather than a primary place of shopping.

(24) Corner Lot means a lot at the junction of, and abutting, two intersecting or intercepting streets.

(25) Detached Building means a building that has no structural connections with another building.

(26) Drive-In means an establishment selling foods, frozen desserts or beverages to consumers, the establishment being designed, used or intended to be used for the consumption of such items on the premises outside of the building in which they were prepared.

(27) Dwelling means a building or part of a building that is used primarily as a place of abode, but not including a hotel, motel, lodging house, boarding house or tourist home.

(28) Dwelling Unit means a dwelling, or part of a dwelling, used by one family, exclusively as a place of abode.

(29) Family means one or more persons living as a single housekeeping unit, but not including an unrelated group of more than six persons or a group occupying a hotel, motel, club, nurses home, dormitory, fraternity or sorority house.

(30) Farm means an area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery or the production of livestock and poultry.

(31) Fence means any structure which serves as an enclosure, barrier, boundary, or screen whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular lot or premises; or, any materials, such as boards, posts, wire, stakes, or rails, normally used to construct the enclosure, barrier, boundary, or screen.

(32) Front Line with respect to a building, means the foundation line that is nearest the front lot line.

(33) Front Lot Line means the line marking the boundary between the lot and the abutting street, easement for street purposes, lake or watercourse, except that for a corner lot, means the line marking the boundary between the lot and the shorter of the abutting streets, easements for street purposes, lake or watercourse.

(34) Front Yard means a yard that is bounded by the front line of the principal building, by the adjacent street right-of-way or easement line, and by the segments of the side lot lines that they intercept, except on double frontage lots. On lots platted after the adoption of this Zoning Ordinance, all double frontage lots shall be required to have front yards along each street the lot fronts. For double fronted lots platted prior to the effective date of the Zoning Ordinance, one such front yard may be used as a rear yard provided the minimum front building line in such case shall be complied within placement of accessory buildings.

(35) Ground Floor Area means the area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages and exterior stairways.

(36) Ground Signs means signs erected, constructed or maintained directly upon the ground or upon uprights or braces placed in the ground, with a maximum permitted ground clearance of eighteen (18) inches.

(Ord. 113-9. Passed 1-17-94.)

(37) Home Occupation means the use of a home for a small business or service which is established entirely within the dwelling unit, is conducted only by members of the family residing in the residence and, utilizing not more than twenty-five percent (25%) of the dwelling unit on such lot, does not create a traffic problem and must be completely in a building. A home occupation shall in no way alter the external appearance of the principal structure. The only external indication of such home occupation shall be limited to one sign, controlled by the sign regulations of the zoning code. There shall be no outside storage of any kind related to such home occupation. Allowable home occupations are not to be open to the general public nor cause disruption to the neighborhood or the general traffic flow of the area.

(Ord. 23-12. Passed 5-3-10.)

(38) Hotel means a building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment, which are separately defined in this chapter.

(39) Junk means old or scrap copper; brass; rope; rags; trash; waste; batteries; rubber; junked, dismantled or wrecked automobiles or parts thereof; iron; steel; and other old or scrap ferrous or nonferrous materials.

(40) Junkyard means an establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard.

(41) Kennel means a place primarily for keeping four or more dogs or other small animals that are ordinarily kept as pets and are at least four months old.

(42) Light Manufacturing means any light manufacturing or industrial processing which by the nature of the materials, equipment, and process utilized are to a considerable measure clean, quiet, and free from any objectionable or hazardous element.

(43) Lodging House means a building, not available to transients, in which lodging is regularly provided for compensation for at least three but not more than thirty persons.

(44) Lot means an area or contiguous areas, exclusive of streets and alleys and other public places, used as a unit and fifty percent of whose average lot width abuts a street.

(45) Lot Coverage or "floor area ratios (FAR)" means the area covered by buildings divided by the total lot area, exclusive of streets, alleys, and walk-ways, but including utility and other similar easements.

(46) Lot Line means the legal boundaries of the lot, excluding streets, alleys, public watercourses and other public spaces.

(47) Lot Width means the distance between the side lot lines measured at the building line.

(48) Mobile Home means a vehicle or other portable structure more than thirty feet in length that is designed, used or intended to be used for movement on the highway, and designed or used as a dwelling.

(49) Mobile Home Park means an area of land on which two or more mobile homes are regularly accommodated or intended for such use, with or without charge, including any buildings, other structures, fixtures or equipment that are used or intended to be used in providing that accommodation.

(50) Motel means a building or group of buildings used for the temporary residence of motorists or travelers in which access to each rental unit is provided directly through an exterior door or by an entrance connected to a common interior hallway leading to the exterior.

(51) Nonconforming Use means a use that exists at the time the provisions of this Zoning Ordinance is passed but does not comply with it.

(52) On Site Business Sign means a sign which directs attention to a business, profession, or industry to the type of products sold, manufactured, or assembled, and/or to service or entertainment offered upon said premises and located upon the premises where such sign is displayed.

(53) Open Use means the use of a lot without buildings, or a use for which a building with a floor area no larger than five percent of the lot is only incidental.

(54) Person means also a corporation, firm, partnership, association, organization, unit of government or any other group that acts as a unit.

(55) Planned Unit Development means any subdivision of land where both individual building sites and common property devoted to parks, playgrounds or school sites are designed and organized to be capable of satisfactory use and operation as a self- contained residential area. A planned unit development may include shopping centers and planned industrial park developments.

(56) Pole Signs means free standing signs which are supported by one or more poles, posts, or braces.

(57) Political Signs means those signs advocating action on a public issue or indicating support for a candidate for public office.

(58) Principal Building means the building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof and walls.

(59) Private Garage means a garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments, located on the same lot as the principal use.

(60) Private Instruction means the private, individualized teaching of music, dance, baton, or voice to classes of six students or less.

(61) Private School means a school other than a public school.

(62) Professional Office means an office used by members and the necessary personnel of a recognized profession such as architects, dentists, engineers, lawyers, physicians, surgeons, realty agents, insurance agents and brokers.

(63) Projecting Sign means a projecting sign which shall be attached to a building and project or protrude from such building at an angle with a minimum of eight feet from bottom of sign to the street.

(64) Public Overnight Camp means an area of land used or designed to be used to accommodate two or more tents, travel trailers or other camping outfits for no longer than seventy-two hours per camping party per two week period, but not including mobile homes.

(65) Public Garage means a garage, other than a private garage, whose services are available to members of the public or to persons occupying a hotel, club or similar facility.

(66) Rear Lot Line means a line parallel to and farthest from the front lot line, being at least ten feet long and lying wholly within the lot.

(67) Rear Yard means a yard that extends across the full width of the lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance from the rear lot line and the rear of the principal building.

(68) Shopping Center means a building or attached or associated group of buildings, usually exceeding 100,000 square feet in floor area, containing a number of businesses, possibly including one or more outlot buildings, sharing a single parking lot, and each business having access provided directly through one or more exterior doors.

(69) Shopping Mall means a building, usually exceeding 100,000 square feet, containing a number of businesses sharing a single parking lot, with each business having access provided by an interior corridor.

(70) Shopping Plaza means a building or attached group of buildings, usually less than 100,000 square feet in floor area, containing at least three (3) businesses and possibly associated with one outlot building, which share a common parking lot, and usually having access provided directly through an exterior door.

(71) Side Lot Line means a lot boundary line other than a front or rear lot line.

(72) Side Yard means a yard, between the principal building and the adjacent lot line, that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.

(73) Sign means visual devices or structures used for advertising, display, direction or publicity purposes.

(74) Signs, Area of means the maximum surface area of a sign or advertising display measured along the outside surface of a sign face or of the rectangle circumscribing the outside of the letters constituting a sign. Support structures which do not contain decorative or advertising features which are integral to the display shall not be included within this calculation.

(75) Sign Face means the surface upon, against, or through which the message of the sign is exhibited.

(76) Small Appliance means an appliance which is easily transported by one person.

(77) Street means a right-of-way that is established by record to provide the principal means of access to abutting property.

(78) Street - Arterial and Major means those streets of considerable continuity used for the movement of traffic between large and/or widely separated areas; shall include the following streets: Eighth Street; Fifth Street; Sandusky Avenue; State Route 53; State Route 67; State Route 199; U.S. Route 23; U.S. Route 30; and Wyandot Avenue.

(79) Structure means anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.

(80) Structural Change means a substantial change in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in an exterior wall or the roof.

(81) Subdivision means the division of any parcel of land shown as a unit or as contiguous units on the last proceeding tax roll into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, that the division or partition of land into parcels of five acres or more not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange of parcels does not create additional building sites, shall be exempted. The improvement of one or more parcels of land for residential and commercial or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures. The division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(82) Subdivision Minor means a subdivision of a parcel along an existing public dedicated street not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, provided that the same is not contrary to applicable platting, subdividing or zoning regulations.

(a) Original Tract within the meaning of this chapter is a contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners.

(b) Completely Subdivided as used in this chapter means a tract, which is divided into as many lots as the subdivider intends for that tract.

(c) The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.

(83) Through Lot means a lot fronting on two parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.

(84) Tourist Home means a building, other than a hotel or a motel, where lodging is provided and offered to the public for compensation for not more than fifteen individuals and open for transient guests.

(85) Transient means of a temporary nature, not permanent or regular.

(86) Travel Trailer means a vehicle or other portable structure twenty feet or less in length that is designed to move on the highway and designed or used as a temporary dwelling.

(87) Travel Trailer Park means an area of land on which two or more travel buildings, structures or fixtures of equipment that are used in connection with providing such accommodations.

(88) Use means the employment or occupation of a building, structure, or land for a person's service, benefit or enjoyment.

(89) Variance means a modification of the literal provisions of the Zoning Ordinance which may be granted when strict enforcement of the Ordinance would cause undue hardship owing to circumstances unique to the individual property for which the variance is sought. The crucial factors of a variance are undue hardships and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.

(90) Video Rental Stores means those stores which rent and/or sell videotapes of movies, show, sporting events, etc. for the use as entertainment in a private residence.

(91) Wall Sign means a sign which is flat against the wall or runs parallel to the wall protruding no more than nine inches; a plaque.

(92) Whirlpool means a tub, pool, or other water-containing enclosure that has a device which creates swirling waters and is used by immersion of the body for either therapeutic or recreational purposes; this term also includes such devices known as "hot tubs", "spas" and "Jacuzzis".

(93) Yard means a space on the same lot with a principal building that is open and unobstructed except as otherwise specified by the Zoning Ordinance.

(94) Zoning Ordinance or Ordinance means Ordinance 113-9, passed January 17, 1994, as amended, which is codified as Titles One to Five of the Part Eleven - Planning and Zoning Code.

(Ord. 113-9. Passed 1-17-94.)

1113.01 MANNER OF EXERCISE OF POWERS.

All powers shall be exercised in the manner prescribed in this Zoning Ordinance or if not prescribed herein, in such manner as provided in the Charter, or if not prescribed therein, in such manner as shall be provided by ordinance of Council, then such powers shall be exercised in the manner provided by the general laws of the State until Council shall provide a different manner of exercising such powers.

(Ord. 113-9. Passed 1-17-94.)

1113.02 ENFORCEMENT.

This Zoning Ordinance shall be enforced by the Planning Commission, Board of Zoning Appeals, Council or their authorized agents in accordance with applicable ordinances and laws.

(Ord. 113-9. Passed 1-17-94.)

1113.03 ZONING PERMIT; FEE.

(a) No change in the use of land or in the use of building or structures and no alteration, change, addition or expansion of a building or lot (including placement or replacement of a mobile home) shall be made until, upon application to the Administrative Officer a zoning permit is issued authorizing such a change, alteration, addition or expansion.

(b) Application for a zoning permit shall be made to the Administrative Officer in a form approved by the Planning Commission, such application to supply the following information:

(1) Size and location of the lot or lots, showing lot lines, dimensions and location of all applicable streets, alleys, easements and other public ways;

(2) Size and location of the buildings and structures existing and proposed on the lot;

(3) Dimensions of all yards and open spaces;

(4) The types of use for which the structures and land will be used and such other information as may be necessary for the proper enforcement of these regulations.

(d) Within ten days of receipt of application for a zoning permit, the Administrative Office shall either:

(1) Approve the issuance of such permit;

(2) Disapprove the issuance of such permit; or

(3) Forward the application to the Planning Commission for approval or denial, according to this Zoning Ordinance.

Applications that must be forwarded to the Planning Commission shall include all those involving new construction, development, or additions in a Business, Public Facilities, Manufacturing, or Conservation District. Unless otherwise prescribed herein, the Administrative Officer shall determine which other applications may be forwarded to the Planning Commission. Upon approval of the application, such permit shall be immediately issued to the applicant.

(e) Fees for zoning permits shall be established by the City Council. Such fee shall be paid at the time of application and shall be intended to cover the cost of administration.

(f) Applications for special use permits or conditional use permits, shall be made directly to the Planning Commission, accompanied by a fee as established by the City Council to cover the cost of publication, posting of notices and other processing costs. Upon approval of a special use permit or a conditional use permit, the Administrative Officer shall issue zoning permits in accordance with such approval upon application by the owner, lessee or other legal agents thereof.

(g) No permit shall take effect until twenty days after the applicant posts such permit on the premises involved. Before the twenty days have transpired, any affected party may appeal the decision of the Administrative Officer to the Board. If such appeal is made, the zoning permit shall not be valid until action of the Board is final and issuance of the permit is upheld.

(h) Any permit issued upon false statement of any fact which is material to the issuance shall be immediately null and void and the Administrative Officer may post such premises with a notice of revocation of the permit or certificate.

(i) (1) A zoning permit when issued with a building permit shall be valid for the time of validity of the building permit.

(2) A zoning permit when issued without a building permit, shall be valid for a period of ninety days from the date of issuance. Thereafter, such zoning permit must be renewed if the purpose for which it was issued has not been completed.

(Ord. 113-9. Passed 1-17-94.)

1113.04 CERTIFICATE OF OCCUPANCY; FEE. (REPEALED)

(EDITOR’S NOTE: Former Section 1113.04 was repealed by Ordinance 117-13, passed August 16, 2021.)

1113.05 NOTICE OF VIOLATION.

In case of violation of this Zoning Ordinance, the Administrative Of ficer shall notify the responsible person in writing and if such person cannot thereby be reached, cause notice of such violation to be conspicuously posted on the premises where the violation has occurred.

(Ord. 113-9. Passed 1-17-94.)

1113.06 ABATEMENT OF VIOLATION.

Any person aggrieved by violation of this Zoning Ordinance, the Planning Commission, the Board of Zoning Appeals, Council or their authorized agent or agents may institute appropriate legal remedy to abate such violation.

(Ord. 113-9. Passed 1-17-94.)

1113.99 PENALTY.

Any person violating any provision of this Zoning Ordinance shall be fined not more than one hundred dollars ($100.00). Each day a violation occurs or continues shall be considered a separate offense.

(Ord. 113-9. Passed 1-17-94.)

1115.01 ESTABLISHMENT; PROCEDURE.

(a) The Board of Zoning Appeals shall be established as provided by the City Charter.

(b) The Board shall organize and adopt rules for its own government in accordance with the City Charter:

(1) Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk of Council and shall be a public record.

(2) Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Administrative Officer, or to decide in favor of an applicant in any matter of which the Board has original jurisdiction under this Zoning Ordinance or to grant vacancy from the requirements stipulated in this Ordinance.

(Ord. 113-9. Passed 1-17-94.)

1115.02 APPLICATIONS AND APPEALS; FEES.

(a) Applications for Variance. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Administrative Officer, who shall transmit same to the Board. A copy of the same shall be sent to the City Planning Commission; no action required by the Commission. A fee as established by City Council shall accompany any application for variance.

(b) Appeals.

(1) An appeal to the Board may be taken by any aggrieved person or by an officer of the Municipality affected by any decision of the Administrative Officer. Such appeal shall be taken within twenty days after the decision, by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrative Officer shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. 113-9. Passed 1-17-94.)

1115.03 HEARINGS.

(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal or application for variance, giving public notice thereof and at least ten days' notice to parties in interest, and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee advanced from time to time by action of appeal. At this hearing, any party may appear in person or by attorney.

(b) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information and to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.

(Ord. 113-9. Passed 1-17-94.)

1115.04 DECISION OF THE BOARD.

(a) The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.

(b) The Board, in conformity with the provisions of this chapter may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from the Administrative Officer, and to that end, shall have all powers of the Administrative Officer from whom the appeal is taken.

(c) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Administrative Officer and observed by him and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

(Ord. 113-9. Passed 1-17-94.)

1115.05 POWERS OF THE BOARD OF ZONING APPEALS.

The Board of Zoning Appeals shall have the following powers:

(a) Appeals. To hear and decide appeals whereby it is alleged there is error in any interpretation, order, requirement, decision or determination by the Administrative Officer in the administration and enforcement of the provisions of this Zoning Ordinance.

(b) Variances. To authorize upon appeal, whereby reasons of exceptional narrowness, shallowness, shape or exceptional topographic conditions, or other extraordinary situations or conditions of a lot, the strict application of the terms of this Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof and to authorize a variance from such strict application to relieve such difficulties or hardship provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the Ordinance, and providing further that no variance shall be granted unless the Board finds that all the following conditions exist:

(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not generally apply to other land or buildings in the vicinity.

(2) The requested variance shall not constitute a change in land use resulting in the establishment of a use not normally permitted in the applicable use district.

(3) The granting of the application is necessary for preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant.

(4) The authorizing of the variance does not impair an adequate supply of light and air to adjacent property, unreasonably diminish or impair the established property values within the surrounding areas or in any way impair the health, safety, convenience or general welfare to the inhabitants of the community.

(5) The special conditions or circumstances which form a basis for the variance application shall not result from the actions of the applicant.

(6) Nonconforming use in neighboring buildings, structures, lots, or uses in the same use district, and permitted or nonconforming use of buildings, structures, lots, or uses in other use districts shall not be considered grounds for the issuance of a variance.

(Ord. 113-9. Passed 1-17-94.)

1117.01 GENERAL.

Whenever the public necessity, convenience, general welfare or good zoning practice require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement or change the regulation, district boundaries or classification of property, now or hereafter established by this Zoning Ordinance.

(Ord. 113-9. Passed 1-17-94.)

1117.02 PROCEDURE FOR AMENDMENTS.

(a) Applications for any change of district boundaries or classification of property as shown on the Zoning Map, or requests for any change in the text of this Zoning Ordinance, shall be submitted to the Planning Commission at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the Commission, so as to assure the fullest practical presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessors of property within the area proposed to be reclassified attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments initiated by the Commission or Council shall be accompanied by its motion pertaining to such proposed amendment.

(b) Before submitting its recommendations on a proposed amendment to Council, the Commission shall hold a public hearing thereon, notice of which shall be given at least fifteen days in advance of the hearing date by one publication in a newspaper of general circulation in the area. The notice shall state the place or places and times at which the proposed amendment to the Ordinance, including text and maps, may be examined and such other notices as are required by the Planning Commission or the Ohio Revised Code.

(c) In addition to the published notice as hereinbefore specified, the Commission shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements by mailing a postal card or letter of notice not less than ten days prior to the date of hearing, to the owners of all property lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section, shall not invalidate any recommendation adopted hereunder, it being the intention of this section to provide notices to the persons substantially interested in the proposed change that an application is pending before the Commission, to make a change in the Zoning Map or the regulations set forth in this Ordinance. If more than ten parcels of land are affected by proposed amendments, the requirements for notices in this section shall not apply.

(d) The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested, or it may recommend that the application not be granted. These recommendations shall then be certified to Council within five days of the Commission's determination. The Commission shall certify its recommendations to Council within thirty days after receipt of the application or motion, whichever is the case.

(e) After receiving from the Commission, the certification of the recommendations of the Commission on the proposed amendment, and before adoption of such amendment, Council shall hold a public hearing thereon, at least thirty days notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the area.

(f) In addition to the published notice, the Clerk of Council shall by first class mail give written notice of the public hearing to affected property owners if the amendment involves ten or less parcel of land, as listed on the tax duplicate. "Affected Owners" means those owners of property within and contiguous to and directly across the street from the involved parcel. This notice shall be mailed to the owners' addresses as they appear on the County Auditor's current list or the Treasurer's mailing list, and any other lists as required by Council. The failure of delivery of such notice shall not invalidate the decision of the Council regarding the amendment or modification.

(g) After completion of the hearing required in subsection (e) hereof Council shall consider such recommendations and facts as it may have had presented to it, and thereafter vote on the passage of the proposed amendment or modification thereof. Council may overrule or modify the recommendations of the Commission only as provided in Section 5.12 of the Charter.

(Ord. 113-9. Passed 1-17-94.)

1117.03 APPLICATION FEES.

At the time that an application for a change of zoning is filed with the Planning Commission, as provided herein, there shall be deposited with the Clerk of the Commission such fee as adopted by resolution of Council to cover investigation, legal notices and other expenses incidental to the determination of such matter.