(A)   There is hereby established the office of Director of Inspection and Engineering, who shall be appointed by the Village Manager with advice and consent of Village Council. It shall be the duty of the Director of Inspection and Engineering to enforce this Zoning Code in accordance with the administrative provisions of this chapter.

   (B)   All departments, officials, public employees, and representatives of the village, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no permit or license for any use, building, or purpose in conflict with the provisions of this chapter.

   (C)   Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 96-152, passed 10-7-1996)

   (A)   Use prohibited without certificate.

      (1)   No owner, lessee, or tenant shall use or permit the use of any structure, building, or land, or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or partly, until a certificate of zoning compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code.

      (2)   The Director of Inspection and Engineering shall issue a zoning certificate provided that her or she is satisfied that the structure, building, and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of this chapter, subject to approval of the Planning Commission and/or Village Council where the ordinance requires or deems appropriate.

      (3)   This section shall in no case be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed for such building.

   (B)   Building permit. No building permit for the extension, erection, or alteration of any building shall be issued before an application has been made and a certificate of zoning compliance issued, and no building shall be occupied until such certificate is approved.

   (C)   Effect of approval. Zoning certificates issued on the basis of plans, information, and application approved by the Director of Inspection and Engineering and/or Planning Commission authorize only the use, arrangement, and construction set forth in such approved plans, information, and application or approved amendments thereto, and no other use, arrangement, or construction. Use, arrangement, and construction at variance with that authorized shall be deemed a violation of this chapter and punished as provided in this chapter.

   (D)   Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public water and sewers, the application shall be accompanied by written evidence of approval by the responsible Health Officer as to the proposed method of water supply and/or treatment and disposal of sanitary waste.

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

   (A)   Application to be made. Written application for certificates of zoning compliance shall be made by property owners or lessees to the Director of Inspection and Engineering (see § 153.033(A)).

   (B)   Application fee. A fee as stipulated § 153.045 shall be paid by the applicant to cover the costs of review and reporting of the application, payable to the General Fund.

   (C)   Contents of application. The application for a zoning certificate shall contain as a minimum:

      (1)   Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;

      (2)   A current survey of the property prepared by a licensed surveyor;

      (3)   If any new development, construction, or change in use is proposed, a plan drawn to scale showing:

         (a)   Actual dimensions of the lot including easements;

         (b)   Exact size and location of all buildings and structures on the subject lot;

         (c)   Any proposed new construction and/or alterations;

         (d)   Existing and intended use of all parts of the land or buildings;

         (e)   Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities; and

         (f)   As applicable, proposed landscaping and other site design treatment shall be indicated where required under §§ 153.275 through 153.281.

      (4)   Such other information to be determined by the Director of Inspection and Engineering and/or Planning Commission as may be necessary to determine and provide for the enforcement of this Zoning Code.

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

   (A)   Filing of application. Two copies of a completed application shall be filed with the Director of Inspection and Engineering, one copy of which shall be returned to the applicant upon approval.

   (B)   Action by Director of Inspection and Engineering. Within 30 days after acceptance of an application for a zoning certificate, the Director of Inspection and Engineering shall approve a certificate of zoning compliance provided he or she is satisfied that the structure, building, and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this chapter, subject to approval of the Planning Commission where the ordinance requires; in those cases the Planning Commission shall render a decision within 35 days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.

   (C)   Appeals. A denial by the Director of Inspection and Engineering of an application for a certificate of zoning compliance may be appealed to the Zoning Board of Appeals. A written appeal shall be filed with the Director of Inspection and Engineering within ten days of receipt of notification of denial. The Zoning Board of Appeals shall have a maximum of 60 days for public hearing, consideration and a decision on the appeal. Denial of an application by the Zoning Board of Appeals may be appealed to the Village Council.

(Ord. 96-152, passed 10-7-1996)

   (A)   An approved certificate of zoning compliance shall be issued within ten days of approval. One copy of the plans submitted by the applicant shall be returned. All zoning certificates shall be conditional upon the commencement of work within one year of issuance.

   (B)   Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.

(Ord. 96-152, passed 10-7-1996)

   If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained, or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, the Village Council, Law Director, or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the Director of Inspection and Engineering. Such complaint should state in full the causes and basis thereof. The Director of Inspection and Engineering shall record the complaint, immediately investigate the allegations, and take appropriate action as provided by this chapter.

(Ord. 96-152, passed 10-7-1996)

   The failure of any board or commission, not including the Village Council, to act on an application before such board or commission within the prescribed time-frame, excluding the continuation of a public meeting or hearing, shall constitute approval of such application. This shall not apply in cases where an applicant has chosen to indefinitely table an application or has requested an extension of such application.

(Ord. 96-152, passed 10-7-1996)

   The Technical Review Group is established as a technical review body for the village and may consist of, but not be limited to, the Director of Inspection and Engineering, Village Manager, Village Engineer, Village Service Director, and Village Safety Director. The Technical Review Group will meet on an as-needed basis to provide a forum at which proposed developments at any stage in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory requirements and to provide coordination of various requirements and procedures. The group provides the Planning Commission technical expertise in evaluating development proposals. The Director of Inspection and Engineering shall chair the Technical Review Group and shall coordinate the review process. Prior to a public hearing, the Director of Inspection and Engineering shall notify the applicant or the applicant’s representative in writing of comments and recommendations made by the Technical Review Group.

(Ord. 96-152, passed 10-7-1996)

   (A)   Generally. The Director of Inspection and Engineering of the village, appointed by the Village Manager with the advice and consent of Village Council, shall serve as the chief administrative officer for the Zoning Code and is charged with enforcement of the related requirements and standards, as per this chapter.

   (B)   Certificate of zoning compliance. The Director of Inspection and Engineering shall issue the certificate of zoning compliance when the standards and requirements under §§ 153.031 through 153.045 have been fully met or as directed by the Planning Commission or Board of Zoning and Building Appeals and shall deny issuing zoning certificates in the event of noncompliance. The Director of Inspection and Engineering shall maintain a record of all applications and actions.

   (C)   Record keeping. The Director of Inspection and Engineering shall make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning certificates, zoning map amendments, variances, conditional use permits, certificates of appropriateness, certificates of design appropriateness, receipt, investigation, and enforcement of complaints of violations, and any other permit or certificate required herein. The Director of Inspection and Engineering shall prepare an annual summary of all records.

   (D)   Historic Preservation Board. The Director of Inspection and Engineering shall notify by certified mail respective property owners and those violating this Zoning Code of violations of the Historic Preservation Board provisions (see §§ 153.080 through 153.094) and all other pertinent regulations; shall issue stop work orders for the discontinuance of illegal work; and shall order in writing actions to correct the violations under the direction of the Historic Preservation Board. The Director of Inspection and Engineering shall take any other action authorized by the Historic Preservation Board in concurrence with the Law Director to ensure compliance, prevent violations, and to order remedial actions, including the issuance of certificates of appropriateness. Appeals of the Director of Inspection and Engineering’s orders directly related to the Historic Preservation Board’s jurisdiction and area of authority may be filed within ten days of receipt of the order with the Historic Preservation Board.

   (E)   Inspection and complaints.

      (1)   The Director of Inspection and Engineering shall inspect any building or land to determine whether any violations of this Zoning Code and other related ordinances have been committed or exist, and to receive and investigate complaints and notices of alleged violations. Written complaints of alleged violations shall be filed with the Director of Inspection and Engineering who shall investigate the complaints and prepare a report to be submitted to the Planning Commission and Law Director. The complaints shall be recorded.

      (2)   Regular inspections of the village shall be conducted by the Director of Inspection and Engineering to identify potential violations, situations of noncompliance, and any potentially illegal situations relative to this chapter. Necessary action shall be taken by the Director of Inspection and Engineering to ensure compliance with and enforce the Zoning Code and other related ordinances.

   (F)   Enforcement.

      (1)   The Director of Inspection and Engineering shall enforce this chapter and any related ordinances and take all necessary steps to remedy any condition found in violation by ordering by certified mail the discontinuance of the illegal uses or illegal work, and recommend to the Law Director appropriate action.

      (2)   The Director of Inspection and Engineering shall notify by certified mail the property owners and those violating this Zoning Code and any related ordinances of any noncompliance situations and shall order actions to correct or remedy the violations; shall order by certified mail the discontinuance of illegal uses of land, buildings, or structures in violation therein; shall order by certified mail in accordance with legal procedures the removal of illegal buildings and structures or illegal additions or structural alterations; shall order discontinuance by certified mail of any illegal work under way; and shall take any other action authorized by the Zoning Code, any related ordinance, and/or Law Director to ensure compliance and prevent violations, including issuance of and actions on any zoning permits or certificates and other similar duties. The Director of Inspection and Engineering shall notify in writing the Planning Commission and Law Director of all violations of this Zoning Code and any related ordinance.

      (3)   Appeals of the Director of Inspection and Engineering’s orders may be filed with the Board of Zoning and Building Appeals, Board of Housing Appeals, or Historic Preservation Board, as appropriate. A written appeal shall be filed with the Clerk of Council within ten days of receipt of order.

   (G)   Advisor to Planning Commission and Zoning Board of Appeals.

      (1)   The Director of Inspection and Engineering shall advise the Planning Commission and Board of Zoning and Building Appeals of all matters other than routine duties pertaining to enforcement of this Zoning Code and any related ordinance, and shall transmit all applications and records pertaining to supplements and amendments therein.

      (2)   All questions relative to interpretation and enforcement of this Zoning Code shall first be presented to the Director of Inspection and Engineering for a decision. The Board of Zoning and Building Appeals may be appealed to for a determination relative to the Director of Inspection and Engineering’s decision.

(Ord. 96-152, passed 10-7-1996)

   (A)   Generally. In accordance with Article VII the Village Charter, a Planning Commission and a Board of Zoning and Building Appeals are hereby created.

      (1)   Membership.

         (a)   The Planning Commission shall consist of seven members appointed by Council: two of whom shall be members of Council appointed for a term of one year, and five citizen members who shall serve four year overlapping terms of office. Members of the Planning Commission shall hold no other municipal office or board membership.

         (b)   The Board of Zoning and Building Appeals shall consist of seven citizen members appointed by Council to serve four year overlapping terms of office. Members of the Board of Zoning and Building Appeals may not hold any other municipal office.

      (2)   Vacancy. The position on a board or commission shall become vacant upon the member’s death, resignation, removal from office in any manner authorized by the Charter, or forfeiture of office. A vacancy during the term of any member of a board or commission created by the Charter or by ordinance of the Council shall be filled by:

         (a)   Advertising the opening for two weeks requesting anyone interested in serving on that board or commission to make application to the Council;

         (b)   Applications shall be in writing by anyone interested;

         (c)   The Manager and the Mayor plus two members of Council shall interview all applicants; and

         (d)   Appointment shall be made seven days after the last advertisement or within 45 days of the vacancy.

      (3)   Forfeiture of office. If it is so determined by an affirmative vote of at least four members of the board or commission, a member shall forfeit that position if the board or commission member:

         (a)   Lacks at any time during his or her term of office, any qualification for the office prescribed by the Charter;

         (b)   Intentionally violates any express prohibition of the Charter;

         (c)   Is convicted of a crime involving moral turpitude or malfeasance or a felony; or

         (d)   Fails to attend regular meetings as established by the board or commission’s attendance policy. Each board or commission shall establish and have approved by the Manager its own attendance policy. This policy will be reviewed by each board or commission at the first meeting held each year.

      (4)   Disability. On questions of disability involving the members of the boards or commission, the decision as to actuality of the time of, and duration of the disability, for purpose of declaring a vacancy, shall be determined by an affirmative vote of at least four members of the board or commission.

   (B)   Meetings.

      (1)   The Planning Commission or the Board of Zoning and Building Appeals may meet at the request of the Mayor or Commission Chairperson or Board Chairperson upon written notice by two or more of its members; in all cases such request or notice shall be given at least 24 hours prior to the meeting time. All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to the Village Council. Nothing in this code shall prevent the Commission or Board from granting a continuance of a public hearing.

      (2)   An organizational meeting shall be held each January at which a Chairperson for each Commission or Board shall be nominated. A Vice Chairperson and a secretary shall be designated by the Chairperson. All officers shall serve for a one-year term and shall serve without compensation.

   (C)   Procedure. Four members constitute a quorum. The Board or Commission shall act by resolution passed by the vote of a majority of the members of the Board or Commission. The Chairperson, or in his or her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary may or may not be a member of the Board or Commission, and if not a member may hold another office or employment with the municipality. The secretary shall keep records of the Board’s or Commission’s examinations and other official actions, all of which are to be filed with the Clerk of Council within ten days after the meeting and are public record. All meetings shall be open to the public.

   (D)   Duties.

      (1)   The duties of the Planning Commission are as follows:

         (a)   To review all proposed amendments to and rezonings of this chapter and map, as in § 153.041, and to forward recommendations to Village Council;

         (b)   To initiate amendments to the provisions of this chapter and official zoning map by resolution and make recommendation to Village Council;

         (c)   To review and act upon applications for conditional use permits, as in § 153.042, and all other pertinent sections of this chapter;

         (d)   To act on all proposed planned developments, as in § 153.174, and to forward recommendations to Council for final action relative to development plans and amendments;

         (e)   To conduct studies and surveys and prepare plans, reports, and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and renewal of the municipality, and make such recommendations relative thereto to the Council as it feels are in the best interests of the municipality;

         (f)   To administer the subdivision regulations of the village;

         (g)   To make plans which show the Commission’s recommendations for the character of both public and private streets, bridges, parks, open spaces, waterways, and utilities;

         (h)   To make plans which show the Commissions’s recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities;

         (i)   To work with the Historic Preservation Board of the village and to make plans and recommendations for the control and care of historic structures and grounds not located in areas subject to the Historic Preservation Board;

         (j)   To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities; and

         (k)   To administer and make recommendations for the application of the Comprehensive Community Plan for the village.

      (2)   The duties of the Board of Zoning and Building Appeals are as follows:

         (a)   To hear and decide appeals where it is alleged there is in error any order, requirement, decision, or determination made by the Director of Inspection and Engineering;

         (b)   To review and act upon applications for variances from the terms of this chapter, as per § 153.043; and

         (c)   To review and act upon appeals with regard to reconstruction and substitution of nonconforming uses, as per § 153.044.

   (E)   Matters of interpretation. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Director of Inspection and Engineering, and that such questions shall be presented to the Board of Zoning and Building Appeals on appeal from the decision of the Director of Inspection and Engineering, and that recourse from the decisions of the Board of Zoning and Building Appeals shall be to the Village Council. Recourse from the Village Council shall be the County Court of Common Pleas as provided under the Ohio Revised Code.

   (F)   Village Council powers and duties. The Village Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Code:

      (1)   To review, render decision, and enact amendments to the provisions of this chapter and official zoning map;

      (2)   To initiate amendments to the provisions of this chapter and official zoning map through ordinance or resolution and forwarding the action to Planning Commission for review and recommendation;

      (3)   To hear and decide appeals from Planning Commission or Board of Zoning and Building Appeals determinations relative to conditional use and variance requests;

      (4)   Request by resolution or require by ordinance duties of the Planning Commission and/or the Board of Zoning and Building Appeals; and

      (5)   To hear and decide appeals from the Historic Preservation Board relative to certificate of appropriateness requests.

(Ord. 96-152, passed 10-7-1996)

   (A)   Initiation. The provisions of this Zoning Code may be amended, supplemented, changed, or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three ways:

      (1)   By adoption of a motion by Planning Commission;

      (2)   By adoption of a resolution by Village Council; or

      (3)   By filing of an application by one or more property owners, lessees, persons with an interest in the property, or any duly authorized agent of such owners, lessees, or persons, of property within the area proposed to be changed or affected by amendments of provisions of this chapter.

   (B)   Application procedure.

      (1)   Application to be made. Written application for amendment of this chapter, including all supporting materials, initiated by property owners or lessees or persons with an interest in the property or duly authorized agents of such owners or lessees or persons shall be submitted to the Planning Commission. (See division (D)(1) of this section.) This process is separate from the requirements of Planned Districts, § 153.174.

      (2)   Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.

      (3)   Application contents. The application for amendment shall contain as a minimum:

         (a)   Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;

         (b)   A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;

         (c)   The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the properties;

         (d)   The present use and present zoning district of the properties;

         (e)   A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list;

         (f)   A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to re-zone;

         (g)   A plot plan to show:

            1.   Boundaries and dimensions of the lot and the size and location of all proposed and existing structures;

            2.   The proposed use of all parts of the lot and structures;

            3.   Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use; and

            4.   Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.

         (h)   Any deed restrictions, easements, covenants, and encumbrances to be used to control the use, development, and maintenance of land, and proposed uses, shall be fully denoted by text and map; and

         (i)   At the discretion of the Planning Commission, and an engineer’s estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer’s estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from the generation may be required by the Board.

   (C)   Criteria for review. The Planning Commission shall, at the minimum, consider the following factors in the review of the application:

      (1)   Compatibility of the proposed amendment to adjacent land use, adjacent zoning, and to appropriate plans for the area;

      (2)   Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage;

      (3)   Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity, and general welfare; and

      (4)   Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.

   (D)   Review procedure.

      (1)   Filing and acceptance of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.

      (2)   Public hearing. 

         (a)   A public hearing of the Planning Commission shall be set to be held within 60 days from the date of the acceptance of a complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.

         (b)   In the case of a zoning ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12, a public hearing shall not be required. However, the Commission may hold a public hearing provided that Village Council has extended the time for receipt of written recommendations from the Planning Commission sufficient to advertise and conduct public hearings in accordance with the time frames as set forth in this chapter.

      (3)   Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination. In addition, a sign will be posted on the applicant’s property indicating that the property is the subject of an application for zoning amendment, and shall include the telephone number of the village to contact for further information. The sign shall be posted by the Director of Inspection and Engineering in a location, size, and manner as directed by the Director of Inspection and Engineering. The sign shall be posted within two weeks of the acceptance of the application by the Director of Inspection and Engineering and shall remain in place until action has been taken on the application by the Village Council.

      (4)   Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.

      (5)   Action by Planning Commission. Within 31 days of the public hearing, or within 31 days of the date of referral of each ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12 unless a time extension is granted by Council, the Planning Commission shall review the application and forward one of the following recommendations of the majority of members of the Commission to Village Council:

         (a)   Recommend amendment be granted as requested;

         (b)   Recommend a modification of amendment; or

         (c)   Recommend amendment not be granted.

      (6)   Public hearing of the Council. 

         (a)   Upon receipt of such recommendation, the Village Council shall schedule a public hearing within 45 days of the receipt. Nothing in this section shall prevent the Council from continuing a public hearing.

         (b)   Council shall hold a public hearing whenever an ordinance or resolution establishes, amends, revises, changes, or repeals a zoning classification or zoning district or zoning regulation as per Charter § 4.13.

      (7)   Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a summary of any Planning Commission recommendation.

      (8)   Action by Village Council.

         (a)   Within 35 days after the public hearing, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification thereof. To adopt the Commission’s recommendation, a majority vote of the membership of Council is required. To reverse or modify the Commission’s recommendation, the affirmative vote of five members of the Village Council is required.

         (b)   An application for amending this chapter that has been disapproved by the Village Council may be resubmitted to the village no sooner than one year of the date of such disapproval by Council.

(Ord. 96-152, passed 10-7-1996; Ord. 99-150, passed - -1999)

   (A)   Purpose. Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district and, if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control, such uses shall be designated as conditional uses and allowable only upon review and approval by the Planning Commission. Because of the uniqueness or special nature of a conditional use with respect to location, design, size, and method of operation, each such use that comes before the review of the Board shall be considered individually.

   (B)   Application procedure.

      (1)   Application to be made. Written application for a conditional use shall be made by property owners, lessees, persons with interest in the property, or duly authorized agents of owners, lessees, or persons having interest in the property to the Planning Commission. (See division (D)(1) of this section.)

      (2)   Application fee. A fee as stipulated in § 153.045 shall be paid by the application to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.

      (3)   Application contents. The application for a conditional use shall contain as a minimum:

         (a)   Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;

         (b)   A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;

         (c)   A description of existing use, current zoning district, and proposed conditional use;

         (d)   A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list;

         (e)   A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request;

         (f)   A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility; and

         (g)   A plot plan to show:

            1.   Boundaries and dimensions of the lot and the size and location of all proposed and existing structures;

            2.   Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use; and

            3.   Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.

   (C)   Criteria for approval. The following considerations shall be examined in review of an application for a conditional use:

      (1)   The proposed use is a conditional use of the zoning district and the applicable development standards of this Zoning Code are met;

      (2)   The proposed use is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area;

      (3)   The proposed use will not adversely impact access, traffic flow, and other public facilities and services;

      (4)   The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature; and

      (5)   The proposed use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.

   (D)   Review procedure.

      (1)   Filing of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.

      (2)   Public hearing. A public hearing of the Planning Commission shall be held within 60 days from the date of the acceptance of a resolution, motion, or complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.

      (3)   Public notice for hearing. At least one notice shall be given at least ten days prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include time and place of the public hearing and nature of the proposed conditional use.

      (4)   Notice to property owners. Written notice of the hearing shall be mailed by the village, certified mail, at least ten days prior to the date of a scheduled public hearing to all property owners as listed under division (B)(3)(d) of this section. The notice shall correspond to division (D)(3) of this section in content.

      (5)   Procedure at hearing.

         (a)   Within 35 days of the public hearing, the Planning Commission shall review the application and render one of the following decisions:

            1.   Approval of conditional use as requested;

            2.   Approval of conditional use with modifications; or

            3.   Disapproval of conditional use.

         (b)   The Commission shall apply criteria in division (C) of this section in reaching its determination. In approving a conditional use, the Commission may prescribe additional conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is approved, shall be deemed a violation of this chapter and punishable as prescribed in § 153.999 and other provisions of this code and shall result in revocation of the conditional use approval and respective certificate of zoning compliance.

         (c)   The Commission’s determination in taking action on a requested conditional use shall be accompanied by findings of fact and a statement of the reasons for the decision reached.

   (E)   Issuance of permit; expiration. Upon approval of Planning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Director of Inspection and Engineering shall issue a conditional use permit to the applicant within ten days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within two years, including any construction or renovation. Such permit shall expire if a conditional use is discontinued for more than six months.

   (F)   Appeals. Whoever is aggrieved or affected by the decision of Board involving an application for conditional use shall have the right to file an appeal with Village Council. The appeal shall be filed in writing with the Clerk of Council no later than ten days after the decision of the Commission. Council shall have a maximum of 60 days from receipt of an appeal for public hearing, consideration, and a decision on the appeal. In reaching a determination on a requested conditional use on appeal by Council, the applicable portions of division (D)(5) of this section shall apply.

(Ord. 96-152, passed 10-7-1996)

   (A)   Purpose. The issuance of a variance to permit exceptions to, and variance deviation from, the strict interpretation of the applicable regulations contained in this Zoning Code shall be under the authority of the Board of Zoning and Building Appeals. In no case shall the granting of a variance allow a use not permitted under the subject district regulations.

   (B)   Application procedure.

      (1)   Application to be made. Written application for a variance shall be made by the property owners or lessees to the Board of Zoning and Building Appeals. (See division (D)(1) of this section.)

      (2)   Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.

      (3)   Application contents. The application for a variance shall contain as a minimum:

         (a)   Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;

         (b)   A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;

         (c)   The nature of the variance required to include what provisions of this Zoning Code are affected;

         (d)   A statement pertaining to and explaining the relation of the variances requested to the criteria for approval as listed under division (C) of this section;

         (e)   A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list; and

         (f)   A plot plan to show:

            1.   Boundaries and dimensions of the property and the size and location of all proposed and existing structures;

            2.   The nature of the special conditions or circumstances;

            3.   The proposed use of all parts of the lot and structures;

            4.   The use of land and location of structures on adjacent properties; and

            5.   Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.

   (C)   Criteria for approval. All relevant factors, including, but not limited to, the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:

      (1)   Special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district;

      (2)   A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this chapter;

      (3)   Special conditions and circumstances do not result from the actions of the applicant;

      (4)   The granting of the variance will not confer on the applicant any undue privilege that is denied by this chapter to other lands or structures in the same zoning district;

      (5)   The granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare;

      (6)   The granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations (See Garber v. Joseph Skilken & Co., 293 N.E.2d 333 (Ohio Com. Pl. 1972)); and

      (7)   The granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.

   (D)   Review procedure.

      (1)   Filing of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Board of Zoning and Building Appeals. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.

      (2)   Public hearing. A public hearing of the Board of Zoning and Building Appeals shall be held within 60 days from the date of the acceptance of a resolution, motion, or complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.

      (3)   Public notice for hearing. At least one notice shall be given at least ten days prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the time and place of the public hearing and the nature of the proposed variances.

      (4)   Notice to property owners. Written notice of the hearing shall be mailed by the village, by certified mail, at least ten days prior to the date of a scheduled public hearing to all property owners as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.

      (5)   Procedure at hearing.

         (a)   Within 35 days of the public hearing, the Board of Appeals shall review the application and render one of the following decisions:

            1.   Approval of variance as requested;

            2.   Approval of variance with modifications; or

            3.   Disapproval of variance.

         (b)   The Board of Appeals shall apply criteria in division (C) of this section in reaching its determination. In approving a variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this chapter and punishable as prescribed herein.

         (c)   The Board of Appeals determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.

   (E)   Appeals relative to signage and off-street parking. An appeal may be filed with the Board of Appeals for relief from the strict enforcement of Zoning Code requirements relative to nonconforming signs and nonconforming surface treatment of off-street parking areas, provided the applicant shows:

      (1)   The unlawful nonconforming situation has existed a minimum of five years prior to the effective date of this chapter;

      (2)   Special circumstances or conditions exist which are peculiar to the structures involved and which prevent the applicant from meeting the requirements of this Zoning Code;

      (3)   Special circumstances or conditions do not result from the actions of the applicant; and

      (4)   The granting of an appeal will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.

   (F)   Issuance of certificate of zoning compliance. Upon approval of the Board of Appeals or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Director of Inspection and Engineering shall issue a certificate of zoning compliance for all approved variances to the applicant within ten days of approval. The requirements relative to expiration in § 153.034 shall apply.

   (G)   Appeals. Whoever is aggrieved or affected by the decision of the Board of Zoning and Building Appeals involving an application for a variance shall have the right to file an appeal with the Village Council. The appeal shall be filed with the Clerk of Council no later than ten days after the decision of the Board of Appeals. Council shall have a maximum of 60 days for consideration, public hearing, and a decision on the appeal. In reaching a determination on a requested variance appeal by Council, the applicable portions of division (D)(5) of this section shall apply.

(Ord. 96-152, passed 10-7-1996)

   (A)   Generally. The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting this Zoning Code or amendment hereto, may be continued, although such use does not conform with the provisions of this chapter or amendment hereto, as provided in this chapter. It is the intent of this chapter to permit these nonconforming situations to continue until such time that they are removed, but not to encourage their continued use or expansion except as provided for herein. (See R.C. § 713.15.)

   (B)   Nonconforming lots.

      (1)   The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning Commission in accordance with § 153.043.

      (2)   Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of this chapter. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.

   (C)   Nonconforming structures and developments. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located, may be altered, reconstructed, or extended on appeal to the Zoning Board of Appeals, provided the applicant shows that:

      (1)   The nonconforming structure and development was lawful at the time of enactment of this Zoning Code;

      (2)   Such tax parcel has been under the same ownership for not less than two years;

      (3)   Such alteration, reconstruction, or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant;

      (4)   Such extension shall not increase the total floor area by more than 50%; and

      (5)   No extension shall be requested within two years of the last previous extension as approved by the Planning Commission.

   (D)   Nonconforming uses. The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following.

      (1)   Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing and lawful at the time of enactment of this Zoning Code, as amended, may be continued, although such use does not conform with the provisions of this chapter, as amended, but if any such nonconforming use is voluntarily discontinued for a period of six months, any future use of such land shall be in conformity with this chapter. (See R.C. § 713.15.)

      (2)   Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning Commission, provided the applicant shows that:

         (a)   The nonconforming use was lawful at the time of enactment of this Zoning Code;

         (b)   Such tax parcel has been under the same ownership for not less than two years;

         (c)   Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and

         (d)   No expansion shall be requested within two years of the last previous expansion as approved by the Planning Commission.

      (3)   Substitution. On approval of an appeal to the Planning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning Commission, provided the applicant shows that:

         (a)   The nonconforming use was lawful at the time of enactment of this Zoning Code;

         (b)   Such tax parcel has been under the same ownership for not less than two years;

         (c)   Such substitution is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area; and

         (d)   No substitution shall be requested within two years of the last previous expansion as approved by the Planning Commission.

      (4)   Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner satisfactory to the Director until completed.

(Ord. 96-152, passed 10-7-1996; Ord. 2002-023, passed 10-7-2002)

   All zoning and planning fees are as set forth in the village’s schedule of fees, as adopted by reference in § 36.05.