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Willoughby Hills City Zoning Code

TITLE THREE

Code Administration

1109.01 PURPOSE.

   This Chapter sets forth the powers and duties of the Zoning Administrator, Planning and Zoning Commission, Architectural Board of Review, Board of Building and Zoning Appeals, and City Council with respect to the administration of the provisions of this Planning and Zoning Code. (Ord. 2006-35. Passed 5-25-06.)

1109.02 ZONING ADMINISTRATOR.

   For the purposes of this Planning and Zoning Code, the Zoning Administrator shall have the following powers and duties.
   (a)    Establishment. There is hereby established the position of Zoning Administrator. The Zoning Administrator, appointed by the Mayor, shall act as the administrative officer for the purpose of effecting the proper administration of the Planning and Zoning Code.
   (b)    Powers and Duties. The Zoning Administrator or his/her designee shall have the following powers and duties:
      (1)    To enforce the provisions of this Planning and Zoning Code and interpret the meaning and application of its provisions.
      (2)    To issue zoning certificates, based on his/her approval of the application, as provided by this Planning and Zoning Code and keep a record of the same with a notation of any special conditions involved.
      (3)    To issue certificates of zoning compliance as provided by this Planning and Zoning Code and keep a record of the same.
      (4)    To issue permits for new, relocated, or substantially modified signs.
      (5)    To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Planning and Zoning Code to review, including, but not limited to, amendments to the Planning and Zoning Code, development plan review, conditional uses, variances and appeals, and subdivision plats.
      (6)    To coordinate the City’s administrative review of applications required by this Planning and Zoning Code, including, but not limited to, rezoning applications, development plan review, conditional use applications, variances, and subdivision plats.
      (7)    To maintain any records required by this Planning and Zoning Code including inspection documents, and records of all variances, amendments, conditional uses, and similar use determinations.
      (8)    To make such records available for the use of Council, the Planning and Zoning Commission, the Board of Building and Zoning Appeals, the Architectural Board of Review, and the public.
      (9)    To conduct or cause the inspection of buildings and uses of land to determine compliance with this Planning and Zoning Code.
      (10)    To determine the existence of any violations of this Planning and Zoning Code and cause such notifications of violations or stop work orders to be issued, or initiate such other administrative or legal action as needed to address such violations.
      (11)    To maintain in current status the “Official Zoning District Map” of the City of Willoughby Hills. (Ord. 2006-35. Passed 5-25-06.)

1109.03 PLANNING AND ZONING COMMISSION.

   (a)    Establishment. The Planning and Zoning Commission shall consist of seven (7) members, as established by the Charter of the City of Willoughby Hills.
   (b)    Quorum. A quorum shall consist of a majority of the Commission members. Any action taken by the Commission shall require a majority vote of its members.
   (c)    Meetings. The Planning and Zoning Commission shall adopt rules and regulations in accordance with this Planning and Zoning Code as may be necessary to put into effect the powers and jurisdiction conferred herein or as conferred by the Charter of the City Willoughby Hills. The Commission shall hold regular monthly meetings, except when there is no business requiring Commission action. The Commission shall keep a record of its proceedings and decisions. The chair may call additional meetings at such other times as determined necessary. All meetings of the Commission shall be open to the public.
   (d)    Powers and Duties. For the purposes of this Planning and Zoning Code, the
Planning and Zoning Commission shall have the following powers and duties:
      (1)    To make and adopt plans and maps of the City of Willoughby Hills and periodically amend, extend, delete or add to the plans and maps.
      (2)    To review and act on all development plans required by this Planning and Zoning Code.
      (3)    To review and take actions on conditional use certificates according to the procedures, standards and criteria stated in this Planning and Zoning Code.
      (4)    To make a determination that a proposed use not listed or provided for in this Planning and Zoning Code is substantially similar to a principal or conditional use that is listed and provided for in this Planning and Zoning Code.
      (5)    To review all current and proposed amendments to this Planning and Zoning Code and make recommendations to City Council as provided in this Planning and Zoning Code.
      (6)    To investigate and propose on its own initiative such amendments to the Planning and Zoning Code, as it may deem consistent with the purposes of this Planning and Zoning Code and which further the public health, safety, and general welfare of the City of Willoughby Hills.
      (7)    To review and approve proposed subdivision plats according to the procedures, standards and criteria stated in this Planning and Zoning Code.
         (Ord. 2006-35. Passed 5-25-06.)

1109.04 ARCHITECTURAL BOARD OF REVIEW.

   (a)    Establishment. The Planning and Zoning Commission shall serve as the Architectural Board of Review as established by the Charter of the City of Willoughby Hills.
   (b)    Quorum. A quorum shall consist of a majority of the Board members. Any action taken by the Board shall require an affirmative four votes of its members.
   (c)    Meetings. The Architectural Board of Review shall adopt rules and regulations in accordance with this Planning and Zoning Code as may be necessary to put into effect the powers and jurisdiction conferred herein or as conferred by the Charter of the City of Willoughby Hills. The Board shall hold regular monthly meetings, except when there is no business requiring Board action. The Board shall keep a record of its proceedings and decisions. The chair may call additional meetings at such other times as determined necessary. All meetings of the Board shall be open to the public.
   (d)    Powers and Duties. For the purposes of this Planning and Zoning Code, the Architectural Board of Review shall have the following powers and duties:
      (1)    To review and act on all plans and specifications for the construction, alteration or relocation of any building or structure according to the procedures, standards and criteria stated in this Planning and Zoning Code or in the Charter of the City of Willoughby Hills.
      (2)    To establish, according to accepted and recognized architectural principles, the criteria to be applied in evaluating: the design, use of materials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be erected, moved, altered, remodeled or repaired, subject to the provisions of the Zoning and Building Code, the Charter of the City of Willoughby Hills, and other applicable ordinances of the Municipality.
         (Ord. 2006-35. Passed 5-25-06.)

1109.05 BOARD OF BUILDING AND ZONING APPEALS.

   (a)    Establishment. The Board of Building and Zoning Appeals shall consist of five (5) members, as established by the Charter of the City of Willoughby Hills.
   (b)    Quorum. A quorum shall consist a majority of the Board members. Any action taken by the Board shall require a majority vote of its members.
   (c)    Meetings. The Board shall adopt rules and regulations in accordance with this Planning and Zoning Code as may be necessary to put into effect the powers and jurisdiction conferred herein or as conferred by the Charter of the City of Willoughby Hills. The Board shall hold regular monthly meetings, except when there is no business requiring Board action. The Board shall keep a record of its proceedings and decisions. The chair may call additional meetings at such other times as determined necessary. All meetings of the Board shall be open to the public.
   (d)    Powers and Duties. For the purposes of this Planning and Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:
      (1)    To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Planning and Zoning Code, unless otherwise provided in this Planning and Zoning Code.
      (2)    To authorize such variances from the terms of this Planning and Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Planning and Zoning Code will result in practical difficulty or unnecessary hardship, and so that the spirit of this Planning and Zoning Code shall be observed and substantial justice done.
      (3)    To permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Planning and Zoning Code. (Ord. 2006-35. Passed 5-25-06.)

1109.06 CITY COUNCIL.

   (a)    Powers and Duties. For the purposes of this Planning and Zoning Code, the City Council shall have the following powers and duties:
      (1)    To approve the dedication of any public land or easement before it is recorded.
      (2)    To approve the dedication of streets or the vacation of dedicated street right-of-ways.
      (3)    To initiate or act upon petitions for proposed amendments to this Planning and Zoning Code, after review of the Planning and Zoning Commission’s recommendation, and refer approved petitions to the public for vote.
      (4)    To establish, by ordinance, a schedule of fees.
      (5)    To review and act upon appeals regarding decisions made by the Architectural Board of Review.
         (Ord. 2006-35. Passed 5-25-06.)

1111.01 PURPOSE.

   The purpose of this Chapter is to provide adequate review by the Planning and Zoning Commission and the Architectural Board of Review of proposed developments in those zoning districts where the uses permitted are of such a nature, because of their size, scale or effect on surrounding property, that review of specific plans is deemed necessary to protect the public health, safety and general welfare of the community.
(Ord. 2006-35. Passed 5-25-06.)

1111.02 DEVELOPMENT PLAN REVIEW.

   Review of a development plans shall be conducted in compliance with the following:
   (a)    Development Plan Process. Development plan reviews should proceed and generally move in phases to include:
      (1)    Pre-application meeting with the Zoning Administrator
      (2)    Work session with the Planning and Zoning Commission/Architectural Board of Review review and discuss the development concept
      (3)    Preliminary plan preparation
      (4)    Final plan preparation
   (b)    Development Plan Review Required. A development plan that indicates, among other things, the exact location of buildings, landscaping, parking areas, access drives, signs, and outdoor storage areas shall be required for the following:
      (1)    Conservation developments;
      (2)    New construction of all permitted uses in multi-family, commercial, research and office, as well as industrial districts;
      (3)    New construction of all non-residential permitted uses in Single Family Residential Districts;
      (4)    New construction of all single-family attached dwelling units in the R-2 Attached Single-family/Townhouse District;
      (5)    New construction of all conditional uses;
      (6)    Senior citizen residential developments; and,
      (7)    Any existing or previously approved development meeting the criteria of subsections (1) through (6) above that proposes to alter, reconstruct, or otherwise modify a use or site including expanding the floor area of the permitted use; increasing the number of dwelling units in a multi-family development; or changing the use which requires an increase in the amount of parking or a change in the site's circulation.
   (c)    A change of occupancy in an existing structure, or in a previously approved final development plan, when there is no change in the bulk of the structure, and no change in the parking required, shall be exempt from the development plan review procedures. (Ord. 2006-35. Passed 5-25-06.)
   (d)    Sign Notification of Development. With the specific exception of development plan review for areas within the Commercial District B-3 High Density Mixed Use Classification, one temporary freestanding sign shall be required to be displayed on a lot or lots currently subject to any other development plan review by the City and as required by subsection (b) of this Ordinance. This referenced temporary freestanding sign shall meet the requirements set forth in Chapter 1151, Sign Regulations unless as specifically required to the contrary by this Chapter which shall then supersede and control including the following.
      (1)   The temporary freestanding sign shall be 4' by 4' in area and the applicant seeking development plan review under the provisions and requirements of this Chapter shall be required to meet allrequirements provided under this subsection regarding its purchase, installation and removal, which shall be at the applicant's sole cost and expense.
      (2)    No later than seven (7) days prior to the first public meeting or work session by the City Planning and Zoning Commission to review the relevant plan development, redevelopment or residential subdivision (major), the temporary freestanding sign shall be installed by the applicant and located if practical no closer than thirty (30) feet from the street right of way, or as closely compliant to this distance requirement from the right of way as practical to ensure desired visibility. In the event the temporary freestanding sign in not timely installed as provided for in this subsection, the City Planning and Zoning Commission shall not commence the first public meeting or work session and will reschedule the applicant's development plan review to its next immediately available first public meeting or work session.
      (3)    The temporary freestanding sign shall remain at its installation location until the end of thirty (30) days from the date of installation by the applicant. The sign shall then be removed within the immediately following seventy-two (72) time frame.
      (4)   The temporary freestanding sign shall provide the durability and material of an all-weather political sign, include a double-sided background and text lettering formatted in substantial compliance with Exhibit A, annexed and incorporated herein, and placed perpendicular to the right of way.
         (Ord. 2025-003. Passed 1-9-25.)

1111.03 PRE-APPLICATION MEETING ENCOURAGED.

   The applicant is encouraged to meet with the Zoning Administrator prior to submitting an application for preliminary development plan review or final development plan review. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of this Planning and Zoning Code and the criteria and standards contained within. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan. (Ord. 2006-35. Passed 5-25-06.)

1111.04 DEVELOPMENT PLAN REVIEW PROCEDURES.

   Development plans, including preliminary and final, shall be reviewed and distributed according to the following procedures.
   (a)    Review for Completeness. Within fourteen (14) days after receiving an application, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning and Zoning Commission’s agenda or declare the application a Minor Alteration, as permitted by Section 1111.05 , if applicable.
   (b)    Distribution of Plans. When the Zoning Administrator determines that the application for preliminary or final development plans are complete, the Zoning Administrator shall forward the application to the appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within 10 days from the date the application is deemed complete.
   (c)    Transmission to the Planning and Zoning Commission. For Final and Preliminary Development Reviews, the Zoning Administrator shall distribute the application for development plan review and any reports prepared by the individuals in subsection (b) above to the Planning and Zoning Commission, prior to the time of the Commission’s review at their next regularly scheduled meeting.
      (Ord. 2006-35. Passed 5-25-06.)

1111.05 MINOR ALTERATIONS REVIEWED BY ZONING ADMINISTRATOR.

   When a minor alteration is proposed to an existing building, structure or site arrangement on a zoning lot otherwise subject to development plan review pursuant to Section 1111.02, the Zoning Administrator may make a determination that such a proposal is not subject to development plan review or strict interpretation of the Zoning Code.
   (a)   For the purposes of this Section, a minor alteration shall include:
      (1)   Small, incidental alterations of existing off-street surface parking lots;
      (2)   Small incidental construction of accessory structures;
      (3)   Incidental additions or alterations to principal buildings on large zoning lots; and
       (4)   Minor design modifications that will have no discernible impact on neighboring properties, the public, or those intended to occupy or use the proposed development.
   (b)   The applicant shall submit a scaled drawing indicating the proposed minor alteration.
   (c)   The Zoning Administrator shall review the proposal to determine that it is not contrary to the spirit of this Planning and Zoning Code and will not result in any material adverse impact to the site or surrounding areas, in which case he may approve such request without involving formal action of the Planning and Zoning Commission.
   (d)   Alternately, the proposal may be placed on the agenda of the next regularly scheduled Planning and Zoning Commission meeting for handling in the customary manner.
   (e)   The Zoning Administrator shall report to the Planning and Zoning Commission, at their next regularly scheduled meeting, all instances where the authority granted in subsection (c) hereof has been exercised.
      (Ord. 2009-12. Passed 4-23-09.)

1111.06 PRELIMINARY DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.

   (a)    Submission of a Conceptual Plan. An application and conceptual plan should be prepared for every development and submitted to the Zoning Administrator. The purposes of a conceptual plan layout is to furnish sufficient information for determination of proper integration of the development with the area, compliance with City codes, and to permit an opportunity for the Planning and Zoning Commission and/or the Architectural Board of Review to conduct a work session to review and render comments before the plan is advanced. This process will take place before proceeding with the preparation of the preliminary development plan. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning and Zoning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning and Zoning Commission and/or the Architectural Board of Review.
   (b)    Submission of a Preliminary Development Plan. The applicant shall submit a preliminary development plan to the Zoning Administrator along with payment of the required fee. The development plan shall be prepared by a qualified professional and drawn to an appropriate scale, and shall disclose all uses proposed for the development, their location, extent and characteristics. The application for a preliminary development plan review shall include the following maps, plans, designs and supplementary documents, unless items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator:
      (1)    An accurate legal description prepared by or certified by a registered surveyor of the state;
      (2)    A property location map showing existing property lines, easements, utilities and street rights-of-way;
      (3)    A preliminary development plan indicating:
         A.    Use, location and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights;
         B.    Location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
         C.    Adjacent streets and property including lot lines, buildings, parking and drives within 200 feet of the site;
         D.    Proposed and existing fences, walls, signs, lighting;
         E.    Location and layout of all outdoor storage areas including storage of waste materials and location of trash receptacles;
         F.    Sanitary sewers, water and other utilities including fire hydrants, as required and proposed drainage and storm water management;
         G.    Dimensions of all buildings, setbacks, parking lots, drives and walkways.
      (4)    Topographic maps showing existing and proposed grading contours, and major vegetation features, including existing trees over six inches in diameter, wooded areas; wetlands and other environmental features;
      (5)    Proposed landscaping and screening plans pursuant to Chapter 1155 – Landscaping and Land Use Buffers; indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements and the existing trees to be removed;
      (6)    Preliminary architectural sketches of buildings and other structures, floor plans, site construction materials and signs;
      (7)    Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or nonresidential use including streets and open space; number of dwelling units by type;
      (8)    Other features necessary for the evaluation of the development plan as deemed necessary by the Zoning Administrator or Planning and Zoning Commission.
         (Ord. 2006-35. Passed 5-25-06.)

1111.07 FINAL DEVELOPMENT PLAN SUBMISSION REQUIREMENTS.

   An application for final development plan review shall be required for each phase of development. The application and the application fee shall be submitted to the Zoning Administrator. The application shall include the maps, plans, designs and supplementary documents itemized below, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator.
   (a)    An accurate, legal description prepared or certified by a registered surveyor of the state;
   (b)    A property location map showing existing property lines, easements, utilities and street rights-of-way;
   (c)    A final development plan, prepared by a qualified professional and drawn to an appropriate scale, indicating the following:
      (1)    Use, location and height of existing and proposed buildings and structures;
      (2)    Location of all public rights-of-way and private streets;
      (3)    Location and configuration of vehicular circulation including off-street parking and loading areas; the arrangement of internal and in-out traffic movement including access roads and drives; lane and other pavement markings to direct and control parking and circulation; and the location of signs related to parking and traffic control;
      (4)    Location of proposed and existing structures including fences, walls, signs, and lighting;
      (5)    Location and layout of all proposed and existing outdoor storage areas including storage of waste materials and location of trash receptacles;
      (6)    Sanitary sewers, water and other utilities including fire hydrants, as required, and proposed drainage and storm water management;
      (7)    Dimensions of all buildings, setbacks, parking areas, drives and walkways.
      (8)    The following items for Conservation Development and for Senior Citizen Residential Developments, in addition to the items identified in this Section:
         A.    Location of restricted open space required as well as the amount and location provided in previous phases;
         B.    Location of building envelopes within which dwelling units are to be constructed, and lot lines for single-family detached dwellings; and
         C.    Number of units approved built or approved for previous phases.
   (d)    A tree preservation plan, if required by the City.
   (e)    For proposed developments located in a Protected Hillside Area, the documentation required by Section 1167.05 , Permit Procedures.
   (f)    For Senior Citizen Residential Developments, evidence of the applicant’s ability to comply with the Housing for Older Persons Act of 1995 shall be submitted.
   (g)    The substance of covenants, grants of easements, or the restrictions proposed to be imposed upon the use or maintenance of land and buildings, including proposed easements or grants for public utilities. If the proposed project is a phased development, such documentation shall be submitted with all phases.
   (h)    Topographic maps showing existing and proposed grading contours and major vegetation features including existing trees over six inches in diameter, wooded areas, wetlands and other environmental features;
   (i)    Architectural plans for the proposed development or use showing all exterior elevations and building floor plans, site construction materials, and signs, prepared and certified by a professional engineer or architect;
   (j)    Proposed landscaping and screening plans pursuant to Chapter 1155, Landscaping and Land Use Buffers, indicating the description of the location and nature of existing and proposed vegetation, landscaping, screening elements and any existing trees to be removed;
   (k)    Summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets and open space, and the number of proposed dwelling units by type;
   (l)    For a phased development, a proposed schedule for completion of improvements that are designed to relate to, benefit or be used by the entire development. Such schedule shall be submitted with the first phase and shall relate completion of such improvements to completion of one or more phases of the development.
   (m)    Other information necessary for the evaluation of the final development plan as deemed necessary by the Zoning Administrator.
      (Ord. 2006-35. Passed 5-25-06.)

1111.08 PLANNING AND ZONING COMMISSION REVIEW OF PRELIMINARY DEVELOPMENT PLANS.

   The Planning and Zoning Commission shall review a development plan to determine if such application complies with the review criteria set forth below. The Planning and Zoning Commission shall take into consideration the comments and recommendation of staff and consultants. In order to approve a preliminary development plan, the Planning and Zoning Commission shall determine that:
   (a)    The plan is consistent with the Comprehensive Plan.
   (b)    The appropriate use and value of property within and adjacent to the area will be safeguarded.
   (c)    The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
   (d)    The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code.
      (Ord. 2006-35. Passed 5-25-06.)

1111.09 CRITERIA FOR REVIEWING FINAL DEVELOPMENT PLANS.

   In reviewing final development plans, the Planning and Zoning Commission shall review the development plan to determine if such application complies with the review criteria set forth below. The Planning and Zoning Commission shall take into consideration the comments and recommendation of staff and consultants when reviewing the application. In order to approve a final development plan, the Planning and Zoning Commission shall determine that:
   (a)    The plan is consistent with any plan for the orderly development of the City and, when applicable, conforms in all respects to the approved or provisionally approved preliminary development plan and the regulations of this Planning and Zoning Code.
   (b)    The appropriate use and value of property within and adjacent to the area will be safeguarded.
   (c)    The development will result in a harmonious grouping of buildings within the proposed development and in relationship to existing and proposed uses on adjacent property.
   (d)    Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property.
   (e)    The development will have adequate public service, parking and open spaces.
   (f)    The development will preserve and be sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Planning and Zoning Code.
   (g)    The development will provide adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas.
   (h)    Points of ingress/egress to the development shall be controlled and designed in such manner as to minimize conflicts with adjacent properties and developments.
   (i)    Adequate provision is made for emergency vehicle access and circulation;
   (j)    The proposed signs:
      (1)    Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and,
      (2)    Adequately identify the use; and
      (3)    Are located to maintain safe and orderly pedestrian and vehicular circulation.
   (k)    Site lighting is designed to minimize direct light, glare, and excessive glow, which unreasonably interferes with the use and enjoyment of adjacent property. If it is determined that, once the project is completed, the lighting does have unreasonable adverse impact on adjacent property, the Zoning Administrator, with assistance of the City Engineer, may order reasonable alterations to the site lighting (such as reduced illumination, shielding, landscaping, etc.) to mitigate such unreasonable impacts;
   (l)    The landscape plan will adequately:
      (1)    Enhance the principal building and site;
      (2)    Maintain existing trees to the extent possible;
      (3)    Buffer adjacent incompatible uses;
      (4)    Break up large expanses of pavement with natural material; and
      (5)    Provide appropriate plant materials considering the ultimate mature size and shape of plants relative to the buildings and site, and the climate of the area, including typical weather conditions.
   (m)    Adequate provision is made for storm drainage within and through the site so as to maintain, as far as practicable, usual and normal swales, water courses and drainage areas, and shall comply with the applicable regulations in this Planning and Zoning Code, and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters.
   (n)    If the project is to be carried out in progressive stages, each phase shall be so planned that the foregoing criteria are complied with at the completion of each phase. (Ord. 2006-35. Passed 5-25-06.)

1111.10 REQUEST FOR ADDITIONAL INFORMATION.

   In their review of an application, the Planning and Zoning Commission or the Zoning Administrator may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed development.
(Ord. 2006-35. Passed 5-25-06.)

1111.11 SIMULTANEOUS PLAT APPROVAL.

   If the proposed development includes the subdivision of land, the development shall be subject to the requirements of the plat approval process in accordance with Title Five of this Planning and Zoning Code. Final development plan approval and subdivision plat approval may proceed simultaneously at the discretion of the Planning and Zoning Commission.
(Ord. 2006-35. Passed 5-25-06.)

1111.12 ACTION BY PLANNING AND ZONING COMMISSION.

   (a)    For a preliminary or final development plan, the Planning and Zoning
Commission shall either:
      (1)    Approve the development plan as submitted; or
      (2)    Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
      (3)    Deny the development plan when the application does not demonstrate that the required standards have been met.
   (b)    For a preliminary or final development plan, the Planning and Zoning Commission may also postpone the development plan for the next scheduled Planning and Zoning Commission meeting, demonstrating to the applicant an acceptable alternative plan.
   (c)    Failure of the Planning and Zoning Commission to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, the applicant may deem the application denied.
(Ord. 2006-35. Passed 5-25-06.)

1111.13 SIGNIFICANCE OF AN APPROVED PLAN; PLAN REVISIONS.

   (a)    An approved final development plan shall become for the proposed development a binding commitment of the specific elements approved for development. The approved final development plan may be transferred to another person, corporation, or group of individuals or corporations prior to the issuance of a building permit. Such a transfer shall occur only upon approval of the Zoning Administrator. A request for such a transfer or change of ownership shall be presented to the Zoning Administrator and granted only if the new ownership entity satisfies the administrative, financial, legal and all other performance guarantees approved with the original development plan.
   (b)    All construction and development under any building permit shall be in accordance with the approved final development plan. Any departure from such plan shall be cause for revocation of the Zoning Certificate and/or Building Permit, and the property owner or other responsible parties are subject to penalties as prescribed by this Planning and Zoning Code.
   (c)    Any changes in an approved final development plan shall be resubmitted for approval in accordance with this Section.
(Ord. 2006-35. Passed 5-25-06.)

1111.14 APPROVAL BY ARCHITECTURAL BOARD OF REVIEW REQUIRED.

   No application for a final development plan shall be approved by the Planning and Zoning Commission unless first approved by the Architectural Board of Review. In reviewing final development plans, the Architectural Board of Reviews shall review the development plan to determine if such application complies with the review criteria set forth below. The applicant is encouraged to meet with the Architectural Board of Review at the preliminary development plan stage of a project to discuss criteria and standards pertaining to this Planning and Zoning Code. However, no action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
   (a)    In their review of an application, the Architectural Board of Review shall consider the following:
      (1)    The overall exterior appearance of any proposed building or structure;
      (2)    The height, build and scale of any proposed building or structure with respect to building or structures in the immediate area;
      (3)    The exterior materials, colors and textures of any proposed building or structure with respect to their compatibility with other buildings and structures within the immediate area;
      (4)    The arrangement and location of any proposed buildings, structures or uses on the site, as well as their relationship to other buildings and structures within the immediate area;
      (5)    The character, appearance and scale of any proposed landscaping or plantings for decorative or screening purposes; and
      (6)    All other factors that affect the appearance of the site and the area.
   (b)    The Architectural Board of Review shall endeavor to insure that the exterior appearance of all buildings, structures or uses will:
      (1)    Enhance the attractiveness and desirability of the area in keeping with its purpose and intent;
      (2)    Encourage the orderly and harmonious development of the area in keeping with its character;
      (3)    Improve residential amenities; and
      (4)    Enhance and protect the public and private investment and the value of all land and improvements within the area.
   (c)    The Architectural Board of Review shall not attempt to prescribe the style of architecture as long as the architectural style and design under consideration meet the standards set forth in Section 1111.14  (a) and (b).
   (d)    The Architectural Board of Review shall take one of the following actions:
      (1)    The Architectural Board of Review shall approve the final development plan if the proposed plan is determined to be appropriate and in conformance with the review criteria outlined in this Section;
      (2)    The Architectural Board of Review may approve the final development plan subject to reasonable requirements not included on the plan as submitted, to ensure that the development conforms to the intent and purposes of this Section. In such case, the Architectural Board of Review shall postpone the plan for the next scheduled Architectural Board of Review meeting so as to ensure that all reasonable requirements have been met; or
      (3)    The Architectural Board of Review shall deny the application if the plan is not found to comply with the specifications of this Planning and Zoning Code. The Architectural Board of Review shall indicate in its minutes the reasons for its action. (Ord. 2006-35. Passed 5-25-06.)

1111.15 EQUIVALENCY PROVISION.

   In reviewing the application, the Planning and Zoning Commission may find that a final development plan either adheres or is equivalent to the requirements of this Planning and Zoning Code.
   (a)    The Planning and Zoning Commission may consider elements of a final development plan to be equivalent to a requirement if:
      (1)    The proposed final development plan substantially complies with all specific requirements and with the purposes, intent and basic objectives of the zoning district;
      (2)    Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, as disclosed by the application, the proposal results in a development of equivalent or higher quality than that which could be achieved through strict application of such standards and requirements; and
      (3)    The development, as proposed, shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.
   (b)    It shall be the responsibility of the applicant to demonstrate to the Planning and Zoning Commission that the provisions of this Section have been satisfied. When evaluating the application with respect to this Section, the Planning and Zoning Commission shall make any finding of equivalency in writing which explains how and why the proposal has satisfied the above criteria. When making such a finding, the Commission may approve the proposed application, including waivers from the numerical standards herein, as if the application were in strict compliance with the standards and requirements in this Planning and Zoning Code.
   (c)    Approval under this Section is not a variance. Instead, this sub-section allows applicants to satisfy zoning requirements in ways not anticipated by the City.
      (Ord. 2006-35. Passed 5-25-06.)

1111.16 EXPIRATION OF DEVELOPMENT PLAN APPROVAL.

   An approved development plan shall remain valid for a period of twelve (12) months following the date of its approval, unless the Planning and Zoning Commission authorizes a longer period at the time of approval.
   (a)    Preliminary Development Plan. If, at the end of that time, a final development plan has not been submitted to the Zoning Administrator, then approval of the preliminary development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with this Chapter.
   (b)    Final Development Plan. If, at the end of that time, construction of the development has not begun, then approval of such final development plan shall expire and shall be of no effect unless resubmitted and re-approved in accordance with the procedures set forth in this Chapter. Construction is deemed to have begun when all necessary excavation and piers or footings of one or more principal buildings included in the plan have been completed.
      (Ord. 2006-35. Passed 5-25-06.)

1111.17 REVISIONS TO ASSOCIATION DOCUMENTS APPROVED BY CITY ATTORNEY.

   Whenever a homeowner’s association, community association, condominium association or similar legal entity amends those portions of their bylaws or code of regulations that pertain to maintenance obligations or access to common areas, such amendment shall be submitted to the City Attorney for review and approval. Failure to obtain approval of such amendment shall be deemed a violation of this Planning and Zoning Code.
(Ord. 2006-35. Passed 5-25-06.)

1111.18 APPEALS OF PLANNING AND ZONING COMMISSION DECISIONS.

   Decisions by the Planning and Zoning Commission granting or denying approval of Preliminary or Final development plans shall be final. Appeals shall be subject to judicial review in attendance with law. (Ord. 2006-35. Passed 5-25-06.)

1111.19 APPROVAL OF DEVELOPMENT PLAN REQUIRING VARIANCES.

   If the development application requires approval of both a development plan and a variance, the Zoning Administrator shall decide which procedures, development plan review or variance, the applicant shall proceed through first.
(Ord. 2006-35. Passed 5-25-06.)

1113.01 PURPOSES.

   The administrative provisions of this Chapter establish the procedures for reviewing and acting upon applications for zoning certificates, including certificates of occupancy, in order to accomplish the purposes for which this Planning and Zoning Code is adopted.
(Ord. 2006-35. Passed 5-25-06.)

1113.02 ZONING CERTIFICATE REQUIRED.

   No building or structure shall be erected, constructed, enlarged, structurally altered, or moved in whole or in part, and no use shall be established or changed in the City of Willoughby Hills prior to the issuance of a zoning certificate. A zoning certificate shall be issued only when the plans for the proposed use, building or structure fully comply with the regulations set forth in this Planning and Zoning Code.
   (a)    A zoning certificate shall be issued when:
      (1)    Single-Family Dwellings and Uses Accessory Thereto. An application for a single-family dwelling or use accessory thereto has been reviewed and approved by the Zoning Administrator according to the procedures of this Chapter, and when applicable, the dwelling and use accessory thereto have been approved by the Architectural Board of Review.
      (2)    All Other Permitted Uses. An application for any other permitted use not described in subsection (a)(1) above, has been reviewed and approved by the Planning and Zoning Commission or the Zoning Administrator according to the development plan review procedures set forth in Chapter 1111.
      (3)    Conditional Uses. An application for a conditional use has been reviewed and approved by the Planning and Zoning Commission according to the procedures set forth in Chapter 1115.
      (4)    Variance Requests. An application for which a variance from a requirement of this Planning and Zoning Code is requested has been reviewed and approved by the Board of Zoning Appeals, according to the procedures set forth in Chapter 1117.
      (5)    Similar Uses. An application for any building or use not specifically listed in this Planning and Zoning Code as a permitted or conditional use has been reviewed and approved by the Planning and Zoning Commission according to the procedures set in Chapter 1115.
      (6)    Flood Hazard Precautions. An application for development in areas of special flood hazard has been reviewed and approved as required by Chapter 1169, Flood Hazard Precautions.
   (b)    Applications for zoning certificates are available in the Office of the Zoning Administrator. A completed application form accompanied by all other applicable submission requirements shall be submitted to the Zoning Administrator.
      (Ord. 2006-35. Passed 5-25-06.)

1113.03 ZONING CERTIFICATE FOR A SINGLE-FAMILY DWELLING OR USE ACCESSORY THERETO.

   (a)    Submission of Applications. An application for the construction or alteration of a single-family dwelling or use accessory thereto shall include the items set forth below. Such applications may be submitted simultaneously with an application for a building permit.
      (1)    The completed application form, along with the application fee as established by the City.
      (2)    One copy of a general vicinity map.
      (3)    Ten (10) copies of an accurate survey, legibly drawn, unless the Zoning Administrator determines that a plot plan is acceptable, showing the following:
         A.    Property boundary lines and the exact dimensions and area of the lot to be built upon or utilized.
         B.    Right-of-way of adjacent streets.
         C.    Location, dimensions, height, and bulk of all structures to be erected or altered.
         D.    The existing and intended use(s) of all land, buildings and structures.
         E.    Dimensions of yards, setbacks, driveways and parking areas, wetlands, and riparian areas.
         F.    Location and use of buildings on adjoining lots within fifty (50) feet of all property lines.
         G.    Location, dimension, and use of any easements.
         H.    Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
         I.    Architectural plans showing all exterior elevations, building floor plans, and construction materials;
         J.    Property owners name and address and the permanent parcel number on each page
         K.    Any other pertinent data as may be necessary to determine and provide for the enforcement of this Planning and Zoning Code.
   (b)    Review for Completeness. The Zoning Administrator shall review each submitted application to determine compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant, within ten (10) days of receiving such application, of necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made.
   (c)    Action by Zoning Administrator. The Zoning Administrator shall evaluate the application for compliance with the applicable zoning code provisions within fourteen (14) days from the date it was determined to be complete. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Planning and Zoning Code. If the Zoning Administrator determines that the application complies with the regulations of this Planning and Zoning Code, and the footprint of the structure is not being altered, the Zoning Administrator shall either:
      (1)    Approve. The Zoning Administrator shall issue a zoning certificate upon finding that the building, structure or use, as proposed, complies with the provisions of this Planning and Zoning Code.
      (2)    Deny. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Planning and Zoning Code, then the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial, including the regulation(s) which would be violated by the proposed use, and shall transmit one copy thereof to the applicant along with one copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City’s permanent record.
   (d)    Review by the Architectural Board of Review. If Zoning Administrator finds that the application complies with the applicable regulations in this Planning and Zoning Code and the footprint of the structure is being altered, the Zoning Administrator shall forward the application to the Architectural Board of Review for their evaluation pursuant to Section 1111.14 , Approval by the Architectural Board of Review Required. If the Architectural Board of Review approves the application as specified in Section 1111.14 (d), the Zoning Administrator shall issue a zoning certificate. If the Architectural Board of Review denies the application, the zoning certificate shall not be issued. The Zoning Administrator shall state on the application the reason for the denial and shall transmit one copy thereof to the applicant along with one copy of the plot plan, signed, dated and noted as disapproved, retaining the original application for the City’s permanent record.
(Ord. 2006-35. Passed 5-25-06.)

1113.04 EXPIRATION OF ZONING CERTIFICATE.

   A zoning certificate shall become void at the expiration of twelve (12) months after the date of issuance unless, prior thereto, construction is begun, or an extension has been granted by the Zoning Administrator. If no construction is begun within one (1) year of the date of the certificate and an extension has not been granted, a new application and certificate shall be required. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed. The date of expiration shall be noted on the zoning certificate. Unfinished construction projects on which no progress is made for one hundred eighty (180) days shall be considered abandoned and declared a nuisance.
(Ord. 2006-35. Passed 5-25-06.)
 

1113.05 CERTIFICATE OF ZONING COMPLIANCE REQUIRED.

   No land, new building or structure shall be occupied or used, in whole or in part, and no change in the use of an existing building or structure, or any part thereof, shall be permitted, until a Certificate of Zoning Compliance has been applied for and issued by the Zoning Administrator.
   (a)    Certificate of Zoning Compliance shall be applied for and issued as follows:
      (1)    Occupancy of a Building. A Certificate of Zoning Compliance shall be required before a building that has been constructed, or an existing building that has been altered, moved, changed in use, or changed as to off-street parking or loading requirements may be occupied. A Certificate of Zoning Compliance shall only be issued after the completion of the erection or alteration, or change in use of the building and the building is found, upon inspection, to conform with the provisions of this Planning and Zoning Code.
      (2)    Occupancy of Land. A Certificate of Zoning Compliance shall be required before occupancy of the land or where use of the land has been changed to a use different from the prior use. A Certificate of Zoning Compliance shall be issued when it is determined, upon inspection, that the use conforms with the provisions of this Planning and Zoning Code.
      (3)    Change in Use of Nonconforming Building or Use. A Certificate of Zoning Compliance shall be required whenever a nonconforming building, structure or land is changed to another nonconforming use, and shall not be issued until the Board of Building and Zoning Appeals has approved the change in accordance with the provisions of Chapter 1121.
   (b)    Applications. Applications for a Certificate of Zoning Compliance are available in the office of the Zoning Administrator and shall include accurate information provided by the owner, or authorized representative, regarding the size and location of the lot, dimensions of all yards, setbacks and open space; the use of land or building operations or processes; and other pertinent information as may be requested by the City.
   (c)    Action by Zoning Administrator. The Zoning Administrator shall evaluate the application and approve or deny it within fourteen (14) days from the date the completed application was submitted. In evaluating the application, the Zoning Administrator may consult with any department, agency, public body, official, company, or individual necessary to determine whether the application complies with the regulations of this Planning and Zoning Code.
      (1)    Approval. The Zoning Administrator shall issue a Certificate of Compliance upon finding that the building, structure or use, as proposed, complies with the provisions of this Planning and Zoning Code.
      (2)    Denial. If it is determined by the Zoning Administrator that the proposed building, structure or use would violate one or more provisions of this Planning and Zoning Code, then the Certificate of Zoning Compliance shall not be issued. Upon disapproval of any application, the Zoning Administrator shall notify the applicant in writing of the reasons for disapproval.
   (d)    Certification. The Certificate of Zoning Compliance shall document that the building or proposed use of land or building conforms to the provisions of this Planning and Zoning Code.
   (e)    Records. A permanent record of all applications, approvals and certificates issued shall be on file in the office of the Zoning Administrator and available to the public. (Ord. 2006-35. Passed 5-25-06.)

1115.01 PURPOSE.

   When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use certificate is required and the application for such conditional use certificate shall be submitted and reviewed according to the guidelines outlined in this Chapter. (Ord. 2006-35. Passed 5-25-06.)

1115.02 PREAPPLICATION MEETING ENCOURAGED.

   The applicant is encouraged to meet with the Zoning Administrator or his/her designee prior to submitting an application for a conditional use certificate. The purpose of this meeting is to discuss early and informally with the applicant the purpose and effect of these zoning regulations and the criteria and standards contained within. However, no action shall be taken at such a meeting and no discussions, opinion, suggestions, or recommendations shall be relied upon by the applicant to indicate subsequent approval or disapproval of the application.
(Ord. 2006-35. Passed 5-25-06.)

1115.03 SUBMISSION OF APPLICATION.

   The owner or agent thereof, of property for which such conditional use is proposed shall file with the Zoning Administrator an application for a conditional use certificate accompanied by payment of the required fee. The application for a conditional use certificate shall disclose all uses proposed for the development, their location, extent, and characteristics and shall include the following information. A development plan and associated documentation as required in Sections 1111.06 and 1111.07 unless specific items required in Sections 1111.06 and 1111.07 are determined by the Zoning Administrator to be inapplicable or unnecessary and are waived in writing by the Zoning Administrator. (Ord. 2006-35. Passed 5-25-06.)

1115.04 CONDITIONAL USE APPLICATION PROCEDURES.

   (a)    Review for Completeness. Within fourteen (14) days after receiving an application for conditional use certificate, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning and Zoning Commission’s agenda.
   (b)    Distribution of Plans. When the Zoning Administrator determines that the application is complete, the Zoning Administrator shall forward the application to appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within fourteen (14) days from the date the application is deemed complete.
   (c)    Transmission to the Planning and Zoning Commission. The Zoning Administrator shall distribute the application for conditional use certificate and any reports prepared by the individuals in subsection (b) above to the Planning and Zoning Commission, prior to the time of the Commission’s review at their next regularly scheduled meeting.
(Ord. 2006-35. Passed 5-25-06.)

1115.05 REVIEW OF CONDITIONAL USE APPLICATION.

   The Planning and Zoning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code.
   (a)    The Planning and Zoning Commission shall review the development plan for the proposed conditional use according to the development plan review criteria set forth in Section 1111.09 , Criteria for Reviewing Final Development Plan, as applicable;
   (b)    The Planning and Zoning Commission shall review the application to determine if the establishment and operation of the proposed use complies with the general criteria established for all conditional uses and the specific requirements established for that particular use, as set forth in Chapter 1147 of this Planning and Zoning Code; and,
   (c)    The Planning and Zoning Commission may require the applicant to submit such additional information as deemed necessary including the carrying out of special studies and the provisions of expert advice. A deposit from the applicant may be required for the above. (Ord. 2006-35. Passed 5-25-06.)

1115.06 PUBLIC HEARING AND NOTICE BY PLANNING AND ZONING COMMISSION.

   The Planning and Zoning Commission shall hold a public hearing on the proposed conditional use. Notice of such public hearing shall be given by first class mail to the applicant and to the property owners within five hundred (500) feet of the property on which the use is proposed. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given on the City's website and social media posts. All notices shall be made at least fourteen (14) days before the date of said public hearing. All notices shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 2025-002. Passed 2-13-25.)

1115.07 ACTION BY PLANNING AND ZONING COMMISSION.

   (a)    The Planning and Zoning Commission shall take one of the following actions:
      (1)    If the proposed conditional use is determined by the Planning and Zoning Commission to be appropriate and in conformance with the review criteria outlined in Chapter 1147, Conditional Use Regulations, the Planning and Zoning Commission shall approve the conditional use certificate. As part of the approval, the Planning and Zoning Commission may prescribe reasonable requirements on the proposed use to ensure that the development conforms to the intent and purposes of the District and this Planning and Zoning Code. The Planning and Zoning Commission may approve the application for a conditional use without approving the submitted development plan.
      (2)    If the proposed use is not found to comply with the specifications of this Planning and Zoning Code, the Planning and Zoning Commission shall deny the application. The Planning and Zoning Commission shall indicate in its minutes the reasons for its action.
   (b)    If the Planning and Zoning Commission fails to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the development denied.
(Ord. 2006-35. Passed 5-25-06.)

1115.08 TERMS AND DURATION OF CONDITIONAL USE CERTIFICATE.

   Following the Planning and Zoning Commission’s approval of an application for conditional use certificate, the Zoning Administrator shall issue a conditional use certificate.
   (a)    A conditional use certificate shall authorize a particular conditional use on a specific parcel for which it was approved. A conditional use certificate issued pursuant to this Chapter shall be valid only for the use and the operation of such use as specified on the certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code. Approval shall automatically be void if, for any reason, the conditional use shall cease for more than one year.
   (b)    The conditional use certificate shall expire one year from the date of enactment, unless:
      (1)    The final development plan is approved for uses that require a final development plan;
      (2)    Substantial progress in the establishment of the use is accomplished; or
      (3)    As otherwise specifically approved by the Planning and Zoning Commission. (Ord. 2006-35. Passed 5-25-06.)

1115.09 REAPPLICATION.

   The Zoning Administrator shall accept no re-application for a conditional use certificate unless the re-application is based on a revised application that addresses the justification for the denial of the initial application. A re-application shall comply with all the requirements of this Chapter, including payment of the required fee.
(Ord. 2006-35. Passed 5-25-06.)

1115.10 SIMILAR USES.

   Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning and Zoning Commission may make a determination that a new use is similar to a use permitted in a district.
   (a)    Determination. A proposed use may be permitted as a similar use when the Planning and Zoning Commission determines that such proposed use is in compliance with the following provisions:
      (1)    The proposed use is not prohibited in any other district;
      (2)    The proposed use is not listed as a permitted use in any other district;
      (3)    The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
      (4)    The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
   (b)    Procedure. The Planning and Zoning Commission shall review the proposed use according to the conditional use procedures set forth in Chapter 1115, including the requirement for a public hearing.
   (c)    Action by Planning and Zoning Commission. The Planning and Zoning Commission shall approve, approve with modifications or deny the application for a similar use determination and provide the reasons for their decision.
      (Ord. 2006-35. Passed 5-25-06.)

1117.01 APPEALS TO BOARD OF BUILDING AND ZONING APPEALS.

   Appeals to the Board of Building and Zoning Appeals may be submitted by any person, firm or corporation, or by any officer, board or department of the City, deeming him/herself or itself to be adversely affected by a decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Planning and Zoning Code. The Board of Building and Zoning Appeals may also hear appeals as provided for in other City codes or ordinances.
(Ord. 2006-35. Passed 5-25-06.)

1117.02 INITIATION OF APPEAL.

   Applications for appeal shall be filed with the Zoning Administrator within twenty (20) days after the date of any adverse order, requirement, decision, or determination. Failure to file a notice of appeal within such twenty (20) days shall constitute a waiver of the right of appeal. The application for appeal shall include reference to the decision, the provision of this Planning and Zoning Code from which the appeal is sought, and reasons for the appeal.
(Ord. 2006-35. Passed 5-25-06.)

1117.03 PUBLIC HEARING BY THE BOARD.

   When an application for appeal has been filed in proper form with the Board of Building and Zoning Appeals and the application fee has been paid, the Zoning Administrator shall immediately place the request upon the calendar for public hearing before the Board of Building and Zoning Appeals. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person, by agent, or by attorney.
   The Board shall have and is hereby granted the power to subpoena and require the attendance and testimony of witnesses and the production of books, papers, public records and other documentary evidence pertinent to its hearings on appeal, or otherwise, as is authorized in this Planning and Zoning Code and to examine or permit examination, including cross-examination, of any such witness in relation to any such appeal or to any matter which it has authority to hear and determine. Fees shall be allowed to witnesses and shall be paid by the Finance Director on warrants issued by the clerk for attendance and traveling, as is provided in Ohio R.C. 2335.06 for witnesses in courts of record. Such fees and travel allowance shall be taxed as costs of the appeal. The Board may require a deposit not exceeding five dollars ($5.00) for any witness at the time of the filing of precipes of such witness but no deposit shall be required in the case of a witness subpoenaed on behalf of the administrative officer or the City. In case any person in disobedience to any subpoena issued by the Board, its Chairman or Clerk, shall fail or refuse to attend and testify to any matter regarding which he may be lawfully interrogated or produce any documentary evidence pertinent to any hearing, such person shall be guilty of a misdemeanor and fined not more than one hundred dollars ($100.00).
(Ord. 2006-35. Passed 5-25-06.)

1117.04 NOTICE OF PUBLIC HEARING.

   Notice of such public hearing shall be given by first class mail to the parties making the request for the appeal and to the property owners within five hundred (500) feet of the property to which such appeal relates. Failure of delivery of such notice shall not invalidate action taken
on such application. Further notice shall be given on the City's website and social media posts. All notices shall be mailed at least ten (10) days before the date of said public hearing. All notices shall set forth the time, place and nature of the public hearing.
(Ord. 2025-002. Passed 2-13-25.)

1117.05 STAY OF PROCEEDINGS.

   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator shall certify to the Board of Building and Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the permit, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(Ord. 2006-35. Passed 5-25-06.)

1117.06 REVIEW OF APPEAL.

   The Board of Building and Zoning Appeals shall review the appeal. To aid in their review, the Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or experts opinions shall be compiled by the Zoning Administrator and transmitted to the Board prior to the time of the Board’s review.
(Ord. 2006-35. Passed 5-25-06.)

1117.07 DECISION OF THE BOARD.

   Within its powers, the Board of Building and Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of an approval, a permit
or certificate.
   (a)    The Board shall render a decision on the appeal within forty-five (45) days from the date of the hearing unless an extended period of time is mutually agreed upon by the applicant and the Board. If the Board fails to act within such period of time, the appellant may determine the appeal has been denied.
   (b)    The Board shall notify the appellant in writing of the decision of the Board.
   (c)    The Zoning Administrator, or his/her designee, shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep record of the Board’s official actions.
   (d)    Once the appellant has received the Board's decision, he/she may submit, within twelve (12) months following the date of approval, an application for a zoning certificate, a development plan, or conditional use certificate that complies with the Board of Building and Zoning Appeal's decision. A copy of the Board of Building and Zoning Appeal's decision shall be attached to the application. If action is not taken by the appropriate party within the above-specified time frame, the authorization of the appeal shall become null and void, and reapplication to the Board shall be necessary. (Ord. 2006-35. Passed 5-25- 06.)

1117.08 REAPPLICATION OF APPEAL.

   If an appeal is denied by the Board of Building and Zoning Appeals, the Board need not rehear the application unless new evidence will be submitted.
(Ord. 2006-35. Passed 5-25-06.)

1117.09 VARIANCES.

   The Board of Building and Zoning Appeals may authorize in specific cases such variances from the terms of this Planning and Zoning Code as will not be contrary to the public interest according to the following procedures:
   (a)    Application Requirements. An application for a variance shall be filed with the Zoning Administrator for review by the Board of Building and Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
      (1)    Name, address and phone number of applicant(s);
      (2)    Proof of ownership, legal interest or written authority if the applicant is not the owner of record;
      (3)    Description of property or portion thereof;
      (4)    Description or nature of variance requested;
      (5)    Written narrative statements establishing and substantiating the justification for the variance pursuant to subsection (c) below;
      (6)    Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
      (7)    Payment of the application fee as established by Council;
      (8)    Any other documents deemed necessary by the Zoning Administrator or the Board. (Ord. 2009-13. Passed 4-23-09.)
   (b)    Review for Completeness. Within fourteen (14) days after receiving an application for variance, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Building and Zoning Appeals’ calendar for public hearing.
   (c)    Review by the Board. According to the procedures established for appeals in Sections 1117.03 and 1117.04 , the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Planning and Zoning Code and evidence demonstrates that the literal enforcement of this Planning and Zoning Code will result in practical difficulty or unnecessary hardship.
      (1)    Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
         A.    Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or proximity to nonconforming and inharmonious uses, structures or conditions;
         B.    Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
         C.    Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
         D.    Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
         E.    Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
         F.    Whether the property owner purchased the property with knowledge of the zoning restrictions;
         G.    Whether special conditions or circumstances exist as a result of actions of the owner;
         H.    Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
         I.    Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
         J.    Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
      (2)    Use Variance. Due to Section 5.32 of the City of Willoughby Hills Charter, the Board of Building and Zoning Appeals does not have the authority to grant a use variance. If that Charter Section is amended to permit the Board this authority, the following criteria and process shall be in full force and effect.
   In order to grant a use variance, the Board of Building and Zoning Appeals shall determine that strict compliance with the terms of this Planning and Zoning Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
         A.    The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
         B.    The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
         C.    The hardship condition is not created by actions of the applicant;
         D.    The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
         E.    The granting of the variance will not adversely affect the public health, safety or general welfare;
         F.    The variance will be consistent with the general spirit and intent of the Planning and Zoning Code; and
         G.    The variance sought is the minimum that will afford relief to the applicant.
   (d)    Requests for Additional Information. The Board of Building and Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
   (e)    Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.
   (f)    Action by the Board. The Board shall approve, approve with supplementary conditions as specified in subsection (e) above, or disapprove the request for variance according to the procedures established for appeals in Section 1117.07 .
   (g)    Term and Extension of Variance. Variances shall expire one (1) year from the date of their enactment for parcels in a Residential District and two (2) years for parcels in all other zoning districts, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Building and Zoning Appeals. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.
      (Ord. 2006-35. Passed 5-25-06.)

1117.10 FINALITY OF DECISIONS.

   Decisions of the Board of Building and Zoning Appeals shall be final within the Municipality, except that an appeal therefrom may be taken to any court of record in accordance with the laws of the State of Ohio, by any proper and interested party including the Municipality.
(Ord. 2006-35. Passed 5-25-06.)

1119.01 AUTHORITY FOR AMENDMENTS.

   The regulations imposed and the districts created under this Planning and Zoning Code may be amended from time to time by ordinance duly enacted by the City Council, after receipt of recommendations thereof from the Planning and Zoning Commission. No such amendment shall be adopted except in accordance with the procedures specified in this Chapter of this Planning and Zoning Code, and subject to the procedures provided by law.
(Ord. 2006-35. Passed 5-25-06.)

1119.02 INITIATION OF ZONING AMENDMENTS.

   Amendments to this Planning and Zoning Code shall only be initiated in one of the following ways:
   (a)    By the filing of an application by all owners or lessees of property or developers with an option or a signed purchase contract on such property within the area proposed to be changed or affected by said amendment. If the applicant is not the property owner, the property owner shall sign the application.
   (b)    By the adoption of a motion by the Planning and Zoning Commission.
   (c)    By the introduction of an ordinance by the City Council.
      (Ord. 2006-35. Passed 5-25-06.)

1119.03 AMENDMENTS INITIATED BY PROPERTY OWNERS.

   An amendment initiated by at least one owner or lessee of property or a developer with an option or a signed purchase contact on such property within the area proposed to be changed or affected by said amendment shall be submitted and reviewed according to the following:
   (a)    Discussion with Planning and Zoning Commission. Prior to submitting an application for an amendment to the Planning and Zoning Code, the applicant may appear before the Planning and Zoning Commission to informally discuss the proposed amendment. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning and Zoning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval of the proposed amendment.
   (b)    Submission Requirements. Applications for proposed amendments to both the Planning and Zoning Code text and Zoning map shall contain at least the following information:
      (1)    The name, address and phone number of the applicant and the property owner if other than the applicant;
      (2)    A statement of the reason(s) for the proposed amendment and the wording of the proposed amendment;
      (3)    A statement on the ways in which the proposed amendment relates to the Master Plan;
      (4)    The payment of the application fee as established by Council.
      (5)    Amendments to the Zoning Map adopted as part of this Planning and Zoning Code shall contain the following additional information:
         A.    Legal description of the parcel(s) to be rezoned, drawn by a registered surveyor;
         B.    Present use of the land and zoning district;
         C.    Proposed use of the land and zoning district;
         D.    A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;
         E.    A site plan, in duplicate, drawn to such scale as to clearly show the actual dimensions of the subject property according to the recorded plat of such property and lot numbers; and
         F.    The names, addresses, and lot numbers of the owners of property within a radius of five hundred (500) feet from the parcel or parcels of land proposed to be reclassified.
   (c)    Review for Completeness. The Zoning Administrator or designee shall review the submitted application for completeness and compliance with the applicable submission requirements within fourteen (14) days of receipt of such application. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration.
   (d)    Transmittal to the Planning and Zoning Commission. After the filing of a completed application by an owner, lessee of property or developer with an option or a signed purchase contract on such property, the Zoning Administrator shall transmit the application to the Planning and Zoning Commission to begin the adoption process set forth in Sections 1119.05 through 1119.10 .
      (Ord. 2006-35. Passed 5-25-06.)

1119.04 AMENDMENTS INITIATED BY THE PLANNING AND ZONING COMMISSION OR THE CITY COUNCIL.

   After the passage of a motion by the Planning and Zoning Commission or the introduction of an ordinance by the City Council, the motion or ordinance shall be reviewed and considered by the Planning and Zoning Commission and the City Council according to the process set forth in sub-sections 1119.05 through 1119.10. (Ord. 2006-35. Passed 5-25-06.)

1119.05 PUBLIC HEARING AND NOTICE BY PLANNING AND ZONING COMMISSION.

   (a)    Upon the receipt of an application, an ordinance or upon the passage of a motion, the Planning and Zoning Commission shall set a date for a public hearing for reviewing the
proposed amendment.
   (b)    Whenever a proposed map amendment proposes to rezone ten (10) or fewer parcels, written notification shall be given by the Zoning Administrator, by first class mail, to the applicant and to all owners of property located within five hundred (500) feet of the property proposed to be rezoned or redistricted. Failure of delivery of such notice shall not invalidate any recommendation of the Planning and Zoning Commission or any subsequently enacted ordinance.
   (c)    Notice shall be given on the City's website and social media posts.
   (d)    All notices shall be mailed at least ten (10) days prior to the date of the public hearing.
   (e)    Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any
person interested.
   (f)    The Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. (Ord. 2025-002. Passed 2-13-25.)

1119.06 AMENDMENTS TO TEXT.

   When a proposed amendment would result in a change in the text of this Zoning Code but would not result in a change of zoning classification of any property on the zoning map, the Planning and Zoning Commission and the City Council shall consider the following items when formulating its decisions:
   (a)    Whether such change is consistent with the intent and purposes of this Planning and Zoning Code;
   (b)    Which areas are most likely to be directly affected by such change and in what way they will be affected; and,
   (c)    Whether the proposed amendment is made necessary because of changed or changing conditions in the areas of zoning districts affected or in the city generally, and, if so, the nature of such changed or changing conditions.
      (Ord. 2006-35. Passed 5-25-06.)

1119.07 AMENDMENTS TO CHANGE ZONING DISTRICTS OR ZONING CLASSIFICATIONS OF PROPERTIES.

   When a proposed amendment would result in a change of zoning classification of any property, the Planning and Zoning Commission and the City Council should consider whether:
   (a)    The change in classification would be consistent with the Master Plan of the City or other adopted plans and policies.
   (b)    The change in classification would be consistent with the intent and purposes of this Planning and Zoning Code.
   (c)    The proposed amendment is made necessary because of changed or changing conditions in the area affected, and if so, the nature of such changed or changing conditions.
   (d)    The uses that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the immediate vicinity. The Planning and Zoning Commission may suggest conditions and restrictions on the uses that would be permitted on the property if it were reclassified in order to attain compatibility with the uses permitted on other property in the immediate vicinity.
   (e)    The uses that would be permitted on the property if it were reclassified would have an adverse environmental or health impact on the immediate surrounding area in terms of acceptable air, noise, light, or water quality standards.
   (f)    Adequate utility, sewer, and water facilities, and all other needed public services exist or can be provided to serve the uses that would be permitted on a property if it were reclassified.
   (g)    The amount of vacant land with the same zoning classification as proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances, if any, make a substantial part of such vacant land unavailable for development.
   (h)    The proposed amendment would correct an error in the application of this Planning and Zoning Code as applied to the subject property.
      (Ord. 2006-35. Passed 5-25-06.)

1119.08 RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION.

   (a)    After the conclusion of the public hearing required in Section 1119.05, the Planning and Zoning Commission shall recommend one of the following to City Council, in writing, along with the minutes of the hearing:
      (1)    That the amendment be granted as requested;
      (2)    That the amendment be granted as modified by the Planning and Zoning Commission; or,
      (3)    That the amendment be denied.
   (b)    If the Planning and Zoning Commission does not make a recommendation on the proposed amendment within forty-five (45) days after the public hearing, it shall be deemed that the recommendation of the Planning and Zoning Commission is that the amendment be denied.
   (c)    All recommendations shall also be forwarded to the applicant, as applicable.
(Ord. 2006-35. Passed 5-25-06.)

1119.09 PUBLIC HEARING AND NOTICE BY CITY COUNCIL.

   Upon receipt of the recommendation from the Planning and Zoning Commission, Council
shall set a time for a public hearing on the proposed amendment.
   (a)    Notice of the public hearing shall be given by Council according to the following:
      (1)   Notice of the proposed amendment shall be published at least thirty (30) days prior to the date of the required hearing, on the City's website and social media accounts.
      (2)    If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicates, written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least ten (10) days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment.
      (3)    Notices shall include the time and place of the public hearing, a summary of the proposed amendment and a statement that the opportunity to be heard will be afforded to any person interested.
         (Ord. 2025-002. Passed 2-13-25.)
   (b)    Council may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
   (c)    During the thirty (30) days prior to the public hearing, the text of the proposed amendment, maps or plans, if applicable, and the recommendation of the Planning and Zoning Commission shall be on file for public examination in the office of the Clerk of Council or in such other office as is designated by Council.
      (Ord. 2006-35. Passed 5-25-06.)

1119.10 ACTION BY CITY COUNCIL.

   After the conclusion of the public hearing required in Section 1119.09, Council shall take action on the proposed amendment.
   (a)    Council’s action shall either:
      (1)    Adopt the recommendation of the Planning and Zoning Commission;
      (2)    Deny the recommendation of the Planning and Zoning Commission; or
      (3)    Adopt some modification thereof.
   (b)    Required Vote for Adoption.
      (1)    When the Planning and Zoning Commission recommends approval of a proposed amendment, then no such amendment shall be adopted unless approved by a majority vote of the membership of Council.
      (2)    When the Planning and Zoning Commission recommends disapproval of a proposed amendment, then no such amendment shall be adopted unless approved by not less than 6/7 vote of the membership of Council.
   (c)    Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement if such amendment to the proposal is germane to the subject matter thereof and is in accordance with the recommendation of the Planning and Zoning Commission.
   (d)    If a proposed amendment is not adopted by the City Council within sixty (60) days after receiving latest recommendation of the Planning and Zoning Commission is submitted, such proposed amendment shall be deemed to have been defeated and denied and shall not thereafter be passed with out additional proceedings as provided in Sections 1119.02 through 1119.10.
   (e)    When a proposed amendment would result in a change to the permitted uses in a zoning district or in any changes to the Official Zoning Map, due to Sections 5.15 and 6.2 of the City of Willoughby Hills’ Charter, an action by City Council to approve any of the preceding changes is not effective until ratified by a majority vote of all votes cast by the qualified electors of the City of Willoughby Hills.
      (Ord. 2006-35. Passed 5-25-06.)

1121.01 PURPOSE.

   The purpose of this chapter is to recognize the existence of uses, buildings, lots, structures, and conditions that lawfully existed at the time of this Planning and Zoning Code’s enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Planning and Zoning Code. Nonconforming status is considered to be incompatible with permitted uses, buildings, lots, conditions and structures. Therefore, nonconforming uses, buildings, lots, structures and conditions are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. The regulations in this Chapter are established in order to achieve the following purposes:
   (a)    To permit the continuance but control of nonconforming uses so as to minimize any adverse effects the uses might have on the adjoining properties and development.
   (b)    To regulate their maintenance and repair.
   (c)    To require their permanent discontinuance if not operated for certain periods of time.
   (d)    To bring about eventual conformity of all uses in accordance with the objectives of the Master Plan and Planning and Zoning Code of the City.
   (e)   To establish regulations for the development of nonconforming lots.
      (Ord. 2009-14. Passed 4-23-09.)

1121.02 LAWFUL NONCONFORMANCE.

   (a)    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 Code, or any amendments thereto, may be continued although such use does not conform to the provisions of this Code. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provisions and conditions set forth in this Chapter.
   (b)    The provisions of this Chapter shall also apply to any building, structure, land or other use hereafter becoming nonconforming as a result of amendments made to this Planning and Zoning Code or Zoning Map.
   (c)    A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.
   (d)    Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located. (Ord. 2006-35. Passed 5-25-06.)

1121.03 NONCONFORMING USES OF BUILDINGS, STRUCTURES, OR LAND.

   A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
   (a)    Change or Substitution to Another Nonconforming Use. A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless:
      (1)    The Board of Building and Zoning Appeals, on appeal, finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use, and that the proposed substitution is of no greater intensity than the previous use, pursuant to the criteria in Section 1121.03 (c)(1), Expanding Nonconforming Uses and Structures. In permitting such change, the Board of Building and Zoning Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Planning and Zoning Code and when made a part of the terms under which the change is granted.
         A.    Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
         B.    Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.
         C.    Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Planning and Zoning Code and shall be punishable under Chapter 1107, Enforcement and Penalty.
      (2)    An application is filed with the Board of Building and Zoning Appeals and such application includes payment of the fee established by the City, and the items required in Chapter 1117, Appeals and Variances.
   (b)    Land Occupied by Nonconforming Use.
      (1)    Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming.
      (2)    Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.
   (c)    Structures Occupied by Nonconforming Use.
      (1)    Expanding Nonconforming Uses within Structures. Upon approval by the Board of Building and Zoning Appeals, a nonconforming use of an existing structure may be extended throughout any parts of a building that were arranged or designed for such use at the time of adoption or amendment to this Planning and Zoning Code, provided the intensity of the nonconforming use is not increased and no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use. In determining whether intensity of use is increased, the Board of Building and Zoning Appeals shall consider the following:
         A.    Hours of operation;
         B.    Volume and type of sales;
         C.    Type of processing activity;
         D.    Nature and location of storage;
         E.    Traffic generation by volume, type, and characteristics;
         F.    Parking and loading characteristics; and
         G.    Noise, smoke, odor, glare, vibration, radiation, and fumes.
      (2)    Expansion of Building(s). No such building shall be enlarged or expanded to increase the nonconforming use. No additional structures shall be constructed in connection with such nonconforming use.
      (3)    Alteration or Reconstruction of a Building Occupied by a Nonconforming Use.   No building or structure occupied by a nonconforming use shall be altered, improved, or reconstructed except when:
         A.   The use is changed to a use permitted in the district in which it is located, or
         B.   The building or portion thereof is demolished by any means that is not the voluntary action of the property owner, in which case the building(s) may be reconstructed substantially the same as existed prior to destruction. When used above, the term "substantially the same" is related to the building size and setbacks, the number of parking spaces, parking setbacks, driveway locations, landscaping, screening, etc. Such reconstruction shall be approved by the Planning and Zoning Commission and such reconstruction pursuant to this Section shall not be unreasonably withheld.
   (d)    Discontinuance of Use. Whenever a nonconforming use of a building, part of a building, lot or part of a lot is discontinued for more than one (1) year, such discontinuance shall constitute abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.
      (Ord. 2009-14. Passed 4-23-09.)

1121.04 NONCONFORMING BUILDINGS AND STRUCTURES.

   A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
   (a)    Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the addition(s) or part(s) moved conforms to the regulations of the district in which it is located.
   (b)    Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, which is not a voluntary action of the property owner, those portions so destroyed or damaged may be restored substantially the same as existed prior to destruction provided the reconstruction is begun within 12 months of the damage or destruction. When used above, the term "substantially the same" is related to the building size and setbacks, the number of parking spaces, parking setbacks, landscaping, screening, etc. Any restoration that exceeds the original footprint and/or floor area shall comply with subsection (a) hereof.
   (c)    Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Planning and Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
   (d)    Variances from district regulations on area, lot coverage, lot width, height, yards, location on the lot may be granted by the Board of Building and Zoning Appeals where necessary and where such appeal for a variance meets the requirements of Section 1117.09 (c)(1), Area Variance. The Zoning Administrator may allow the extension of an existing nonconforming building line if the extension maintains the same or creates a greater distance from the lot line.
      (Ord. 2009-14. Passed 4-23-09.)

1121.05 NONCONFORMING LOTS.

   A lot of record that, on the effective date of this Planning and Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
   (a)    Existing Buildings on Lots of Record. 
      (1)    Existing Building on a Nonresidential Lot. If the lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
      (2)    Existing Building on a Residential Lot. If the lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
         A.    Structural alterations or extensions of a residential structure, which is nonconforming only by reason of lot size or lot width, shall be permitted upon approval of the Zoning Administrator.
         B.    The number of dwelling units shall not be increased unless all regulations, including lot area, are complied with.
   (b)    Vacant Single Nonconforming Lot of Record.
      (1)    Single Nonconforming Lot of Record in a Residential District. A nonconforming lot in a R-1, Traditional Single-family Residential District that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed as a site for a single-family dwelling and customary accessory buildings.
         A.    Such dwelling and its accessory uses shall comply with all regulations of this Planning and Zoning Code, except for the lot area and lot width regulations of the district in which the lot is located.
         B.    Review and approval of development on such lots of record shall be conducted according to the procedures set forth in Section 1113.03 , Zoning Certificate for a Single-Family Dwelling or Use Accessory Thereto.
         C.    Variances of requirements from district regulations, other than lot area or lot width, shall be obtained through action of the Board of Building and Zoning Appeals as provided in this Chapter.
      (2)    A vacant nonconforming lot in a R-2, M, M-1, or non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements. No use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Chapter 1111, Development Plan Review Procedures.
   (c)    Lots in Combination. If a vacant nonconforming lot in any district adjoins one or more lots in common ownership on the effective date of this Planning and Zoning Code, or applicable amendment thereto, such lots shall be joined to create conforming lots as a prerequisite for development.
      (Ord. 2006-35. Passed 5-25-06.)

1121.06 NONCONFORMING PARKING FACILITIES.

   A building or use existing lawfully at the time of this Planning and Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with the off street parking regulations for the use may continue without such parking facilities. In the event an existing building is altered or a use is changed or substituted, in accordance with these regulations, then additional off-street parking spaces shall be provided in compliance with Section 1121.08, if this Code requires such additional parking spaces as a result of the proposed changes.
(Ord. 2006-35. Passed 5-25-06.)

1121.07 NONCONFORMING SIGNS.

   A sign, lawfully existing at the time this Planning and Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations set forth in Section 1151.08, Regulations for Nonconforming Signs.
(Ord. 2006-35. Passed 5-25-06.)

1121.08 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.

   If a nonconforming site condition(s) exists when a revised development plan is required pursuant to Chapter 1111, then such site condition(s) must be brought into compliance with district regulations, unless the Planning and Zoning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning and Zoning Commission shall approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(Ord. 2006-35. Passed 5-25-06.)

1121.09 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.

   Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Planning and Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval by the Planning and Zoning Commission according to the procedures for conditional uses set forth in Chapter 1115, Conditional Use Certificates and Similar Uses. (Ord. 2006-35. Passed 5-25-06.)

1121.10 DETERMINATION OF NONCONFORMING STATUS.

   At the time of application for a zoning certificate or request for variance, or upon the request of the Zoning Administrator regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence to verify that such lot, building, structure, or use was lawfully created or established in accordance with the zoning regulations in existence at that time. If the evidence submitted indicates the lot, building, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this Planning and Zoning Code, the Zoning Administrator shall issue a Certificate of Nonconforming Use. This certificate shall specify the reason why the use, building, structure or lot is nonconforming, and for nonconforming uses shall also include a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming.
(Ord. 2006-35. Passed 5-25-06.)

1121.11 COMPLETION OF CONSTRUCTION WITH ZONING CERTIFICATE.

   Nothing in this Planning and Zoning Code shall prohibit the completion of the construction and use of buildings for which a zoning certificate has been issued prior to the effective date of this Planning and Zoning Code, or amendments thereto, provided that construction is carried on diligently and without interruption and the entire building is completed within two years after the issuance of the zoning certificate. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.
(Ord. 2006-35. Passed 5-25-06.)