(A) Zoning permit.
(1) Permit required. No person shall locate, erect, construct, reconstruct, enlarge or structurally alter any building or structure, including accessory buildings or structures, including temporary buildings or structures, without obtaining a zoning permit. No person shall change the use of any property without obtaining a zoning permit. No zoning permit shall be issued unless the plans for the proposed building or structure fully comply with all the provisions of these regulations.
(2) Application.
(a) Application for a zoning permit shall be made in writing to the Zoning Administrator.
(b) Each written application shall include the permit fee and the following information:
1. The name, address and telephone number of the property owner and the applicant;
2. A drawing showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part;
3. The location, size and height of any building or structure to be erected or altered;
4. The existing or intended use of each building, structure or use of land where no buildings are included, including the wording to appear on any signage;
5. The number of families or dwelling units each building is designed to accommodate, if applicable;
6. The location and size of off-street parking areas and loading/unloading facilities, if applicable; and
7. Any information deemed necessary by the Zoning Administrator to determine whether the request conforms with the requirements of these zoning regulations.
(3) Approval or denial of permit. The Zoning Administrator shall act upon all applications for zoning permits by either issuing a zoning permit or providing a letter of explanation as to why the application is denied.
(4) Records. A record of all zoning permit applications, with permit issued or letter of denial, shall be kept on file in the office of the Village Fiscal Officer.
(5) Time limit. If a zoning permit is issued for the purpose of constructing a new building or structure or an addition to an existing building or structure and the construction is not begun within a six month time period, or the construction is not substantially completed within a 12 month time period, then the zoning permit shall be null and void unless otherwise approved by the Board of Zoning Appeals.
(6) Extension of time limit. Should construction of an improvement for which the required zoning permit was legally granted have begun within six months of the effective date of these regulations, but due to circumstances beyond the control of the builder, cannot be completed within the required one year period, the Board of Zoning Appeals may authorize an extension of the zoning permit or issuance of a new zoning permit to complete the construction. A request for an extension or issuance of a new zoning permit must be submitted to the Zoning Administrator in advance of the expiration of the zoning permit. The request must include the circumstances which caused the delay and the anticipated completion date of construction. The Zoning Administrator shall forward the request to the Board of Zoning Appeals, which shall consider the request and either grant an extension of the existing permit for a specified length of time not to exceed six months; shall authorize issuance of a new zoning permit; or shall deny the request.
(7) Permit revoked.
(a) Any zoning permit issued upon a false statement shall be void, and the false statement shall be deemed a violation of these regulations.
(b) Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement set forth in approved plans and applications, and construction that does not comply with that use authorized shall be deemed a violation of these regulations.
(c) Whenever an unauthorized use and/or arrangement is established to the satisfaction of the Zoning Administrator, the zoning permit shall be revoked by notice in writing to be mailed or delivered to the holder of the void certificate. Any person who proceeds thereafter with work or use without having obtained a new zoning permit shall be deemed guilty of a violation of these regulations.
(8) Penalty for violation. Any person or corporation who violates any of the provisions of these regulations or who fails to comply with any of the requirements thereof, or who builds or alters any building or structure in violation of any statement or plan submitted and approved, shall for each and every violation or noncompliance be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500 or imprisoned not to exceed 30 days, or both, and each day such violation shall be permitted to exist shall constitute a separate offense.
(B) Text amendments and changes of zoning districts.
(1) Amendments or supplements. Amendments or supplements to the zoning regulations may be initiated by motion of the Village Planning Commission, by motion of the Village Council, or by the filing of an application by one or more of the owners of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Planning Commission.
(2) Village Council action. The Village Council shall favorably consider an application for a text amendment, whether to the zoning regulations text or the official zoning district map, only if the request for a change of zoning meets the following conditions:
(a) Manifest error in the original zoning regulations text and/or designations on the official zoning district map;
(b) Accordance with, or more appropriate conformance to, any existing land use plans for the area under consideration;
(c) Substantial change in area conditions; and
(d) Legitimate requirement for additional land area for the particular zoning district.
(3) Applications. All applications filed by the owner(s) or lessees of the property within the area proposed to be changed or affected by the proposed amendment or supplement shall include the filing fee and the following information:
(a) A description or statement of the present and proposed provisions of this zoning resolution or the proposed change of the district boundaries of the official zoning district map;
(b) A map showing the existing and proposed zoning of the property to which a change in district boundaries is proposed and the zoning of the surrounding properties and a legal description of the property to be affected by a proposed change of the district boundaries;
(c) A statement of the relation of the proposed change or amendment to the general health, safety, aesthetics and welfare of the public in terms of need or appropriateness of the change within the area by reason of changed or changing conditions and the relation to appropriate plans for the area; and
(d) A list of the names and addresses of owners of property within, contiguous to and directly across the street from the area proposed to be rezoned. The list is to be in accordance with the Shelby County Auditor’s current tax list.
(4) Review and hearing process.
(a) Notice to Village Planning Commission. Upon receipt of application or following motion by Village Council the Zoning Administrator shall forward to the Planning Commission a copy of the proposed change or amendment, together with text and map pertaining thereto.
(b) Planning Commission. The Planning Commission shall meet to review the proposed change or amendment, at which meeting the Zoning Administrator shall present to the Village Planning Commission a written report and map(s), where appropriate, including all apparent facts, implications and conclusions concerning the proposed change or amendment. The Planning Commission shall forward their recommendation to approve, deny, or modify all requests to Village Council.
(c) Village Council. Village Council shall by motion set the date, time, and place for the public hearing.
(d) Village Fiscal Officer.
1. The Village Fiscal Officer shall issue a public notice of the time and place of the hearing, together with a summary of the proposed change or amendment to be published in a newspaper of general circulation in Shelby County one time, the date of publication to be at least 30 days before the date for the hearing.
2. In addition thereto, if the proposed amendment or change in the zoning regulations or the official zoning district map shall intend to rezone or redistrict ten or less parcels of land as shown and listed upon the tax duplicates, the Village Fiscal Officer shall cause a written notice of the hearing to be mailed by regular U.S. mail to the owners of the property within, contiguous to and directly across the street from the parcel or parcels intended to be rezoned or redistricted.
3. In addition, the Village Fiscal Officer shall cause to be prepared and placed on file in the village offices at least 30 days prior to the public hearing a copy of any ordinance proposed to be enacted, together with a copy of any map or plans referred to in the ordinance or included as a part of the application for the redistricting or rezoning, as submitted by any applicant and recommended by the Planning Commission.
4. Public hearing. The Village Council shall consider the proposed change or amendment at the scheduled public hearing, and at other meetings deemed necessary.
5. Action by the Village Council. Following the public hearing, the Village Council shall either adopt or deny the recommendation of the Planning Commission in accordance with the provisions of R.C. § 713.12.
(5) Date of effect. Any ordinance changing or amending the zoning regulations or the official zoning district map of the Village of Anna, or redistricting or rezoning any portion of land within the Village of Anna, shall become effective 30 days from the date of its adoption by the Village Council. During this 30 day period the same shall be posted or published as required by law unless within the 30 day period a petition is presented to the Village Council requesting that the change or amendment, redistricting or rezoning, be submitted to a referendum and the petition complies with the Ohio Revised Code with respect to referendum petitions.
(C) Variance.
(1) On a particular property, exceptional narrowness, shallowness, shape, topographic conditions or extraordinary situations or circumstances may exist, making a strict enforcement of the requirements of the zoning regulations unreasonable. Under these circumstances the Board of Appeals may grant a variance from these requirements to provide the flexibility necessary to adapt to changed or unusual conditions under circumstances which do not ordinarily involve a change of the use of the land or structure permitted. No variance shall be granted unless the Board of Zoning Appeals finds that all of the following conditions exist:
(a) The special circumstances applying to the building or land in question are peculiar to the lot or property and do not apply generally to other land or buildings in the vicinity;
(b) The granting of the variance requested will not substantially impair the intent of these regulations nor confer on the applicant any special privilege that is denied to other lands or structures in the same zoning district; and
(c) The granting of the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare or injurious to private property or public improvements in the vicinity.
(2) Application. An application for variance shall be filed with the Zoning Administrator by the owner of the property or his or her agent. The application shall include the application fee and the following information:
(a) The nature of the variance, including the specific provisions of the zoning regulations to which the variance is requested;
(b) A legal description of the property;
(c) A statement addressing the reasons for which a variance may be granted, including the special circumstances or conditions applying to the land or structure that do not generally apply throughout the zoning district;
(d) A list of the names and addresses of owners of property within, contiguous to and directly across the street from the property for which the variance is requested. The list is to be in accordance with the Shelby County Auditor’s current tax list;
(e) A plan showing the following:
1. The boundaries and dimensions of the lot;
2. All special conditions or circumstances for which a variance may be warranted;
3. The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking and loading spaces, and landscaping;
4. The relationship of the requested variance to the lot size, bulk and parking requirements; and
(f) Any other information regarding the application for appeal as may be pertinent or required by the Zoning Administrator or the Board of Zoning Appeals.
(3) Board of Zoning Appeals action.
(a) Public hearing to be scheduled. Upon receipt of an application for variance the Zoning Administrator shall schedule a public hearing for the Board of Zoning Appeals to consider the request.
(b) Notice of meeting. The Village Fiscal Officer shall issue a public notice of the time and place of the public hearing to be published in a newspaper of general circulation in Shelby County one time, the date of publication to be at least seven days before the date for the meeting.
(c) Notification. In addition thereto, the Village Fiscal Officer shall cause a written notice of the hearing to be mailed by regular U.S. mail to the owners of the property within, contiguous to and directly across the street from the parcel or parcels for which a variance is requested.
(4) Time limit. The Board of Appeals shall act upon all requests within 30 days of the application being filed unless a longer period of time is mutually agreed between the Board and the applicant.
(5) Resubmittal. Should a variance be denied it shall not be resubmitted for consideration for a minimum of two years from the date of denial, unless the request is substantially changed from the original request and so may be considered a new request.
(D) Conditional use permit.
(1) Granting of permit. The Board of Zoning Appeals is authorized to grant a conditional use permit to those uses listed as conditional uses, to uses sufficiently similar to those listed uses as to be considered conditional uses, or to allow more than one type of use per lot. The Board shall consider the provisions of these regulations in hearing requests for a conditional use permit and may impose requirements and/or other conditions in granting a conditional use if necessary, in the opinion of the Board, to protect the general health, safety, welfare and aesthetics of the village.
(2) Application.
(a) An application for a conditional use permit shall be filed with the Zoning Administrator by the owner or the property or his or her agent.
(b) The application shall include the application fee and the following information:
1. The nature of the requested conditional use, including any conditions proposed to mitigate its impact on the surrounding properties;
2. A legal description of the property;
3. A statement of the relationship of the proposed use to adjacent property and land use;
4. A list of the names and addresses of owners of property within, contiguous to and directly across the street from the property for which a conditional use permit is requested. The list is to be in accordance with the Shelby County Auditor’s current tax list; and
5. Any other information regarding the property, proposed use, or surrounding area as may be pertinent to the application as required for appropriate action by the Board of Zoning Appeals.
(3) Public hearing.
(a) Upon receipt of an application for a conditional use the Zoning Administrator shall schedule a public hearing for the Board of Zoning Appeals to consider the request.
(b) Notice of meeting.
1. The Fiscal Officer of the Village of Anna shall issue a public notice of the time and place of the meeting to be published in a newspaper of general circulation in Shelby County one time, the date of publication to be at least seven days before the date for the meeting.
2. In addition thereto, the Village Fiscal Officer shall cause a written notice of the hearing to be mailed by regular U.S. mail to the owners of the property within, contiguous to and directly across the street from the parcel or parcels for which a conditional use is requested.
(4) Board of Appeals action.
(a) The Board shall act upon requests for conditional use permits within 30 days of the requests being filed unless the Board and the applicant mutually agree to an extension of time.
(b) The Board shall hear the applicant and all interested parties and either approve or deny the application.
(c) The Board of Zoning Appeals shall submit a written record of the reasons for its action to the applicant upon request.
(5) Permit revoked.
(a) The Board of Zoning Appeals may revoke a conditional use permit for failure to comply with the conditions of that approval.
(b) The Board shall notify the holder of the Board’s intention to revoke approval and of the holder’s right to a hearing before the Board via certified mail. The holder must request a hearing within 30 days of the date of receipt of the notification.
(c) If the holder requests a hearing, the Board shall set a time and place for the hearing and notify the holder as well as all adjoining properties owners which would be notified if this were a request for a new conditional use permit.
(d) The Board shall hear the applicant and all interested parties at the hearing and shall determine whether the permit shall be revoked, amended, or allowed to continue without change.
(e) If no hearing is requested, the Board may revoke the conditional use permit without a hearing at the end of the 30 day period of notification. The authority to revoke approval is in addition to any other means of zoning enforcement provided.
(E) Planned Unit Development District approval. A Planned Unit Development District shall be approved only through the process specifically stated in these regulations and only when the approval will not endanger the general health, safety, welfare and aesthetics of the Village of Anna, as determined by the Planning Commission and the Village Council.
(F) Interpretation of text and map. The Board of Zoning Appeals shall have the power to decide any questions involving the interpretation of the zoning text or official zoning district map as set forth in these regulations.
(G) Appeal of administrative decisions.
(1) (a) Where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator or his or her designee in the administration and enforcement of the provisions of these regulations, the Board of Appeals shall hold a hearing to consider the appeal.
(b) The Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
(2) (a) Appeals to the Board of Zoning Appeals may be submitted by any person aggrieved or by any office of the village affected by any decision of the Zoning Administrator.
(b) The appeal shall be submitted within 30 days after the decision by filing with the Zoning Administrator a notice of appeal, specifying the grounds.
(3) (a) Upon receipt of a request for appeal the Zoning Administrator shall set a time and place for the Board of Zoning Appeals to hear the appeal.
(b) The public hearing shall be scheduled within 30 days of the receipt of the appeal unless an extension of time is agreed between the Board and the person or office appealing.
(4) At the hearing the Board shall consider the appeal and all pertinent information and either reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination, and to that end shall have all powers of the officer from whom the appeal is taken.
(H) Review of site plan.
(1) Planning Commission review.
(a) The Planning Commission shall have the authority to review all site plans for non-residential development and for residential development of more than two dwelling units.
(b) The purpose of the review is to determine whether the proposed plans meet the requirements of these regulations and to determine specific requirements for each site in those instances where these regulations state only general requirements.
(c) The review shall include, but not necessarily be limited to, a review of the location of any proposed building or structure on a lot, the provision of parking, whether any portion of the lot is to have lighting, the proposed placement and wording of signage, and whether adequate drainage has been provided.
(2) Application. An application for a site plan review shall be filed with the Zoning Administrator and shall include the following information:
(a) The name and address of the owner and developer;
(b) A legal description of the property;
(c) A list of the names and addresses of owners of property within, contiguous to and directly across the street from the property proposed to be developed;
(d) A scale drawing showing the following information:
1. The boundaries, dimensions and zoning of the lot to be improved;
2. The location, size and height of all existing structures and all proposed improvements; required and proposed yard setbacks;
3. Existing and proposed parking and loading spaces, and all information required to calculate parking and loading requirements;
4. Location and dimensions of proposed driveways and other access points, including sidewalks;
5. Location and wording of all proposed signage;
6. Location and type of all existing and proposed lighting;
7. Location and capacity of all proposed drainage improvements;
8. Location of all proposed landscaping and the type and size of plantings; and
9. Any other information required by the Zoning Administrator to ensure compliance with this code.
(3) Notification requirements. The Zoning Administrator shall cause a written notice of the review to be mailed or delivered to the owners of the property within, contiguous to and directly across the street from the property for which a site plan review is requested.
(4) Planning Commission action. Within 30 days of the request for site plan review being filed (unless an extension of time is agreed to by the applicant and the Commission), the Commission shall review all plans for compliance with the requirements of these regulations.
(Ord. 1227-98, passed 1-12-1999; Am. Ord. 1574-11, passed 6-14-2011)
Penalty, see § 153.999