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(a) Types of Approvals
Officers and bodies of the City may approve, conditionally approve, or disapprove applications for the following Development Approvals:
A. Map Amendments
B. Text Amendments
B. Conditional Uses and Special Exceptions
D. Changes to Properties With Nonconformities
(3) Staff Approvals
A. Temporary Uses
C. Unlisted Uses Similar to Listed Uses
(4) Development Plans
A. Subdivision Plats
1. Minor Subdivisions
2. Preliminary Plats
3. Final Plats
B. Planned Unit Developments
C. Site Plan Reviews
(5) Certificates of Appropriateness
(6) Mandatory Referrals.
(b) Approval Process
No Development Approval shall be approved, conditionally approved, or disapproved except in conformance with:
(1) the applicable Approval Criteria in Tables 1310A, 1310C, 1310D, 1310E, 1310F, 1310G, 1310H, 1310I, and 1310J, and.
(2) the applicable approval process provided in this chapter or in Chapter 1320, Approval Procedures, and
(3) other applicable provisions of City regulations.
(c) Existing Uses Exempt
Except as otherwise provided herein, no lawful use that requires a Conditional Use Permit or other development Approval hereunder shall require such Approval to continue as it was on the effective date of the regulation making such requirement.
It shall be the responsibility of the owner or occupant of the property to provide evidence of the existence of the use on or prior to such date.
(d) Expansion or Alteration
Any expansion of, addition to, structural alteration of, or change of use of a use holding a Certificate of Appropriateness or Conditional Use Permit, or
exempted therefrom by division (c) that occurrs after the date of approval of such permit or certif-ificate or the date of effect of this chapter, whichever is later, shall require a new Certificate or Permit for such expansion, addition, alteration, or change.
(e) Responsibility for Action
Advisory Action and Final Action on Development Approvals shall be the responsibility of the bodies specified in Table 1320A in Chapter 1320, Approval Procedures.
(a) Purpose and Applicability
To adapt to new conditions and implement the Comprehensive Plan in phases, this Code must be changed from time to time.
The Design Review Board may recommend to the City Council rezonings to the PO District and may recommend to the Planning Commission amendments to the regulations for that District. The City Planning Commission may recommend to the Council other amendments to these regulations.
(b) Approval Process
The process for approval shall be as provided in Chapter 1320. Map amendments (rezonings) shall conform to the Approval Criteria of Table 1310A.
Table 1310A: Approval Criteria for Zoning Map Amendments
1. Support for Classification
A. Compatible With Environs
The uses permitted under the proposed district are compatible with existing uses or zoning in the environs, or
B. Supported by Trend of Development
The trend of development, redevelopment, or land use change in the general area since the original zoning was established supports the proposed zoning classification, or
C. Consistent With City Plans
The proposed classification is in harmony with objectives of the Barberton Comprehensive Plan and other applicable City plans adopted by City Council as viewed in light of any changed conditions since adoption.
2. Furthers Public Interest
The proposed zoning classification promotes the public interest and not solely the interest of the applicant.
3. Public Services Available
Adequate street capacity and public services are anticipated to be available to support the proposed classification.
(c) Rezonings to PO District
Barberton has a unique history as a planned industrial community and experimental farm created by an imaginative entrepreneur.
As a result, certain properties and areas in the City possess special character deriving from the presence of historic buildings or sites. When this character is of sufficient cultural, aesthetic, or economic value, special controls and review procedures governing design of new construction and alterations to existing properties are warranted to further the public welfare.
The PO Preservation Overlay District as provided herein is intended to establish such controls and procedures without significantly interfering with the development rights conferred by other City regulations.
It is therefore the intent of this chapter to establish procedures to guide change in historic areas. It seeks to do so by encouraging property owners and the City government to work out a mutually acceptable balance between preservation and alteration, between aesthetic and non-aesthetic development factors, and between the rights of the property owner and the public good.
Specifically, the PO District is intended to afford special protection to historic properties and areas that will:
A. protect and enhance business, cultural, and living environments
B. stimulate appropriate investment in and improvement of historic properties and areas by assuring a controlled environment that encourages such improvement and helps preserve its value
C. promote business and economic development by preserving the character of buildings and areas that have a special environment that appeals to residents and visitors
D. preserve the existing character and property values of historically significant parts of Barberton by discouraging incompatible change
E. recognize the rights and needs of property owners and businesses, and
F. promote a balance between aesthetic considerations and economic requirements and between conservation and change.
The intent of PO zoning is to provide a mech-anism for negotiations between the public and private sectors that allows the City to make progress while preserving the best of its past.
(2) Approval Process
Rezonings to the PO District shall be in conformance with Approval Criteria of Table 1310B and other provisions of this section.
All proposals for rezoning to the PO District shall be accompanied by documentation of conformance to the Approval Criteria of Table 1310B and shall clearly identify all primary property and all secondary property.
(3) Use of PO Zoning
Because historic character may be confined to a single property or portion thereof, a single lot or building site or portion thereof, such as a sign, may be classified in the PO District if consistent with Criterion 3 of Table 1310B.
A PO classification of a portion of a lot or building site shall be accompanied by a notation on the Zoning District Map or addendum thereto indicating what portion of the property is governed by the designation.
An open site without a building may be classified in the PO District if the site is of historic significance or otherwise conforms to the Approval Criteria of Table 1310B.
(4) Secondary Property
A PO District may include secondary property, as defined herein, whether developed or vacant, if City Council finds that their control under these provisions is necessary for the protection of primary property in its vicinty.
No more than 33 percent of the land area excluding streets within a contiguous multi-lot area located in the PO District shall be secondary property.
Except that, in order to provide a protected buffer zone around significant properties, lots located wholly or partially within 50 feet of a lot on which a primary property is located shall not be counted in determining the percent of land in secondary property.
The City Council may establish a moratorium on Building Permits, Demolition Permits, and/or Sign Permits in any area for which a rezoning to the PO District has been scheduled for consideration.
No such Permit shall be issued for any property within such area unless:
A. Final Action has been taken by Council on such rezoning, or 60 days have passed since the beginning of the moratorium, whichever comes first, or
B. the Permit application has been voluntarily submitted for the review required for a Certificate of Appropriateness and such Certificate has been approved therefor.
If the rezoning is approved, Permits shall thereafter be issued only after approval of a Certificate of Appropriateness.
(6) Design Guidelines
A. Guidelines Mandatory
The Design Review Board shall prepare and recommend for adoption as amendments to this Code specific Design Guidelines for:
1. any existing or proposed PO District with more than 5 lots, and
2. multi-lot Districts of 5 or fewer lots that are adjacent or separated at any point by under 200 feet, which are considered a single District for purposes of this provision.
Such Guidelines shall conform to the requirements of division B herein.
No rezoning to the PO District shall be effective prior to adoption of such Guidelines by City Council.
PO Districts of more than 5 lots that were Preservation Districts under previous regulations shall automatically become void if Guidelines therefor have not been adopted within 120 days of the date of effect of 1310.02(c).
B. Standards for Guidelines
All Design Guidelines shall conform to the requirements of this division.
A set of uniform or model design criteria not related to the specific character of the PO-zoned area, such as the Secretary of the Interior's Stan-dards, shall not qualify as Guidelines hereunder, although Guidelines may in-clude provisions from such criteria.
1. Findings on Existing Character
Guidelines shall be based on surveys and specific findings concerning the visual qualities of the existing historic character of the particular district. These findings shall be documented in the Guidelines.
2. Define Compatibility
Guidelines shall serve to clearly define the specific nature of the visual compatibility required of alterations under Table 1310J as related to that existing character.
3. Advance Notice to Applicants
Guidelines shall be sufficiently clear and detailed to convey in advance to prospective applicants as specifically as possible what the Design Review Board requires so as to prevent unnecessary delays in approval and unnecessary revisions to alteration plans.
4. Period of Significance
Guidelines for a multi-property PO District shall identify the period of significance represented by the District. Such period shall be sufficiently inclusive to acknowledge the span of time during which District properties were constructed or achieved significance.
The period of significance shall be used as a point of reference for determining visual compatibility within the district. It shall not be used to prevent contemporary treatments that may be deemed appropriate within the con-text of the district as a whole.
5. Guidelines for Secondary Property
Guidelines shall be defined for secondary property, as defined herein, that are appropriately less stringent than those applying to primary property.
Guidelines shall weigh the benefit to the public of the most historically appropriate treatments against any additional cost to the property owner therefor. They shall favor treatments offering the greatest public benefit in relation to private cost.
(7) Removal of PO Zoning
The City shall rezone a property, area, or portion thereof to remove the PO District if the characteristics of the property, area, or portion thereof on which the PO zoning was based have permanently ceased to exist.
Such rezoning shall not require a request therefor from the owner of the affected property. If a valid request is received, the rezoning shall be adopted by City Council no later than 90 days after receipt by the Planning Director of the request.
(8) Property Maintenance
The Building Commissioner shall give priority in enforcement of the City's property maintenance regulations to primary properties located in the PO District, especially those with the most significant violations, in order to prevent deterioration that would justify or require demolition. This requirement shall not apply to secondary properties.
If the property owner has not performed maintenance work ordered by the Commissioner within a reasonable period as determined by the Commissioner, the Commissioner may arrange for such work to be performed and assess the property owner for the cost thereof.
(9) Mandatory Referral
Actions by City government relating to prop-erties in the PO District are subject to Man-datory Referral, as provided in 1310.09.
(10) Sunset Provision
All provisions for the PO Preservation Overlay District shall become null and void if:
A. either prior to or within 360 days after the date of effect of division 1310.02(c) the Design Review Board has not recommended to City Council the rezoning of private property to such District or to the predecessor Preservation District, or
B. either prior to or within 540 days after such date City Council has not approved any such rezoning.
Table 1310B: Approval Criteria for Rezoning to PO District
The property or area to be rezoned has at least one of the significances specified below.
A. Historic Significance
It has special value associated with a site, person, group, organization, event, or pattern of events of local, state, or national historic significance.
For this purpose a pattern of events shall be considered a series of discrete events that are related both to each other and to the significance of the property or area and that do not serve merely to identify a historical era or other period of time or a style of architecture.
B. Architectural Significance
It has special value as historic architecture by:
1. being the work of a historically notable builder, architect, or designer, or
2. embodying architectural elements that make it innovative, distinctive, excellent, uncommon, irreplaceable, or otherwise significant, or
3. serving to create a special character or atmosphere that is of an economic value to the City or a portion thereof that justifies its preservation.
C. Other Significance
It has special value resulting from a singular physical characteristic that is a widely recognized and widely esteemed visual feature or landmark of the City or of any neighborhood.
"Special value" shall be considered to mean value not commonly exhibited by other properties or areas in the City. Such value need not be one-of-a-kind but shall be sufficiently uncommon to clearly merit special regulatory protection.
The property or area has further not seen publicly visible alterations to the original design, or to a successor design established as the compatibility standard, that are so drastic as to have largely destroyed the significance of the area or property and that could be reversed only with extraordinary difficulty.
2. Suitability for Preservation
The property or area exhibits sound structural condition and remains largely suitable physically for preservation or restoration.
3. Consistent With Adjacent Property or Plan
The placement of the property or area in the PO District is consistent with the significance of adjacent property or with the Preservation Plan for the City. It therefore does not represent an arbitrary imposition only upon certain properties or areas with such significance.
Note: This table defines criteria for primary property, as defined herein. Individual properties not meeting these criteria may be included in a multi-property District as secondary property subject to the provisions of 1310.02(c).
(1) Purpose and Applicability
Because of special circumstances affecting particular properties in the City, the literal application of the provisions of this Code may in certain instances create unintended hardships or practical difficulties.
As provided in Table 1320A, the Board of Zoning and Building Appeals and Planning Commission may accordingly grant Variances from the literal application of any provision of this Code, or any provision of a Site Plan approved under Section 1310.07 based on Findings of Fact related to the Approval Criteria of Table 1310C.
(2) Approval Process
The Variance approval process shall be as pro-vided in Chapter 1320.
(3) Use Variances
No Variance shall be approved or conditionally approved the effect of which would be substantially equivalent to a rezoning or Conditional Use approval or that would otherwise permit any use not allowed as a Permitted or Conditional Use in the applicable district.
(4) Non-Variance Relief
If the Board of Zoning and Building Appeals or Planning Commission finds that a requested Variance fails to conform to the applicable Approval Criteria and that a text or map amendment or other Development Approval is necessary to grant an applicant relief, it shall so advise the applicant.
A subsequent application for such other Approval shall not be considered a rehearing under division 1320.02(g)(18).
(5) Variances and Bonuses
No Variance shall be approved if a zoning bonus is provided--such as by Table 1230I or division 1110.02(f)(5)--that would achieve the same result unless the Board of Zoning and Building Appeals or Planning Commission finds use of the bonus to be impractical in the particular case.
(6) Homeowner Variances
The purpose of Homeowner Variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple Variances that are likely to have minimal adverse impact.
The fee owner, contract purchaser, or option holder of a single-family detached or attached or townhouse dwelling or a two-or three-family dwelling who wishes to request a Variance for that dwelling or its lot may apply for a Homeowner Variance.
An application involving more than one dwelling or more than one lot, as defined herein, shall not be filed as a Homeowner Variance.
1. Reduced Submissions
Filing submissions for Homeowner Variances shall be determined on a case-by-case basis by the Building Commissioner and may be less than required for other Variances in Table 1320B.
2. Lower Filing Fees
The City Council may establish fees for Homeowner Variances that are lower than those for other Variances.
Other procedures and requirements shall be as provided for all Variances.
Table 1310C: Approval Criteria for Variances
1. Special Circumstances Not Found Elsewhere
Special circumstances, fully described in Findings of Fact, exist that are peculiar to the property for which the Variance is sought and that do not apply generally to other properties in the same district or other regulatory classification.
And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide, in the form of a text amendment to the applicable regulations, a general regulation to cover them.
2. Hardship or Practical Difficulties
For reasons fully set forth in the written Findings, the literal application of the applicable provision would result in unnecessary and undue hardship or practical difficulties for the applicant, as distinguished from mere inconvenience.
3. Not Resulting from Applicant Action
The special circumstances and practical difficulties or hardship that are the basis for the Variance have not resulted from any act of the applicant or of any other party with a present interest in the property undertaken subsequent to the adoption of the regulation being varied.
Knowingly authorizing or proceeding with any action requiring any Variance, permit, certificate, or approval under City development regulations prior to such approval shall be considered such an act and shall not be the basis for approval of a Variance.
4. Preserves Rights Conferred by District
A Variance is necessary for the applicant to enjoy a substantial property right possessed by other conforming properties in the same district or other regulatory classification and does not confer a special privilege ordinarily denied to such other properties.
5. Necessary for Use of Property
The grant of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a Variance the applicant will be deprived of reasonable use or enjoyment of, or reasonable return, as defined herein, from, the property.
6. Not Alter Local Character
The granting of the Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.
7. Consistent With Ordinance and Plan
The granting of a Variance will be in harmony with the general purpose and intent of the regulations of this Code and of the Barberton Comprehensive Plan and other applicable adopted plans of the City, as viewed in light of any changed conditions since their adoption. It will not serve in effect to substantially invalidate or nullify any part thereof.
8. Minimum Variance Needed
The Variance approved is the minimum required to provide the applicant with relief from undue hardship or practical difficulties and with reasonable use and enjoyment of his or her property.
Please Note: To view the Variances Graphic, see page 1310-7 of the printed version of the Barberton Development Code
(b) Conditional Uses and Special Exceptions
Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.
Some such uses may, however, be properly allowed under special conditions. These uses may be approved as Conditional Uses if speci-fically designated as such in the applicable zoning district.
Because a Conditional Use is compatible only under special conditions, no Certificate of Compliance shall be issued for any use authorized as a Conditional Use in the applicable district before approval of a Conditional Use Permit.
Except as specifically provided otherwise herein, all regulations of the applicable zoning district, and all other applicable City regulations, shall apply to Conditional Uses.
(3) Approval Process
The process for approval of Conditional Uses shall be as provided in Chapter 1320. Appro-val Criteria shall be as provided in Table 1310D.
(4) Review Factors
In evaluating the suitability of a Conditional Use, the Planning Commission shall examine, as applicable, the following characteristics of the use and its structures or components:
A. Location and orientation
B. Lot size
C. Size of facility, including floor area, structure height, design capacity, and anticipated employment.
D. Site design and arrangement
E. Provisions affecting on- and off-site pedestrian and traffic movement, vehicle storage, and access by emergency vehicles
G. Screening or landscaping
H. Onor off-site buffering from incompatible uses with open spaces or transitional uses
I. Operations factors, such as hours of use or environmental controls, that affect land use compatibility
J. Other characteristics of the proposed use pertinent in the judgment of the Commission to an assessment of the impact of the use on the area.
(5) Specific Standards
The Commission may call upon technical ex-perts to determine specific development standards for particular Conditional Uses or oth-er Special Exceptions.
(6) Other Special Exceptions
Like Conditional Uses, other Special Exceptions to provisions of City development regu-lations may be approved without the need for an Amendment or Variance when such Exceptions and the conditions under which they may be allowed are specifically authorized in this Code.
Such Exceptions may be approved, condition-ally approved, or disapproved. The process for their approval shall be as provided in Chapter 1320. Approval Criteria shall be as specified for the particular Exception.
Table 1310D: Approval Criteria for Conditional Uses
On the basis of the review factors cited under in division 1310.03(b)(4), or changes in such factors required as a condition to approval, the proposed use will be compatible with its environs in all of the ways indicated herein.
1. Neighborhood Character
The proposed use will fit harmoniously with the character of existing Permitted Uses in its environs. Any adverse effects on environmental quality, prop-erty values, or neighborhood character beyond those normally associated with Permitted Uses in the district have been minimized.
2. Environmental Nuisance
Any effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the district, have been minimized.
Any adverse impact of types or volumes of traffic flow not otherwise typical of Permitted Uses in the zoning district has been minimized.
4. Use of Public Services and Facilities
The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.
5. Statutory Public Functions
Disapproval or conditional approval of a Conditional Use requested by a public body will not generally prevent such body from discharging its statutory functions but will only place reasonable restrictions on how and where those functions may be performed.
6. Other Factors
The use is in harmony with any other elements of compatibility pertinent to the Conditional Use in its proposed location.
Because actions of administrative officials and bodies under City regulations are subject to occasional error, the Board of Zoning and Building Appeals may hear Appeals of such actions and modify them if it finds an error has been made.
Except as otherwise provided herein, any party, including the City itself, tht is aggrieved by an alleged error in an administrative action--such as an order, requirement, decision, or determination--made under this Code by the Building Commissioner, Planning Director, or other authorized administrative official, board, commission, or department of the City may file an Appeal thereof with the Board of Zoning and Building Appeals.
Such actions shall include denial of a Certificate of Compliance, Certificate of Occupancy, Certificate of Appropriateness, Building Permit, or other permit or certificate based on noncompliance with the regulations of this Code.
The following shall not be subject to appeal to the Board of Zoning and Building Appeals:
A. actions of the City Council
B. actions of the Board of Zoning and Building Appeals
C. Advisory Action and advisory recommendations of any committee, commission, board, official, or staff to another official or body.
City Council and Board of Zoning and Building Appeals actions may be appealed to the Court of Common Pleas.
(3) Approval Process
A. Notice of Appeal
1. Filing Deadline
A Notice of Appeal shall be filed with the Building Commissioner within 10 days of the date of the action being appealed.
The Notice shall contain:
a. The name, address, and telephone number of the party filing the Appeal
b. The location of the property affected by the action being appealed
c. A numerical citation of the regulation governing the action appealed
d. A statement of the grounds on which the Appeal is based
e. The Findings of Fact or reason given by the official or body on which the action was based
f. A brief summary of the factual evidence upon which the Appeal is based
g. A plot plan and verbal description of the use affected by the action being appealed.
B. Stay of Proceedings
The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action appealed unless the Building Commissioner certifies to the Board of Zoning and Building Appeals that in his or her judgment a stay would cause imminent peril to life, health, or property.
In such case, no proceedings shall be stayed without issuance of a restrain-ing order by the Board or a court of record.
C. Action by Board
The Building Commissioner shall transmit to the Board upon receipt the Notice of Appeal and the complete record of the decision appealed. The Board shall set a reasonable time for a meeting to consider the Appeal.
Within 30 days of the conclusion of the meeting, the Board shall take final action on the Appeal in conformance with the Approval Criteria in Table 1310E.
The Board may affirm, modify, or reverse the action appealed, subject only to judicial review. To this end the Board shall have all the powers of the party whose action was appealed, including the power to direct the issuance of a certificate or permit.
Table 1310E: Approval Criteria for Appeals
The Board shall sustain an Appeal and reverse or modify an action appealed only if it finds that the action was an error not in conformance with applicable regulations of this Code by virtue of being:
1. based on erroneous interpretation of those regulations, or
2. based on an erroneous finding of a fact material to the action taken under the regulations, or
3. an abuse of the discretion allowed under the regulations, or
4. clearly not in conformance with applicable Approval Criteria or other provisions of the regulations.
If the Board finds that the action appealed was undertaken in full compliance with applicable regu-lations, it shall sustain the action and deny the Appeal even if it finds the action or the regulation to be objectionable.
The Board may recommend to the Planning Commission or City Council that the regulations be amended if it finds certain provisions to be undesirable, but it shall not sustain an Appeal as an alternative to such amendment.
(d) Changes to Properties With Nonconformities
In an older city like Barberton in which much development preceded modern land use regulations, certain determinations of the extent to which Nonconformities with current regulations should be eliminated can more equitably be made on the basis of case-by-case review than by an inflexible general rule.
When any of the actions specified in Table 1340A of Chapter 1340, Nonconformities, requires a decision by the Board of Zoning and Building Appeals on required elimination of Nonconformities, the owner of the affected property shall file an application with the Board.
(3) Approval Process
The process for approval of changes to properties with Nonconformities shall be as provided in Chapter 1320. Approval Criteria shall be as provided in Table 1310F.
(4) Action by Board
The Board may require that all Nonconformities be completely eliminated, that some Nonconformities be completely or partially eliminated, or that no Nonconformities be reduced or eliminated.
The Board may make its approval of a proposed action subject to such conditions as it deems necessary.
Table 1310F: Approval Criteria for Changes to Properties With Nonconformities
A Nonconformity on a nonconforming property shall be eliminated or reduced to the extent the Board of Zoning and Building Appeals determines reasonable.
The Board shall base its determination on such of the factors in this table as may in its judgment apply.
1. Effect on Nonconformity
The extent to which the requested action will reduce or increase the extent of nonconformity and make the property more nearly conforming or more nonconforming.
2. Effect on Incompatibility
The extent to which the action will otherwise reduce or increase incompatibility with the property's surroundings as related to the Approval Criteria for Conditional Uses in Table 1310D.
3. Prevalence of Nonconformity
The degree to which the Nonconformity is prevalent among properties in the environs and the extent to which its elimination might make the prop-erty less rather than more compatible therewith.
4. Perceptible Adverse Effects
The degree to which the Nonconformity is noticeable to the public and produces significant adverse effects on the environment of the area.
5. Effect on Useful Life
The extent to which the requested action will tend to significantly prolong or reduce the useful physical or economic life of the Nonconformity or otherwise delay or accelerate its eventual elimination.
6. Investment in Nonconformity
The amount of investment in the Nonconformity, the normal useful life thereof, and the amount of benefit already realized therefrom.
7. Legal Obligations
The existence of leases or other legal obligations governing the continuation of the Nonconformity and the existence of contingency provisions permitting termination of such obligations.
8. Physical Feasibility
The feasibility of eliminating the Nonconformity without relocation of sound major structures or acquisition of additional land.
9. Financial Feasibility
The feasibility of eliminating the Nonconformity without expense disproportionate to the cost of the proposed action.
The impact of the action on the need for off-street parking and the degree to which it is possible to eliminate any parking Nonconformity.
11. Conformity With Plan
The extent to which the requested action is supported by the adopted Barberton Comprehensive Plan despite present zoning that may not support it.
The degree to which requiring elimination of the Nonconformity in conjunction with the requested action would impose undue hardship upon the property owner or user because of the inability of the property to be reasonably used without the Nonconformity.
(a) Temporary Uses
Uses not in conformance with the provisions of this Code may provide a public benefit without significant detriment to the public welfare if they are established only for limited durations. In such cases full compliance with regulations for permanent uses may be unnecessary. This division allows uses not in compliance with regulations applicable to permanent uses to be established as Temporary Uses.
A. Permit Required
Except as specifically exempted therefrom, no Temporary Use not in full compliance with the provisions of this Code applicable to permanent uses shall be established or maintained without a currently valid Temporary Use Permit. Such Permits shall be issued by the Building Commissioner in accordance with Table 1310G and other provisions herein. No Certificate of Compliance shall be required for Temporary Uses.
A Temporary Use not in compliance with any provision of these regulations shall be considered a permanent use and shall be subject to all regulations applicable to permanent uses.
(3) Approval Process
A complete and correct application for a Temporary Use Permit shall be filed with the Building Commissioner at least 30 days before the establishment of the use. The application shall include an identification of the property and the type and proposed starting and ending dates of the use. It shall be accompanied by the applicable filing fee.
The Building Commissioner or Board of Zoning and Building Appeals may deny such a Permit or any renewal thereof or approve it subject to any restrictions, time limits, or conditions found necessary to conform to the Approval Criteria of Table 1310G. Within 7 days of application or of a decision by the BZBA, where required, the Com-missioner shall either issue or deny a Permit.
The Permit shall set forth any conditions to which it is subject. The permittee shall display the Permit within plain view on the premises of the Temporary Use for the duration of the Use.
(4) Term of Permit
A. Initial Term
A Temporary Use Permit may be issued:
1. by the Building Commissioner, for a period ending not later than 60 calendar days--or 3 calendar days in the case of a yard sale--from the date of the establishment of the use, or
2. by the Board of Zoning and Building Appeals, for a period ending not later than 180 calendar days from date of Permit issuance.
3. for yard sales, no more than 2 times in a calendar year to the same household.
1. Renewal Period
A Permit may be renewed at its expiration:
a. by the Commissioner, for a period not longer than 60 days from the expiration date, or
b. by the Board, for a period not longer than 180 days from the expiration date.
A Permit for a yard sale shall not be renewed.
2. Maximum Duration
A Permit may be renewed for a cumulative total, including the original term thereof:
a. by the Commissioner, of no more than 180 days from the date of the establishment of the use, or
b. by the Board, of no more than 360 days from the date of the establishhment of the use.
Application by the permittee for a new Permit within 60 days after the expiration of a Permit for the same use on the same property shall be considered a renewal of the previous Permit.
(5) Partial Compliance Upon Renewal
As a condition of Permit renewal, the Building Commissioner or Board may require partial compliance with regulations that would be applicable if the Temporary Use were a permanent use if such compliance is deemed necessary to make the use compatible with its environs. The Commissioner or Board may require progressively greater compliance with each subsequent renewal.
(6) Special Temporary Uses
Temporary Uses shall conform to provisions of any City regulations applying to special types of Temporary Uses in addition to the requirements of this section.
Table 1310G: Approval Criteria for Temporary Uses
1. No Permanent Exception to Normal Requirements
The Temporary Use is not likely to create longterm or permanent conditions in conflict with ap-plicable City development regulations governing permanent uses.
2. Easily Terminated
The use is of such a nature as to be easily and inexpensively terminated if termination is required or if any condition to which the Temporary Use Permit is made subject is not maintained.
Any permanent structures installed for the Temporary Use are suitable for conversion to permanent uses allowed under applicable City regulations.
3. Not Alternative to Other Approval
The Temporary Use Permit is the most suitable device to grant a use temporary relief from regulatory requirements and does not serve as an alter-native to a Variance, amendment, Conditional Use, or other approval for a use that is likely to remain permanently.
4. Not Alter Local Character
The Temporary Use will not permanently alter the essential character of the locality nor substantially and permanently impair environmental quality, property values, or public safety or welfare in the vicinity.
Because no set of written regulations can be specific enough to anticipate all circumstances, the intent of general rules as applied to particular situations will occasionally require interpretation.
To avoid unnecessary delay, the procedure herein for determining interpretations is intended to be as expeditious as possible.
Any party may request from the Building Commissioner an interpretation of any provision of this Code, including the Zoning District Map.
The Commissioner may also make such interpretations in the absence of a specific request as he or she determines necessary to administer the regulations.
(3) Approval Process
In consultation with the Director of Law, the Building Commissioner may determine interpretations of ambiguities in the text of the regulations or the Zoning District Map. Such interpretations shall be subject to Appeal as provided in division 1310.03(c).
No interpretation shall be made that is contrary to:
A. rules of interpretation or definitions in Chapters 1360, Definitions, or
B. rules of interpretation of Zoning District Map boundaries in division 1110.01(b)(1), or
C. other applicable regulations.
(c) Unlisted Uses Similar to Listed Uses
No set of regulations can list all land uses that may exist or may come into existence in the future.
Unnecessary costs and delays are imposed by requiring approval of a text amendment to this Code prior to the establishment in a zoning district of an unlisted use that is similar to a use already listed as allowed in that district. The provisions of this division allow such uses to be established with minimal cost and delay.
A use may be determined to be similar to a listed use in a particular Use Group in Chapter 1130 only if it is not listed as a Permitted or Conditional Use in any other Use Group.
(3) Approval Process and Criteria
A permanent use not established as a Permitted or Conditional Use in a zoning district, shall be allowed therein if it is determined by the Planning Director to be essentially similar to any listed use in that district with respect to:
A. types of goods or services produced or sold, and
B. generation of automobile, truck, or pedestrian traffic, and
C. hours of operation, and
D. general effect upon its environs.
Uses determined to be similar to listed Conditional Uses shall be subject to the approval of a Conditional Use Permit. All regulations applicable to a listed use shall also apply to an unlisted use to which it is judged similar.
(Ord. 117-2016. Passed 11-28-16.)
1310.05 Subdivision Approvals
The City Planning Commission shall have the pow-er to approve plats of subdivisions within or to be annexed to the City in order to:
(1) promote the orderly layout and appropriate use of land
(2) prevent the creation of unbuildable lots or lots that do not conform to this Code
(3) assure continuity of streets and other facilities between neighboring subdivisions, and
(4) assure provision of improvements that reduce environmental problems and provide for the needs generated by new developments.
No lot, tract, or parcel of land within the City shall be transferred before a Major Subdivision or Minor Subdivision has been approved hereunder and recorded. Neither description of such property by metes and bounds in the deed of transfer nor the absence of public streets or other public areas shall constitute and exception to this requirement.
No division of land within the City shall be submitted for recording with the Summit or Wayne County Recorder, as applicable, that has not been approved as provided herein.
No construction or installation of improvements in a subdivision shall begin before approval of a Pre-liminary Plat or Minor Subdivision.
Approval of Preliminary Plats and Final Plats shall be required for Major Subdivisions, as defined herein. Approval under a simplified approval process shall be required for Minor Subdivisions, as also defined herein.
(c) Site Condos and Coops
Site condominiums and site cooperatives, as defined herein, are not subject to subdivision approval hereunder but are subject to Site Plan Review approval under Section 1310.07.
The following shall not require approval as a subdivision hereunder:
(1) public acquisition of land for the widening of existing streets
(2) any combination of existing lots of record or portions thereof that does not create any new or residual parcel smaller in lot width or lot depth than any existing lot
(3) vacation of alleys along which 50 percent or more of abutting lots are developed
(4) vacation of unimproved easements for public travel, of pedestrian ways, and partial street vacations.
(e) Minor Subdivisions
(1) Qualification for Filing
A subdivision of land may be approved as a Minor Subdivision under authority of Section 711.131 of the Ohio Revised Code if the parcel to be divided is:
A. located along an existing public street, and
B. does not involve the opening, widening, or extension of any street, and
C. does not create more than five lots, including the parent lot, after it is completely subdivided, and
D. does not involve the installation of any public utility.
(2) Minor Subdivisions for Model Homes
A portion of a Major Subdivision may be filed as a Minor Subdivision for the purpose of early construction of model homes. Such a Minor Subdivision shall be filed and may be approved at the same time as the Preliminary Plat for the Major Subdivision.
(f) Planned Unit Developments
Subdivisions filed as Planned Unit Developments under Section 1310.06 may be granted relief from the requirements of this Code as provided therein.
(g) Plat Vacation and Resubdivision
Vacations of plats or parts thereof shall be approved by the Planning Commission after a copy of the plat to be vacated and an instrument declaring such vacation has been filed with the Commission. Plat vacations shall be subject to Section 711.17 et. seq. of the Ohio Revised Code. Approved vacating instruments shall be recorded with the County Recorder.
To resubdivide a recorded subdivision or part thereof, the old plat or portion shall be vacated and the new plat or portion approved under procedures for new subdivisions herein. The vacating declaration and the resubdivision plat may be filed and acted upon simultaneously. Approved resubdivisions shall be recorded, as applicable, with the Summit or Wayne County Recorder.
(h) Approval Process
The approval processes for Preliminary Plats, Final Plats, and Minor Subdivisions shall be as provided in Chapter 1320, Approval Procedures. Approval Criteria shall be as provided in Table 1310H.
Table 1310H: Approval Criteria for Preliminary Plats and Minor Subdivisions
1. Comprehensive Plan
The subdivision is in conformity with the Comprehensive Plan of the City.
2. Planning Standards
The subdivision exhibits conformity with the planning standards set forth in Sections 1240.02 through 1240.08.
3. Improvements Standards
The subdivision conforms to the standards for improvements of Section 1240.09.
4. Other Regulations
The subdivision conforms to all other applicable provisions of this Code.
1310.06 Planned Unit Development