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(A) Appeals.
(1) Appeals to Commission. Appeals to the Planning and Zoning Commission concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Zoning Inspector and with the Planning and Zoning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector, by reason of facts stated in the application, finds that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning and Zoning Commission by a court of record.
(B) Variances.
(1) The Planning and Zoning Commission may authorize a variance from the terms of this chapter which shall not be contrary to the public interest and, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(2) A variance shall not be granted unless the Planning and Zoning Commission makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant.
(3) No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
(4) Application and standards for variances. Except as otherwise permitted in this chapter, a variance from the terms of this Zoning Code shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning and Zoning Commission. At a minimum, the application shall include:
(a) Name, address, and phone number of applicant(s).
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) A list of all property owners and their addresses who are within, contiguous to, or directly across the street, and may have interest in the variance.
(e) A narrative statement that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
3. That special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(C) Public hearing by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing within 20 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(D) Notice of public hearing in newspaper. Before holding the public hearing required in division (C) of this section, notice of such hearing shall be given in one or more newspapers of general circulation in the city, at least ten days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(E) Notice to parties of interest. Prior to conducting the public hearing required in division (C) of this section, written notice of such hearing shall be mailed by the Chairperson of the Planning and Zoning Commission, by first class mail at least ten days before the day of the hearing, to all property owners of adjoining parcels or parcels within 300 feet of the affected property. The notice shall contain the same information as required of notices published in newspapers as specified in division (D) of this section.
(F) Action by the Planning and Zoning Commission.
(1) Within 30 days after the public hearing required in division (C) of this section, the Planning and Zoning Commission shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.
(2) The Planning and Zoning Commission shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
(3) Appeals from Planning and Zoning Commission decisions shall be made in the manner specified in this section.
(G) Supplementary conditions and safeguards. Under no circumstances shall the Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In granting any appeal or variance, the Planning and Zoning Commission may prescribe any appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 155.2617.
(Ord. 37-02, passed 7-10-02)
SUPPLEMENTAL USE, HEIGHT, AREA REGULATIONS AND EXCEPTIONS
A residence shall not be converted to accommodate an increased number of dwelling units unless:
(A) The yard dimensions still meet the yard dimensions required by the Zoning Regulations for new structures in that district.
(B) The lot area per dwelling equals the lot area requirements for new structures in that district.
(C) The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district.
(D) The conversion is otherwise in compliance with this chapter (e.g., property is zoned for double- or multiple-family use) and all other relevant codes and ordinances.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(A) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
(B) A pool may not be located closer than ten feet to any property line, except in a district where that minimum distance shall be six feet. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
(C) Elevated decks for above-ground pools shall not be located closer than ten feet to any property line.
(D) The swimming pool or the entire property behind the front building line on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four feet in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.
(F) Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
Community and club swimming pools are permitted in any district that allows for recreation or club facilities, and shall comply with the following conditions and requirements:
(A) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(B) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 50 feet to any property line.
(C) If the pool is outdoors, the swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
One boat and one travel trailer may be stored behind the required front yard setback line if they have current license plates. In the case of a corner lot, the vehicle or vehicles shall also be located behind required side yard setback lines. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed buildings. Parking an automotive vehicle in the setback, on an approved, paved driveway, in the part of the driveway that does not include the tree lawn and the sidewalk is permitted. Parking on the lawn or landscaped area is prohibited. The Service/Safety Director or his or her designee may have the vehicle towed after first personally notifying or mailing the vehicle owner a notice of towing.
(Ord. 37-02, passed 7-10-02; Am. Ord. 47-09, passed 8-10-09) Penalty, see § 155.2617
Fences, plant material, and similar screening devices that are between the principal building and a street and parallel to or nearly parallel to the front lot line and front wall of the principal building, are permitted, provided that the height of such devices does not exceed 48 inches, from the ground to the highest point of the fence, unless the fence is used for a public or private pool, as defined in §§ 155.1903 and 155.1904. For fences that are no closer to the front lot line than the principal structure and parallel to or nearly parallel to a side lot line, man-made fences or screening devices shall not exceed six feet in height. For fences that are behind a principal structure and parallel to or nearly parallel to a rear lot line, man-made fences or screening devices shall not exceed six feet in height on the side or rear of lot.
(B) Maintenance. All fences shall be properly maintained by the owners of the property on which they are located. Such maintenance shall include painting, cleaning, and structural soundness in the case of a fence, wall, or other man-made object; and trimming, pruning, cutting, and other landscaping in the case of a hedge or other planting so that there is no aesthetic detriment to the surrounding area.
(D) Permits. All fences, regardless of type or height, require an approved fence permit.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
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