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In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determinations as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. A quorum of three and a concurring vote of a majority of the members of the Board present shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to affect any variation in the application of this Ordinance. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector.
(b) To authorize, upon proper appeal, a variance from the strict application of the provisions of this Zoning Ordinance where owing to special conditions, pertaining to the effective date of this Ordinance, a literal enforcement of the Ordinance will result in unnecessary hardship or practical difficulties subject to the following conditions.
(1) Hardship refers to topographic, shape or similar conditions of the land which indicate the property is unique and cannot be put to a conforming use. Hardship shall not refer to the economic or personal condition of the owners or lessees, nor to any conditions created by them whether intentional or not,
(2) No variance shall be granted which would allow a use or condition which would otherwise be prohibited in the zoning district involved.
(3) No variance shall be granted which would cause substantial detriment to the public interest or cause material damage to adjacent properties.
(4) No variance shall be granted unless the Board of Zoning Appeals can show an extraordinary condition exists and is not likely to recur.
(5) The Board may require such other conditions such as location, character, landscaping, parking, paving or adjacent land acquisition as it deems necessary to be attached to the approval of a variance. Failure to comply with such attached conditions shall cause automatic cancellation of the permit and invoke penalties provided for in this Zoning Ordinance.
(6) Any variance approved should represent the least change from this Ordinance possible after allowing some relief from hardship.
(7) All reasons for granting a variance shall be written up as part of the minutes of the Board of Appeals.
(c) To grant conditional zoning permits as specified in the district regulations, the Board of Zoning Appeals shall take into account the proximity of such uses to one another, with respect to appropriate land use in accordance with the land use plan and the following basic standards:
(1) Residential districts.
A. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the predominant residential character of the neighborhood, or be incongruous therewith or conflict with the normal traffic on the residential streets of the neighborhood, both at the time and as the same may be expected to increase with any prospective increase in the population of the neighborhood, taking into account, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections and the general character and intensity of development of the neighborhood.
B. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(3) Business or industrial districts.
A. The location and size of the use, the nature and intention of the operations involved in or conducted in connection with it, its size layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the County, taking into account, among other things, vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances and relation to pedestrian traffic.
B. The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the business or industrial district in which it is situated, taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another and characteristic groupings of uses in a business or industrial district.
C. The site layout, the location, nature and height of walls and fences, and the display of signs in connection with the use shall be such that the use will not hinder the appropriate development and use of adjacent land and buildings or impair the value thereof.
D. The location, size, intensity and site layout of the use shall be such that its operations will not be objectionable to nearby dwellings, by reason of noise, fumes or lights to a greater degree than is normal with respect to the proximity of business to residential uses.
(d) To authorize the issuance of permits for storage tanks subject to appropriate conditions and safeguards for the storage, handling and use of liquefied petroleum gases/flammable liquids/combustible liquids as authorized pursuant to Section 1148.12. The Board shall review the particular facts and circumstances of each proposed permit and shall consider whether the proposed placement of the tank:
(1) Will have adequate fencing and/or barriers, screening and landscaping;
(2) Will be hazardous or otherwise detrimental to existing neighboring uses or to principal permitted uses of the district;
(3) Allows for vehicular access and is designed so as not to create an interference with traffic on surrounding public streets or roads;
(4) Will cause destruction, loss or damage of a natural, scenic or historic feature of major importance; and
(5) Is harmonious and in accordance with the general and relevant specific objectives of the City's comprehensive plan and/or Zoning Ordinance.
(Ord. 243-2021. Passed 11-22-21.)
(a) It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board of Zoning Appeals on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the duties of Council, in connection with this Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter and this Ordinance.
(b) Under this Ordinance, Council shall have only the duties of considering and adopting or rejecting proposed amendments or repeal of this Ordinance as provided by law.
(Ord. 147-2018. Passed 7-2-18.)
There is hereby established a Site Plan Review Committee, which shall be comprised of the City Civil Engineer, Zoning Inspector, Fire Chief and one member each from the Planning, Traffic Engineering, Water, and Water Reclamation Divisions of the City and Stark Soil and Water Conservation District. A disapproval, in writing from any one or more of the members, shall be grounds for not issuing a zoning permit until the reasons for such disapproval have been resolved to the satisfaction of the Committee. All Committee comments shall be maintained on file in the office of the Zoning Inspector.
(Ord. 147-2018. Passed 7-2-18.)
Uses requiring site plan approval by the Site Plan Review Committee are as follows:
(a) Any use of development for which the submission of a site plan is required by any provision of this Zoning Ordinance.
(b) Any development, additions or accessory buildings except single and two-family residential.
(d) Parking lot areas for five or more vehicles.
(e) Any proposed activity resulting in the exposure of bare soil or the disturbance of land one acre in size or larger.
(Ord. 147-2018. Passed 7-2-18.)
A fee shall accompany each site plan presented for Site Plan Review Committee review and shall be deposited to the credit of the City in accordance with the following schedule of amounts::
Residential Plans, excluding Single and Two-Family Residential $ 50.00
Commercial Plans $200.00
(Ord. 195-2020. Passed 10-19-20.)
Every site plan submitted to the Site Plan Review Committee shall be in accordance with the requirements of this Zoning Ordinance. The following information shall be included on the site plan:
(a) Drainage system plan and other information deemed necessary to determine that adequate drainage will be provided.
(b) A Site Plan Application shall be accompanied by five (5) full-size (24" x 36") and twelve (12) reduced-size (11" x 17" or 12" x 18") copies of detailed plans or an electronic submission of detailed plans, signed and sealed by an appropriate professional, for review by the Committee and its designees that comply with the requirements of these Regulations.
(Ord. 195-2020. Passed 10-19-20.)
(c) The Committee may in accordance with the requirements of these Regulations of these Regulations, require the submission of additional information as deemed necessary to make a reasonable review of the application. Including a traffic impact study, fiscal impact study, and other studies.
(d) Date, north arrow, and scale.
(e) The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties,
(f) The location of all existing and proposed structures on the subject property.
(g) The location of all existing and proposed drives and parking areas, including access and egress details for pedestrian and vehicular traffic.
(h) Location of existing and proposed signs.
(i) The location and right-of-way widths of all abutting streets and alleys, including curb cuts and width of rights-of-way and travel way.
(j) A key map showing the location of the property in relation to surrounding areas.
(k) Location of existing and proposed buffer strips and landscaping,
(l) A lighting plan.
(m) Site lighting details including a light shed plan
(n) Where applicable, 3 copies of a sketch drawing showing existing and proposed floor plans with dimensions, and indicating all proposed interior and exterior alterations, modifications or changes.
(o) Where applicable, 3 copies of a sketch drawing showing proposed exterior elevations of buildings, including dimensions.
(p) Where applicable, 3 copies of a sketch drawing showing the design of any proposed sign, including. dimensions.
(q) The names and addresses of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.
(Ord. 147-2018. Passed 7-2-18.)
In the process of reviewing the site plan the Site Plan Review Committee shall consider:
(a) The location and design of driveways providing vehicular ingress and egress from the site in relation to streets giving access to the site, and in relation to pedestrian traffic.
(b) The traffic circulation features within the site and location of automobile parking areas, and may make such requirements with respect to any matters as will assure:
(1) The safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.
(2) The satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.
(c) The Committee may further require landscaping, fences and walls in pursuance of these objectives and the same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
(d) In those instances, where the Committee finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thoroughfares, thereby diminishing the carrying capacity of the thoroughfares, the Committee may recommend marginal access drives. For a narrow frontage which will require a single outlet the Committee may recommend that money be placed in escrow with the City so as to provide for a marginal service drive equal in length to the frontage of the property involved. Zoning and building permits shall not be issued until the improvement is approved by the Committee in writing to the Zoning and Building Inspectors.
(e) Site plans for proposed development within a Flood Plain District shall be reviewed on the basis that the plan assures a satisfactory and harmonious relationship between the proposed land development or structure and the contiguous land and adjacent neighborhoods; and further, that the proposed land development or structure assures satisfactory provisions to guard against loss of property or life due to flooding conditions. (Ord. 147-2018. Passed 7-2-18.)
Following approval of a Site Plan Application, the applicant shall submit the following:
(a) Three (3) sets of Final Plans (24" x 36") shall be submitted to the Zoning Inspector bearing:
(1) A copy of the decision letter of the Committee and any other City regulatory agencies authorizing the activity, and
(2) Containing a signature block where the Zoning Inspector can indicate the approval of the Committee.
(b) Proposed modifications to approved site plans shall be submitted to the Zoning Inspector for review and such proposed modifications may be:
(1) Approved by the Zoning Inspector if minor in nature, or
(2) Submitted to the Committee for additional review if they propose major changes (i.e., additional building floor area, alteration of building location).
(Ord. 147-2018. Passed 7-2-18.)