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Elida Overview
Codified Ordinances of Elida, OH
CODIFIED ORDINANCES
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1106-2017
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Zoning
CHAPTER 1101 Title; Standards; Severability
CHAPTER 1103 Definitions
CHAPTER 1105 Districts and Boundaries
CHAPTER 1107 General Regulations
CHAPTER 1109 Non-Conforming Uses
CHAPTER 1111 R-1 Residential District
CHAPTER 1113 R-2 Residential District
CHAPTER 1115 R-3 Residential District
CHAPTER 1117 PBO, Professional and Business Office Districts
CHAPTER 1119 B-1 Local Business District
CHAPTER 1121 B-2 General Business District
CHAPTER 1123 M-1 Light Manufacturing District
CHAPTER 1125 M-2 General Manufacturing District
CHAPTER 1127 MH - Mobile Home Park District
CHAPTER 1129 PUD-Planned Unit Development District
CHAPTER 1131 Performance Standards
CHAPTER 1133 Off-Street Parking and Loading Regulations
CHAPTER 1135 Assisted Living Facility (ALF)
CHAPTER 1137 Swimming Pools
CHAPTER 1139 Motels
CHAPTER 1141 Signs and Outdoor Advertising
CHAPTER 1143 Exceptions and Modifications
CHAPTER 1145 Yard Projections in Residential Districts
CHAPTER 1147 Enforcement
CHAPTER 1149 Board of Zoning Appeals
CHAPTER 1151 District Changes and Regulation Amendments
CHAPTER 1153 Adult Entertainment Businesses
CHAPTER 1155 Massage Establishments
CHAPTER 1157 Amusement Arcades
CHAPTER 1159 Medical Marijuana
APPENDICES
TITLE THREE - Subdivision Regulations
TITLE FIVE - Comprehensive Plan
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1149.07 APPEAL FROM DECISIONS OF THE BOARD.
   Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the Village may present to the Court of Common Pleas of Allen County a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds for the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Appeals. Any such case shall be heard and determined by the Court without a jury.
(Ord. 1045. Passed 10-14-14.)
1149.08 STAY OF PROCEEDINGS.
   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Mayor certifies to the Board after notice of appeal shall have been filed with him, that by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.
(Ord. 1045. Passed 10-14-14.)
1149.09 VARIANCES.
   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship.
   (a)   Application and Standards for Variances. Except as otherwise permitted in this Ordinance, no variance in the strict application of the provisions of this Ordinance shall be granted by the Board of Zoning Appeals unless the Board shall find that the written application for the requested variance contains all of the following requirements:
      (1)   Name, address, and phone number of applicant(s);
      (2)   Legal description of property;
      (3)   Description or nature of variance requested;
      (4)   A fee as established by the Village fee ordinance; and,
      (5)   Narrative statements establishing and substantiating that the variance conforms to the following standards:
         A.   The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Ordinance in the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;
         B.   The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district;
         C.   There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land;
         D.   There must be proof of hardship created by the strict application of this Ordinance. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created nor can it be established on this basis by one who purchases, with or without knowledge of the restrictions; it must result from the application of this Ordinance. It must be suffered directly by the property in question and evidence of variances granted under similar circumstances need not be considered;
         E.   The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose;
         F.   The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area; and,
         G.   The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
   (b)   Additional Conditions and Safeguards. The Board of Zoning Appeals may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Ordinance.
   (c)   Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within thirty (30) 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 conducting the public hearing required in subsection (c) hereof, notice of such hearing shall be given in a newspaper of general circulation in the Village at least thirty (30) days before 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 of variance.
   (e)   Notice to Parties of Interest. Before conducting the public hearing required in subsection (c) hereof, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least thirty (30) days before the day of the hearing to all parties of properties within 200 feet of the property in question. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (d) hereof.
   (f)   Action by Board of Zoning Appeals. Within thirty (30) days after the public hearing, required in subsection (c) hereof, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (b) hereof, or disapprove the request for variance. The Board of Zoning Appeals 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. Appeals from Board decision shall be made in the manner specified in Section 1149.07.
   (g)   Term of Variance. No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period.
   (h)   Authorized Variances. Variances from the regulations of this Ordinance shall not be granted unless the Board of Zoning Appeals makes specific findings of fact, based directly on the particular evidence presented to it, which support concludes that the standards and conditions imposed in subsection (a) hereof, and subsection (b) hereof if applicable, have been met by the applicant. Variances may be granted as guided by the following:
      (1)   To permit any yard or setback less than the yard or setback required by the applicable regulations;
      (2)   To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but should not be less than eighty percent (80%) of the required area and width;
      (3)   To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
      (4)   To reduce the applicable off-street parking or loading facilities required, but generally by not more than thirty percent (30%) of the required facilities;
      (5)   To allow for the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;
      (6)   To increase the maximum distance that required parking spaces are permitted to be located from the use served, but generally not more than forty percent (40%);
      (7)   To increase the maximum allowable size or area of signs on a lot, but generally by not more than twenty-five percent (25%); and,
      (8)   To increase the maximum gross floor area of any use so limited by the applicable regulations, but generally not more than twenty-five percent (25%).
(Ord. 1045. Passed 10-14-14.)
1149.10 ADDITIONAL POWERS OF THE BOARD OF ZONING APPEALS.
   The Board of Zoning Appeals shall also have jurisdiction of the following:
   (a)   Conditional Uses, Special Exceptions and Interpretation of Zoning Maps: The Board shall have the power to hear and decide in accordance with the provisions of this Ordinance, applications filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass by this Ordinance. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to locations, construction, maintenance and operation - in addition to those expressly stipulated in this Ordinance for the particular conditional use or special exception as the Board may deem necessary for the protection of adjacent properties and the public interest. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for conditional uses, special exceptions and interpretation of zoning maps. Fees shall be charged in accordance with the Village fee ordinance.
   (b)   Non-Commercial Uses - Substitutions. If no structural alterations are made, any non-conforming use of a structure or structures and premises, may as a conditional use be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the District than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Ordinance. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for substitutions. Fees shall be charged in accordance with the Village fee ordinance.
   (c)   Temporary Structures and Uses: The Board may authorize the temporary use of a structure or premise in any District for a purpose or use that does not conform to the regulations prescribed elsewhere in this Ordinance for the District in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A Zoning Permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve (12) month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare. Procedures as described in Section 1149.09 shall be followed by the Board in hearing and deciding applications for temporary structures and uses. Fees shall be charged in accordance with the Village fee ordinance.
   (d)   Interpretation of Zoning Map: Where the street or lot layout actually on the ground, or as recorded differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property and after public hearing shall interpret the map in such a way as to carry out the intent and purpose of this Ordinance. In case of any question as to the location of any boundary line between zoning a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by said board.
   (e)   Changes to Districting: Any requested changes in a property which appears to be, or to resemble changes to a different class or district (i.e., R-1 to R-2, B-1 to B-2, etc.) for the property alone should be avoided. This is particularly in cases where this is found to be the first such property in the neighborhood to seek a shift in classification or to request the first major change in the character of the neighborhood. No grant of a variance shall be authorized, unless the Board specifically finds that the condition or situation of the specific piece of property of the intended use of said property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.
In such circumstances, the Board may request the views of the Planning Commission, Zoning Inspector or Village Council, expressed in whatever way they may choose, and may read these views as part of the hearing process.
      (Ord. 1045. Passed 10-14-14.)
1149.11 FEES.
   Fees shall be charged in accordance with the Village fee ordinance.
(Ord. 1045. Passed 10-14-14.)
1149.12 EXPEDIATED VARIANCES.
   The Board of Zoning Appeals may authorize upon request in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to specific conditions, a literally enforcement of the provision of this Ordinance would result in unnecessary hardship. Nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship.
   (a)    Application and Standard for Expedited Variances.
      (1)   In addition to the requirements set forth in the Section 1149.09(a), all application shall include a legal description of the property, County plot picture (Google Earth mapping aerial photo);
   (b)    Notice of Public Hearing on Village Website.
      (1)   Notice shall be paced of public hearing on the Village website
   (c)    Unanimous Consent Required.
      (1)   Unanimous consent of all adjoining land owners shall be required for the expediated variance. Signatures shall be obtained by the petitioner from all adjoining land owners consenting to the proposed variance. All adjoining land owners shall mean all properties that touch the land in question, including abutting properties that would otherwise touch the land, but for public right of way of any form, including street, alley, or other public use right of way (i.e. property across the street from petitioned property).
   (d)    Action by Board of Zoning.
      (1)   Within ten (10) days after the public hearing required in this section the Board of Zoning Officials shall either approve, approve with supplementary conditions or disapprove the request for expediated variance. With Verbal approval from the Board of Zoning Officials the project may begin five (5) days thereafter said meeting.
   (e)   Term of Variance.
      (1)   No order of the Board of Zoning Appeals granting the variance shall be valid for a period longer than six (6) months form the date of such order unless the building permit or zoning approval is obtained within such period, and the erection or alteration of a building is started or the is commenced within such period.
         (Ord. 1177-2021. Passed 3-27-21.)