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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning
CHAPTER 1121 Conformance of Future Land Use and Major Thoroughfare Plans
CHAPTER 1123 General Provisions
CHAPTER 1125 Definitions
CHAPTER 1127 Administration, Enforcement and Penalty
CHAPTER 1131 Use Districts and Zoning Map
CHAPTER 1133 Amendments
CHAPTER 1135 Conditional Uses
CHAPTER 1137 Supplemental District Regulations
CHAPTER 1140 COS Conservation Open Space District
CHAPTER 1142 R-LD Residential-Low Density District
CHAPTER 1144 R-MD Residential-Medium Density District
CHAPTER 1146 R-UD Residential-Urban Density District
CHAPTER 1148 R-TH Residential-Two Household District
CHAPTER 1150 R-MHL Residential-Multi-Household Low Density District
CHAPTER 1152 R-MHH Residential-Multi-Household High Density District
CHAPTER 1154 R-MHP Residential - Manufactured Home Park District
CHAPTER 1156 B-N Business-Neighborhood District
CHAPTER 1158 B-D Business-Downtown District
CHAPTER 1160 B-G Business-General District
CHAPTER 1162 B-AO Business-Automotive Oriented District
CHAPTER 1163 POD Professional Office District
CHAPTER 1164 L-I Light Industrial District
CHAPTER 1166 H-I Heavy Industrial District
CHAPTER 1168 S-I Special Industrial District
CHAPTER 1170 TPD Technology Park District
CHAPTER 1171 Nonconforming Uses
CHAPTER 1173 Off-Premises Outdoor Advertising Signs
CHAPTER 1174 On-Premises Signs
CHAPTER 1175 Off-Street Parking and Loading
CHAPTER 1176 REDEVELOPMENT OVERLAY DISTRICT (RDOD)
CHAPTER 1177 Residential Planned Unit Developments (R-PUD)
CHAPTER 1179 Cluster Development
CHAPTER 1181 Planned Unit Developments
CHAPTER 1183 Design Review
CHAPTER 1184 Submission of Plans
CHAPTER 1186 Cellular Communication Sites
CHAPTER 1187 Sexually Oriented Businesses
CHAPTER 1188 Wind Energy Facility
CHAPTER 1199 Penalties, Remedies and Fees
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1183.01 PURPOSE
   A.   The purpose of the design review process is to promote safe, functional and attractive development of commercial, industrial, and multi-family residential areas; to enhance the character of the City's business centers and thoroughfares as a valid general welfare concern; to unify properties, both visually and physically with surrounding land uses; to facilitate a more healthful urban atmosphere; to protect and preserve the unique and cultural features within the City; and to protect the community's property values by enhancing the City's appearance.
   B.   The design review process shall be a function of Planning Commission. The Planning Commission shall review applications, drawings, photographs, material samples, and any other relevant information to promote those qualities in the built environment that bring value to the properties and foster the attractiveness and functional utility of the community as a place to live and work, including a harmonious relationship among structures, landscaping and topography. The Planning Commission may designate City official(s) to act on its behalf to conduct preliminary reviews of all applications and approve projects of a minor nature.
   The Planning Commission or its designated representative’s review shall give consideration to the elements of the application, including, but not limited to:
      1.   Building mass and exterior detail relative to adjacent buildings or site features;
      2.   Materials, texture and color;
      3.   Landscaping, screening, buffering, fencing, and lighting;
      4.   Vehicular and pedestrian access;
      5.   Signage.
   C.   In conducting its inquiry and review, the Planning Commission may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding matters under examination. It may recommend to the applicant changes in the plans it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Planning Commission shall keep a record of its proceedings and shall attach to the application copies of information, sketches and data needed to clearly describe any amendment to it.
   D.   Council shall from time to time promulgate Design Review Guidelines. City Staff shall review all applications submitted to determine whether they are in compliance with said Guidelines. If an application deviates in any way from the Guidelines, the applicant may appeal to the Planning Commission as set forth herein.
(Ord. 2001-4. Passed 1-16-01; Ord. 2008-105. Passed 7-7-08; Ord. 2010-137. Passed 10-4-10; Ord. 2021-33. Passed 2-22-21.)
1183.02 PLANS REQUIRED
   Design review approval shall be required for all new buildings, building additions and alterations, signs, fences, parking lots and any other site improvement except in-kind repairs, demolition, and interior alterations, in the zoning districts or uses listed herein. In-kind repairs are ordinary maintenance or repairs of any property, area, or object, provided such work involves no change in material, design, dimensions, texture, color, or outer appearance. Flat roofs, which cannot be seen from the ground, may be replaced with any approved material of any texture or color without design review approval. Plans shall be submitted to the Planning Commission for all projects, other than one-, two-, and three-family residences, in the R-MHL, R-MHH, B-N, B-D, B-G, B-AO, POD, L-I, H-I, and S-I zoning districts and for all bed and breakfast establishments, cemeteries, educational institutions, group homes (except Class I, Type B), noncommercial recreation, nursing homes and parking facilities and for other than one-, two-, and three- family nonconforming uses in any zoning classification.
(Ord. 2001-4. Passed 1-16-01; Ord. 2003-167. Passed 10-6-03.)
1183.03 PLAN REQUIREMENTS
   All plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, surveyor or architect unless waived by Planning Commission. Plans shall be drawn at a scale of not less than fifty feet to the inch. The plans shall include all of the following items, unless waived by Planning Commission.
   A.   Survey. A survey of the property including permanent parcel number(s), land ownership and existing and proposed topography. Final plans shall also include a plat for the entire development area showing the street right-of-way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots.
   B.   Buildings and Structures. The location, size, height, use, general design, color and exterior facade material of all main and accessory buildings or structures and proposed fences or walls.
   C.   Streets and Sidewalks. The proposed public and private system of circulation including: automobiles, delivery trucks, emergency vehicles and pedestrian details for connection to existing streets and rights of way; methods to control traffic, size and type of pavement.
   D.   Parking and Loading Areas. The layout, location, dimensions and number of spaces, type of pavement, curbing, design features, screening and landscaping.
   E.   Utilities. On-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project.
   F.   Outdoor Storage. The location and layout of all areas of all permitted storage or display of any material, vehicle, waste material, products or container for storage including storage enclosures.
   G.   Signs. The location, size, height, design and material of all signs to be placed on the property and on the outside surfaces of all structures.
   H.   Landscaping and Lighting. The design and location of all existing vegetation and proposed landscaping areas, open spaces, retention areas, and the location, height, design and specifications of exterior lighting.
   I.   Fencing and Buffering. The location, size, height and types of plantings, fencing and/or screening to be used as may be required to satisfy the directives of the Planning Commission to separate, screen and/or protect adjoining property.
(Ord. 2001-4. Passed 1-16-01.)
1183.04 SUBMITTAL OF CONCEPTUAL PLANS.
   The applicant shall submit five sets of conceptual plans to the Planning Commission secretary. The plans shall be distributed to applicable City departments for review. The Planning Commission secretary shall, within ten days of plan submission, make staff comments available to the applicant. Recommendations by City staff are not exclusive or final. The Planning Commission and staff may make additional recommendations or modifications as provided in Section 1183.05. After staff review, the applicant may submit amended plans to Planning Commission for additional staff review or may submit preliminary/final plans to Planning Commission for their consideration.
(Ord. 2001-4. Passed 1-16-01.)
1183.05 SUBMITTAL OF PRELIMINARY/FINAL PLANS.
   A.   At least seven days prior to the Planning Commission meeting, fourteen complete sets of the preliminary/final plans shall be submitted to Planning Commission, accompanied by an application form and a letter describing the proposal. Applications for modification to code regulations in conjunction with design review must be submitted a minimum of fifteen days prior to the Planning Commission meeting. City Council may establish a fee to defray administrative costs associated with design review, payable at the time of submission. The Planning Commission secretary shall place the matter on the Planning Commission agenda. The Planning Commission shall review the plans, taking into account Section 1183.01(a) and (b), the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan of the City.
   B.   The Planning Commission is authorized to grant modifications to increase or decrease setbacks, height, landscaping, fencing, signs, parking, ingress, egress and lot coverage standards as provided for in Part 11 of the Codified Ordinances.
      1.   Approval may be granted if it can be determined that:
         a.   The modification is needed to achieve the purpose and objectives of design review;
         b.   The modification does not adversely impact an adjacent building or property or create an unsafe pedestrian or vehicular situation; and
         c.   The modification is necessary to create a more aesthetic or pleasing vista along the public right-of-way and adjoining properties.
      2.   A public hearing shall be required as a condition of Planning Commission hearing modification request.
         a.   Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed modification.
         b.   Before holding the public hearing, written notice of such hearing shall also be mailed by first class mail, or hand delivered, at least ten days before the day of the hearing, to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such variance. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1183.05B.2.a.
         c.   The applicant must supply a list of names and address of property contiguous to and directly across the street, road or highway from such property to the Planning Commission Secretary.
   C.   If modifications made by either the Planning Commission or applicant are subsequently approved by the Planning Commission, the modifications shall be made a part of the final plans or such modifications shall be affixed to the plans approved and signed by the applicant and chairman of the Planning Commission. The applicant and/or his assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved plan.
(Ord. 2001-4. Passed 1-16-01; Ord. 2006-126. Passed 9-18-06.)
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