The Municipal Planning Commission is hereby established. The composition of the Planning Commission shall be as specified by the Charter of the City of Maumee. The powers and duties of the Planning Commission with respect to the administration of this Zoning Code shall include making recommendations to Council, approving or denying petitions and applications brought before it, and such other powers and duties as are conferred by the Charter of the City of Maumee and the provisions of this Zoning Code.
(a) Procedures of Planning Commission: The Planning Commission shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of the charter and this Zoning Code. All meetings of the Planning Commission shall be open to the public. The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, showing such fact, and shall keep records of its official actions all of which shall be a public record and kept in the office of the Municipal Clerk. The presence of four members of the Planning Commission shall constitute a quorum and valid votes shall be constituted by a majority vote of those present and voting.
(b) Duties of Planning Commission: The Planning Commission shall have the following duties:
(1) Initiate map or text amendments to the Zoning Code.
(2) Conduct public hearings in accordance with Section 1107.03 (Public Hearing Requirements) on, review, and make recommendations to Council on all proposed amendments to the Comprehensive Plan and/or Masterplan of the City;
(3) Upon the filing of a petition or application on all proposed amendments to the text of the Zoning Code or the Zoning District Map, conduct public hearings in accordance with Section 1107.03 (Public Hearing Requirements), review, and make appropriate recommendations to Council;
(5) Review and decide all requests for preliminary and final plats within the corporate limits of the City;
(6) Continually review the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it deems appropriate;
(7) Shall determine the classification of non-listed uses within the Zoning Code with similarly comprised uses elsewhere in said code provided the new use is appropriate to form based.; and
(8) Shall allow the Zoning Administrator to determine the boundary of a zoning district within 5 foot margin of error to account for line weight distortion.
(Ord. 106-2020. Passed 9-21-20.)
A Board of Zoning Appeals is hereby established. The word "Board", when used in this section, shall be construed to mean the Board of Zoning Appeals.
(a) Members. The Board shall consist of five (5) members. These members shall be residents of the City who are appointed by the Mayor and confirmed by Council. In connection with the first appointment of such members the terms shall be:: one for three years, two for four years, two for five years; the successor to each member so appointed shall serve for a term of five years. The Mayor and Council have the power to remove any member of the Board for cause after a public hearing. Vacancies in the Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. No officer or employee of the City shall be a member.
(b) Procedures of the Board of Zoning Appeals: The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of this Zoning Code. All meetings shall be open to the public. The Board shall keep a record of the proceedings before it showing the action of the Board, and the vote of each member upon each question considered. The Vice-Chairperson shall be responsible for taking minutes and recording proceedings or delegating those duties to another Board member. The presence of three members shall be necessary to constitute a quorum. All applications properly coming before the Board of Zoning Appeals shall be considered during an adjudicative hearing process as defined in Section 1105.09 (Adjudicative Hearing Requirements).
(c) Jurisdiction of Board of Zoning Appeals.
(1) Appeal to Board of Zoning Appeals.
A. An appeal from any action or ruling, except those related to Design Standards, of the Zoning Administrator based upon the provisions of this Zoning Code may be made to the Board of Zoning Appeals within thirty (30) calendar days from such action or the announcement of such ruling.
B. Within the period aforesaid, the appellant shall file with the Zoning Administrator and with the Board of Zoning Appeals a written notice of appeal, specifying the grounds thereof, accompanied by any fee which may be directed by Ordinance of Council.
C. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action or ruling appealed from was taken, and an adjudicative hearing shall be held on the matter in accordance with Section 1105.09 (Adjudicative Hearing Requirements).
(2) Variance.
A. The Board of Zoning Appeals upon written application therefore by a party in interest may authorize by permit a variation of the application of the regulations herein established as follows:
(i) Permit a variation in the minimum lot area, landscaping requirements under Chapter 1145, setback line, minimum floor area, off-street parking, and fencing requirements of any district when there are practical difficulties in implementing the provisions of this Zoning Code. The Board shall have no power to allow a change of use to one not permitted in the district.
(ii) The Board may adopt, amend and enforce such rules and regulations as it may deem necessary or desirable to carry on its functions and provide for the enforcement of this Zoning Code in accordance with the purpose and intent hereof.
(iii) The Board has the authority to attach to the issuance of a variance such conditions as it determines to be necessary for the general health, safety, and welfare, and the protection of neighboring properties, and failure to comply with such conditions shall render the variance null and void.
(iv) The Board may vote to delegate limited authority to the Zoning Administrator to issue variances within defined parameters adopted by the Board. Such delegation of authority shall only be given for frequently recurring cases where Board precedent has clearly prescribed appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this Zoning Code and as will not be contrary to the public interest.
(v) The Board may review applications for home occupations upon referral from the Zoning Administrator.
B. In making a determination whether a variance is to be granted, the Board shall determine whether the spirit and intent behind the zoning requirement is observed by granting the variance. The Board shall consider and weigh each of the following factors to the extent applicable in deciding if landowners have encountered "practical difficulties" in using their property:
(i) Whether there can be any beneficial use of the property without the variance regardless of financial consideration;
(ii) Whether the variance is substantial in relation to the Zoning Code requirement;
(iii) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(iv) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(v) Whether the property owner purchased the property with knowledge of the zoning restriction;
(vi) Whether the property owner's predicament can be feasibly remedied through some method other than a variance.
(vii) Whether the spirit and intent behind the zoning requirement can be observed by granting the variance.
(viii) Whether the need for a variance is self-created.
C. Any variance lawfully granted by the Board of Zoning Appeals shall expire after one (1) year from the date of such approval unless, within such period, the applicant has received a Zoning and Building Permit
(3) Sign Variance. The Board of Zoning Appeals upon written application by a party in interest may authorize a variance for a sign which does not comply with the provisions of Chapter 1143 (Signs) if, in addition to the requirements of Section 1105.02(c)(2)B., it determines that all of the following factors are met:
A. The particular sign will be in harmony with the general purpose and intent of Chapter 1143 (Signs);
B. The sign will not be injurious to the immediate neighborhood or adjacent land use;
C. The sign is sufficiently compatible with the architectural and design character of the immediate neighborhood; and
D. The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.
In granting such variance, the Board shall specify the size, type, lighting mechanism, and location of the sign and impose such other reasonable terms, restrictions, and conditions as it may deem to be in the public interest.
(4) Nonconforming Uses. The Board shall administer the provisions of Section 1130.06 (Alterations of Nonconforming Uses) and all other sections of the Zoning Code that apply relative to nonconforming uses.
(5) Temporary Accessory Structures. Grant a variance for a temporary structure in a residential district which is incidental to the marketing of the residential development for a period of not more than one (1) year.
(d) Decisions of the Board of Zoning Appeals: For each request which appears before the Board of Zoning Appeals, the Board shall issue a separate written order incorporating the specific relief requested, the decision of the Board, and the basis for the Board's decision. The decision shall be forwarded to the Zoning Administrator who shall, upon receipt of a decision granting the requested relief, issue a Zoning Permit in conformity with the Board's decision, provided that the proposal complies in all other respects with the provisions of this Zoning Code, and applicable State and Federal Law. A permanent registry of the decisions of the Board shall be maintained permanently by address in the office of the Zoning Administrator.
(Ord. 106-2020. Passed 9-21-20.)
The Design Review Board is hereby established, which shall be responsible for hearing any appeal of a negative administrative design review decision on applications in the area bounded by the Anthony Wayne Trail, Ford Street, Key Street and the Maumee River.
(a) Members. The Design Review Board shall consist of five (5) members. All of such members shall be appointed by the Mayor and confirmed by a majority of the members of Council. In connection with the first appointment of such members, one (1) shall be appointed for a one-year term, two (2) shall be appointed for two-year terms, and two (2) shall be appointed for three-year terms. All subsequent appointments shall be for the unexpired terms, if such be the case, or for a three-year term. Members shall serve without compensation. All members shall have sufficient expertise and/or interest in order to make critical evaluations of proposed plans and to make constructive recommendations for modification of proposed plans. No officer or employee of the City shall be a member.
(b) Procedures of Design Review Board. The Design Review Board shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of this Zoning Code. All meetings shall be open to the public. The Board shall keep a record of the proceedings before it showing the action of the Board, and the vote of each member upon each question considered. The Vice-Chairperson shall be responsible for taking minutes and recording proceedings or delegating those duties to another Board member. The presence of a majority of the members of the Board who are eligible to vote at such meeting shall be necessary to constitute a quorum. No officer or employee of the City shall be a member.
(c) Responsibilities and Jurisdiction of Design Review Board. The Design Review Board shall:
(1) Report recommendations to the City Council, the designation and/or elimination of new and/or existing design review districts and the development or reduction of standards within said districts
(2) Hear any appeal of a negative administrative design review decision regarding the architectural design and features of any new building or any existing building in the process of renovation as to the compatibility of the design or renovation with the architectural and/or historic character of the areas.
(3) The Design Review Board shall consider the officially adopted Maumee Master Plan and/or City Council uptown road diet and control decisions when deciding appeals.
(4) Make alternative suggestions to building owners and/or developers as to building design, building materials, signs and other structure and site elements to make projects more form compatible and harmonious with adjacent land and the area as a whole.
(5) Offer technical and professional assistance to building owners and/or developers in implementing recommendations.
(d) Decisions of Design Review Board. The Design Review Board shall hear appeals of a negative administrative design review decision. The Design Review Board shall grant the appeal, deny the appeal or grant it subject to special modification, but no appeal shall be granted or modified unless a majority of the entire Board votes to grant or modify the appeal.
(1) If the Design Review Board grants an appeal without modifications, it shall so notify the Zoning Administrator who shall thereupon issue a Zoning Permit.
(2) If an appeal is denied, the Design Review Board may make such recommendations in regard to changes of design, arrangement, texture, material and color of the exterior features and interior arrangement of the structure as it deems appropriate.
(3) If the applicant accepts the modifications of the Design Review Board, the application shall be revised in accordance with such modifications and filed with the Zoning Administrator, whereupon a Zoning Permit shall be issued.
(Ord. 106-2020. Passed 9-21-20.)
(a) It shall be the duty of the Zoning Administrator to enforce this Zoning Code. It shall also be the duty of all officers and employees of the City and especially of all members of the Division of Police to assist the Zoning Administrator by reporting to him or her new construction, reconstruction or land uses, and apparent violations of this Zoning Code.
(b) The Zoning Administrator shall issue Zoning Permits, or Certificates of Zoning Compliance or Occupancy according to this Zoning Code. Such certificates or permits shall be in such form as may be prescribed by the City Administrator, consistent with the requirements of this Zoning Code.
(c) The Zoning Administrator shall not require any change in the plans, construction, size or designated use of a structure, or part thereof, which meets the requirements of Section 1130.02 (Preexisting Zoning Permits).
(d) Appeal from an action or decision of the Zoning Administrator may be made to the Board of Zoning Appeals as provided in Section 1105.02.
(Ord. 106-2020. Passed 9-21-20.)
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