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(A) Generally. In accordance with Article VII the Village Charter, a Planning Commission and a Board of Zoning and Building Appeals are hereby created.
(1) Membership.
(a) The Planning Commission shall consist of seven members appointed by Council: two of whom shall be members of Council appointed for a term of one year, and five citizen members who shall serve four year overlapping terms of office. Members of the Planning Commission shall hold no other municipal office or board membership.
(b) The Board of Zoning and Building Appeals shall consist of seven citizen members appointed by Council to serve four year overlapping terms of office. Members of the Board of Zoning and Building Appeals may not hold any other municipal office.
(2) Vacancy. The position on a board or commission shall become vacant upon the member’s death, resignation, removal from office in any manner authorized by the Charter, or forfeiture of office. A vacancy during the term of any member of a board or commission created by the Charter or by ordinance of the Council shall be filled by:
(a) Advertising the opening for two weeks requesting anyone interested in serving on that board or commission to make application to the Council;
(b) Applications shall be in writing by anyone interested;
(c) The Manager and the Mayor plus two members of Council shall interview all applicants; and
(d) Appointment shall be made seven days after the last advertisement or within 45 days of the vacancy.
(3) Forfeiture of office. If it is so determined by an affirmative vote of at least four members of the board or commission, a member shall forfeit that position if the board or commission member:
(a) Lacks at any time during his or her term of office, any qualification for the office prescribed by the Charter;
(b) Intentionally violates any express prohibition of the Charter;
(c) Is convicted of a crime involving moral turpitude or malfeasance or a felony; or
(d) Fails to attend regular meetings as established by the board or commission’s attendance policy. Each board or commission shall establish and have approved by the Manager its own attendance policy. This policy will be reviewed by each board or commission at the first meeting held each year.
(4) Disability. On questions of disability involving the members of the boards or commission, the decision as to actuality of the time of, and duration of the disability, for purpose of declaring a vacancy, shall be determined by an affirmative vote of at least four members of the board or commission.
(B) Meetings.
(1) The Planning Commission or the Board of Zoning and Building Appeals may meet at the request of the Mayor or Commission Chairperson or Board Chairperson upon written notice by two or more of its members; in all cases such request or notice shall be given at least 24 hours prior to the meeting time. All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to the Village Council. Nothing in this code shall prevent the Commission or Board from granting a continuance of a public hearing.
(2) An organizational meeting shall be held each January at which a Chairperson for each Commission or Board shall be nominated. A Vice Chairperson and a secretary shall be designated by the Chairperson. All officers shall serve for a one-year term and shall serve without compensation.
(C) Procedure. Four members constitute a quorum. The Board or Commission shall act by resolution passed by the vote of a majority of the members of the Board or Commission. The Chairperson, or in his or her absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary may or may not be a member of the Board or Commission, and if not a member may hold another office or employment with the municipality. The secretary shall keep records of the Board’s or Commission’s examinations and other official actions, all of which are to be filed with the Clerk of Council within ten days after the meeting and are public record. All meetings shall be open to the public.
(D) Duties.
(1) The duties of the Planning Commission are as follows:
(a) To review all proposed amendments to and rezonings of this chapter and map, as in § 153.041, and to forward recommendations to Village Council;
(b) To initiate amendments to the provisions of this chapter and official zoning map by resolution and make recommendation to Village Council;
(c) To review and act upon applications for conditional use permits, as in § 153.042, and all other pertinent sections of this chapter;
(d) To act on all proposed planned developments, as in § 153.174, and to forward recommendations to Council for final action relative to development plans and amendments;
(e) To conduct studies and surveys and prepare plans, reports, and maps relative to the overall planning of the growth, development, redevelopment, rehabilitation, and renewal of the municipality, and make such recommendations relative thereto to the Council as it feels are in the best interests of the municipality;
(f) To administer the subdivision regulations of the village;
(g) To make plans which show the Commission’s recommendations for the character of both public and private streets, bridges, parks, open spaces, waterways, and utilities;
(h) To make plans which show the Commissions’s recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities;
(i) To work with the Historic Preservation Board of the village and to make plans and recommendations for the control and care of historic structures and grounds not located in areas subject to the Historic Preservation Board;
(j) To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities; and
(k) To administer and make recommendations for the application of the Comprehensive Community Plan for the village.
(2) The duties of the Board of Zoning and Building Appeals are as follows:
(a) To hear and decide appeals where it is alleged there is in error any order, requirement, decision, or determination made by the Director of Inspection and Engineering;
(b) To review and act upon applications for variances from the terms of this chapter, as per § 153.043; and
(c) To review and act upon appeals with regard to reconstruction and substitution of nonconforming uses, as per § 153.044.
(E) Matters of interpretation. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Director of Inspection and Engineering, and that such questions shall be presented to the Board of Zoning and Building Appeals on appeal from the decision of the Director of Inspection and Engineering, and that recourse from the decisions of the Board of Zoning and Building Appeals shall be to the Village Council. Recourse from the Village Council shall be the County Court of Common Pleas as provided under the Ohio Revised Code.
(F) Village Council powers and duties. The Village Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Code:
(1) To review, render decision, and enact amendments to the provisions of this chapter and official zoning map;
(2) To initiate amendments to the provisions of this chapter and official zoning map through ordinance or resolution and forwarding the action to Planning Commission for review and recommendation;
(3) To hear and decide appeals from Planning Commission or Board of Zoning and Building Appeals determinations relative to conditional use and variance requests;
(4) Request by resolution or require by ordinance duties of the Planning Commission and/or the Board of Zoning and Building Appeals; and
(5) To hear and decide appeals from the Historic Preservation Board relative to certificate of appropriateness requests.
(Ord. 96-152, passed 10-7-1996)
Charter reference:
Council may amend districting or zoning, see Charter § 3.09
Duties and powers of Board of Zoning and Building Appeals, see Charter § 7.06
Duties and powers of Planning Commission, see Charter § 7.04
Statutory reference:
Council may amend districting or zoning, see R.C. § 713.10
Duties and powers of Board of Zoning and Building Appeals, see R.C. § 713.11
Duties and powers of Planning Commission, see R.C. §§ 713.02 et seq.
(A) Initiation. The provisions of this Zoning Code may be amended, supplemented, changed, or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three ways:
(1) By adoption of a motion by Planning Commission;
(2) By adoption of a resolution by Village Council; or
(3) By filing of an application by one or more property owners, lessees, persons with an interest in the property, or any duly authorized agent of such owners, lessees, or persons, of property within the area proposed to be changed or affected by amendments of provisions of this chapter.
(B) Application procedure.
(1) Application to be made. Written application for amendment of this chapter, including all supporting materials, initiated by property owners or lessees or persons with an interest in the property or duly authorized agents of such owners or lessees or persons shall be submitted to the Planning Commission. (See division (D)(1) of this section.) This process is separate from the requirements of Planned Districts, § 153.174.
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application for amendment shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the properties;
(d) The present use and present zoning district of the properties;
(e) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list;
(f) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to re-zone;
(g) A plot plan to show:
1. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures;
2. The proposed use of all parts of the lot and structures;
3. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use; and
4. Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.
(h) Any deed restrictions, easements, covenants, and encumbrances to be used to control the use, development, and maintenance of land, and proposed uses, shall be fully denoted by text and map; and
(i) At the discretion of the Planning Commission, and an engineer’s estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer’s estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from the generation may be required by the Board.
(C) Criteria for review. The Planning Commission shall, at the minimum, consider the following factors in the review of the application:
(1) Compatibility of the proposed amendment to adjacent land use, adjacent zoning, and to appropriate plans for the area;
(2) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage;
(3) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity, and general welfare; and
(4) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(D) Review procedure.
(1) Filing and acceptance of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.
(2) Public hearing.
(a) A public hearing of the Planning Commission shall be set to be held within 60 days from the date of the acceptance of a complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(b) In the case of a zoning ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12, a public hearing shall not be required. However, the Commission may hold a public hearing provided that Village Council has extended the time for receipt of written recommendations from the Planning Commission sufficient to advertise and conduct public hearings in accordance with the time frames as set forth in this chapter.
(3) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to the Village Council for further determination. In addition, a sign will be posted on the applicant’s property indicating that the property is the subject of an application for zoning amendment, and shall include the telephone number of the village to contact for further information. The sign shall be posted by the Director of Inspection and Engineering in a location, size, and manner as directed by the Director of Inspection and Engineering. The sign shall be posted within two weeks of the acceptance of the application by the Director of Inspection and Engineering and shall remain in place until action has been taken on the application by the Village Council.
(4) Notice to property owners. If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the village, certified mail, at least 30 days prior to the date of a scheduled public hearing to all property owners within, contiguous to, or directly across the street from such area proposed to be rezoned or redistricted as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.
(5) Action by Planning Commission. Within 31 days of the public hearing, or within 31 days of the date of referral of each ordinance or resolution referred to the Planning Commission by the Village Council in accordance with Charter § 4.12
unless a time extension is granted by Council, the Planning Commission shall review the application and forward one of the following recommendations of the majority of members of the Commission to Village Council:
(a) Recommend amendment be granted as requested;
(b) Recommend a modification of amendment; or
(c) Recommend amendment not be granted.
(6) Public hearing of the Council.
(a) Upon receipt of such recommendation, the Village Council shall schedule a public hearing within 45 days of the receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(b) Council shall hold a public hearing whenever an ordinance or resolution establishes, amends, revises, changes, or repeals a zoning classification or zoning district or zoning regulation as per Charter § 4.13.
(7) Public notice for hearing. At least one notice shall be published at least two weeks prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the date, time, and place of the public hearing, nature of the proposed amendment, and a summary of any Planning Commission recommendation.
(8) Action by Village Council.
(a) Within 35 days after the public hearing, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification thereof. To adopt the Commission’s recommendation, a majority vote of the membership of Council is required. To reverse or modify the Commission’s recommendation, the affirmative vote of five members of the Village Council is required.
(b) An application for amending this chapter that has been disapproved by the Village Council may be resubmitted to the village no sooner than one year of the date of such disapproval by Council.
(Ord. 96-152, passed 10-7-1996; Ord. 99-150, passed - -1999)
Charter reference:
Council may amend districting or zoning, see Charter § 3.09
Cross-reference:
Planned districts, amendments to, see § 153.174
Statutory reference:
Council may amend districting or zoning, see R.C. § 713.10
(A) Purpose. Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district and, if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control, such uses shall be designated as conditional uses and allowable only upon review and approval by the Planning Commission. Because of the uniqueness or special nature of a conditional use with respect to location, design, size, and method of operation, each such use that comes before the review of the Board shall be considered individually.
(B) Application procedure.
(1) Application to be made. Written application for a conditional use shall be made by property owners, lessees, persons with interest in the property, or duly authorized agents of owners, lessees, or persons having interest in the property to the Planning Commission. (See division (D)(1) of this section.)
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the application to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application for a conditional use shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) A description of existing use, current zoning district, and proposed conditional use;
(d) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list;
(e) A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request;
(f) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility; and
(g) A plot plan to show:
1. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures;
2. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use; and
3. Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.
(C) Criteria for approval. The following considerations shall be examined in review of an application for a conditional use:
(1) The proposed use is a conditional use of the zoning district and the applicable development standards of this Zoning Code are met;
(2) The proposed use is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area;
(3) The proposed use will not adversely impact access, traffic flow, and other public facilities and services;
(4) The proposed use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature; and
(5) The proposed use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(D) Review procedure.
(1) Filing of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Planning Commission. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.
(2) Public hearing. A public hearing of the Planning Commission shall be held within 60 days from the date of the acceptance of a resolution, motion, or complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(3) Public notice for hearing. At least one notice shall be given at least ten days prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include time and place of the public hearing and nature of the proposed conditional use.
(4) Notice to property owners. Written notice of the hearing shall be mailed by the village, certified mail, at least ten days prior to the date of a scheduled public hearing to all property owners as listed under division (B)(3)(d) of this section. The notice shall correspond to division (D)(3) of this section in content.
(5) Procedure at hearing.
(a) Within 35 days of the public hearing, the Planning Commission shall review the application and render one of the following decisions:
1. Approval of conditional use as requested;
2. Approval of conditional use with modifications; or
3. Disapproval of conditional use.
(b) The Commission shall apply criteria in division (C) of this section in reaching its determination. In approving a conditional use, the Commission may prescribe additional conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is approved, shall be deemed a violation of this chapter and punishable as prescribed in § 153.999 and other provisions of this code and shall result in revocation of the conditional use approval and respective certificate of zoning compliance.
(c) The Commission’s determination in taking action on a requested conditional use shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(E) Issuance of permit; expiration. Upon approval of Planning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Director of Inspection and Engineering shall issue a conditional use permit to the applicant within ten days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within two years, including any construction or renovation. Such permit shall expire if a conditional use is discontinued for more than six months.
(F) Appeals. Whoever is aggrieved or affected by the decision of Board involving an application for conditional use shall have the right to file an appeal with Village Council. The appeal shall be filed in writing with the Clerk of Council no later than ten days after the decision of the Commission. Council shall have a maximum of 60 days from receipt of an appeal for public hearing, consideration, and a decision on the appeal. In reaching a determination on a requested conditional use on appeal by Council, the applicable portions of division (D)(5) of this section shall apply.
(Ord. 96-152, passed 10-7-1996)
(A) Purpose. The issuance of a variance to permit exceptions to, and variance deviation from, the strict interpretation of the applicable regulations contained in this Zoning Code shall be under the authority of the Board of Zoning and Building Appeals. In no case shall the granting of a variance allow a use not permitted under the subject district regulations.
(B) Application procedure.
(1) Application to be made. Written application for a variance shall be made by the property owners or lessees to the Board of Zoning and Building Appeals. (See division (D)(1) of this section.)
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application for a variance shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) The nature of the variance required to include what provisions of this Zoning Code are affected;
(d) A statement pertaining to and explaining the relation of the variances requested to the criteria for approval as listed under division (C) of this section;
(e) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list; and
(f) A plot plan to show:
1. Boundaries and dimensions of the property and the size and location of all proposed and existing structures;
2. The nature of the special conditions or circumstances;
3. The proposed use of all parts of the lot and structures;
4. The use of land and location of structures on adjacent properties; and
5. Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.
(C) Criteria for approval. All relevant factors, including, but not limited to, the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:
(1) Special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district;
(2) A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this chapter;
(3) Special conditions and circumstances do not result from the actions of the applicant;
(4) The granting of the variance will not confer on the applicant any undue privilege that is denied by this chapter to other lands or structures in the same zoning district;
(5) The granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare;
(6) The granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations (See Garber v. Joseph Skilken & Co., 293 N.E.2d 333 (Ohio Com. Pl. 1972)); and
(7) The granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.
(D) Review procedure.
(1) Filing of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Board of Zoning and Building Appeals. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.
(2) Public hearing. A public hearing of the Board of Zoning and Building Appeals shall be held within 60 days from the date of the acceptance of a resolution, motion, or complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(3) Public notice for hearing. At least one notice shall be given at least ten days prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the time and place of the public hearing and the nature of the proposed variances.
(4) Notice to property owners. Written notice of the hearing shall be mailed by the village, by certified mail, at least ten days prior to the date of a scheduled public hearing to all property owners as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.
(5) Procedure at hearing.
(a) Within 35 days of the public hearing, the Board of Appeals shall review the application and render one of the following decisions:
1. Approval of variance as requested;
2. Approval of variance with modifications; or
3. Disapproval of variance.
(b) The Board of Appeals shall apply criteria in division (C) of this section in reaching its determination. In approving a variance, the Board of Appeals may prescribe 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 variance is approved, shall be deemed a violation of this chapter and punishable as prescribed herein.
(c) The Board of Appeals determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(E) Appeals relative to signage and off-street parking. An appeal may be filed with the Board of Appeals for relief from the strict enforcement of Zoning Code requirements relative to nonconforming signs and nonconforming surface treatment of off-street parking areas, provided the applicant shows:
(1) The unlawful nonconforming situation has existed a minimum of five years prior to the effective date of this chapter;
(2) Special circumstances or conditions exist which are peculiar to the structures involved and which prevent the applicant from meeting the requirements of this Zoning Code;
(3) Special circumstances or conditions do not result from the actions of the applicant; and
(4) The granting of an appeal will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(F) Issuance of certificate of zoning compliance. Upon approval of the Board of Appeals or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Director of Inspection and Engineering shall issue a certificate of zoning compliance for all approved variances to the applicant within ten days of approval. The requirements relative to expiration in § 153.034 shall apply.
(G) Appeals. Whoever is aggrieved or affected by the decision of the Board of Zoning and Building Appeals involving an application for a variance shall have the right to file an appeal with the Village Council. The appeal shall be filed with the Clerk of Council no later than ten days after the decision of the Board of Appeals. Council shall have a maximum of 60 days for consideration, public hearing, and a decision on the appeal. In reaching a determination on a requested variance appeal by Council, the applicable portions of division (D)(5) of this section shall apply.
(Ord. 96-152, passed 10-7-1996)
(A) Generally. The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting this Zoning Code or amendment hereto, may be continued, although such use does not conform with the provisions of this chapter or amendment hereto, as provided in this chapter. It is the intent of this chapter to permit these nonconforming situations to continue until such time that they are removed, but not to encourage their continued use or expansion except as provided for herein. (See R.C. § 713.15.)
(B) Nonconforming lots.
(1) The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning Commission in accordance with § 153.043.
(2) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of this chapter. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.
(C) Nonconforming structures and developments. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located, may be altered, reconstructed, or extended on appeal to the Zoning Board of Appeals, provided the applicant shows that:
(1) The nonconforming structure and development was lawful at the time of enactment of this Zoning Code;
(2) Such tax parcel has been under the same ownership for not less than two years;
(3) Such alteration, reconstruction, or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant;
(4) Such extension shall not increase the total floor area by more than 50%; and
(5) No extension shall be requested within two years of the last previous extension as approved by the Planning Commission.
(D) Nonconforming uses. The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following.
(1) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing and lawful at the time of enactment of this Zoning Code, as amended, may be continued, although such use does not conform with the provisions of this chapter, as amended, but if any such nonconforming use is voluntarily discontinued for a period of six months, any future use of such land shall be in conformity with this chapter. (See R.C. § 713.15.)
(2) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning Commission, provided the applicant shows that:
(a) The nonconforming use was lawful at the time of enactment of this Zoning Code;
(b) Such tax parcel has been under the same ownership for not less than two years;
(c) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and
(d) No expansion shall be requested within two years of the last previous expansion as approved by the Planning Commission.
(3) Substitution. On approval of an appeal to the Planning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning Commission, provided the applicant shows that:
(a) The nonconforming use was lawful at the time of enactment of this Zoning Code;
(b) Such tax parcel has been under the same ownership for not less than two years;
(c) Such substitution is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area; and
(d) No substitution shall be requested within two years of the last previous expansion as approved by the Planning Commission.
(4) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner satisfactory to the Director until completed.
(Ord. 96-152, passed 10-7-1996; Ord. 2002-023, passed 10-7-2002)
Cross-reference:
Nonconforming lots, development standards, see § 153.143
Nonconforming signs, see § 153.258
Statutory reference:
Retroactive measures prohibited, see R.C. § 713.15
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