BILL #06-019

BY: MRS. HIGHTOWER:

 

Amending and enacting certain sections of Chapter 1159 (Planning Commission) of the Mansfield Codified Ordinances of 1997, as amended, by increasing the membership and duties of the Planning Commission, amending various sections of Mansfield Codified Ordinances of 1997, as amended, by replacing references to the Board of Zoning Appeals with the Planning Commission, and repealing Chapter1157 (Board of Zoning Appeals) of the Mansfield Codified Ordinance of 1997, as amended, and thereby abolishing the Board of Zoning Appeals, and declaring an emergency.

 

WHEREAS, R.C. 713.11 grants municipal legislative authorities the right to create an administrative board with the power to hear and determine appeals from the refusal of building permits by building commissioners and to permit variations from zoning district regulations, and

 

WHEREAS, from 1928 until 1955 (Ord. #54-388) and then from 1971 (Ord. #71-320) to the present, these duties were assumed, by authority of Council, in the City’s Board of Zoning Appeals, and

 

WHEREAS, these duties, by virtue of R.C. 713.11, may be placed, by legislative enactment, with the City’s Planning Commission, and

 

WHEREAS, a comprehensive review of the City’s administrative process has concluded that in the best interest of expediting all reviews under the City’s planning and building codified ordinances, such reviews should be placed in one administrative body and that body is the City’s Planning Commission, and

 

WHEREAS, by virtue of said action, the City’s Board of Zoning Appeals would no longer be needed and therefore subject to abolishment, and

 

WHEREAS, since Chapter 1159 (Planning Commission) and Chapter 1157 (Board of Zoning Appeals) are a part of the City’s Revised Zoning Code as set forth in its codified ordinances, the procedure for amending and/or abolishing such chapters needs to be adhered to, and

 

WHEREAS, accordingly, the results of the administrative process review set forth above were presented to the City Planning Commission on November 8, 2005 and it recommended that the Board of Zoning Appeals be abolished and that all of its duties and powers be assumed by the Planning Commission. A copy of said recommendation has been on file with the Clerk of Council for not less than thirty (30) days prior to the date of the public hearing, and

 

WHEREAS, notice of the public hearing has been given by publication at least thirty (30) days before said hearing, and a public hearing was held on such recommendation and the proposed abolishment and assumption of duties predicated thereon.

 

 

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITY OF MANSFIELD, STATE OF OHIO:

 

SECTION 1. That Section 1159.01 of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby, amended to provide as follows:

 

1159.01 AUTHORIZATION

The Planning Commission has been established by Council pursuant to Ohio R.C. 713.01 and consists of seven nine members including the Mayor, Service Director or Public Works Director, President of the Board of Park Commissioners and four six residents of the City, who shall serve without compensation and shall be appointed by the Mayor for terms of six years each.

 

 

 

SECTION 2. That Section 1159.03 of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby, amended to provide as follows:

1159.03 DUTIES

For the purpose of this Zoning Ordinance, the Planning Commission shall have the following duties and powers:

(a) Initiate proposed amendments to this Ordinance;

(b) Review all proposed amendments to this Ordinance in accordance with Chapter 1161 and make recommendations to Council;

(c) Review all planned unit developments and make recommendations to Council in accordance with Chapter 1185.

(d) Review all site plans whenever specifically required elsewhere in this Ordinance.

(e) Review site plans and storm drainage plans for any multifamily or nonresidential development of previously undeveloped land.

(f) Review any site plan for any development when deemed necessary by the Zoning Administrator, particularly where such development would result in an increase in impervious surface on the lot, an increase in the need for off-street parking or would have an impact on traffic flow or circulation in the immediate area.

(g) Hear and decide all appeals from any decision or action of the Zoning Administrator or any other administrative official in carrying out or enforcing any provisions of this Ordinance.

(h) Where there are practical difficulties or unnecessary or particular hardships in carrying out the strict letter of this Ordinance, the Commission shall have the power, upon appeal, to authorize a variance from the strict application of the provisions of this Ordinance where evidence is submitted showing that:

(1) By reason of exceptional narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property involved or the intended use or development of the property that does not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of

this Ordinance would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Ordinance; and

(2) Granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this Ordinance. In granting a variance, the Commission may attach such conditions or safeguards as it deems necessary to protect the public health, safety or welfare and to further the purposes and intent of this Ordinance.

(i) Permit uses not expressly permitted under this Ordinance, if they are similar in nature to permitted or conditionally permitted uses.

(j) Permit one- and two-family dwellings in any district if it can be demonstrated that such use is in keeping with the character of the area and would not be detrimental to future expansion of nonresidential uses in the district."

 

 

SECTION 3. That Section 1159.03 and 1159.04 of the Mansfield Codified Ordinances of 1997, as

amended, be, and the same are hereby enacted to read as follows:

1159.04 APPEALS

Appeals, pursuant to Section 1159.03 (g) and (h), may be taken by any person, firm or corporation, deeming himself or itself to be adversely affected by the decision of the Zoning Administrator regarding the interpretation of this Zoning Ordinance. An appeal shall be made no later than fifteen calendar days after the date on which the Zoning Administrator makes his decision which causes such appeal to be made and shall be accompanied by a fee in the amount of thirty dollars ($30.00), which fee shall be refunded if the Zoning Administrator's decision is wholly reversed. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer, whose decision is being appealed, certifies to the Commission, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. Within its powers, the Commission may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers and bodies from whom the appeal was taken and it may issue or direct the issuance of a certificate.

 

1159.05 PROCEDURE

(a) All appeals and applications made to the Commission shall be in writing and on forms prescribed therefor. Every appeal or application for a variance shall refer to the specified provision of the Zoning Ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the certificate is sought or the details of the appeal, and the grounds on which it should be granted, as the case may be. Each and every decision made by the Commission shall be by resolution and shall contain a full record of the findings of the Commission in the particular case. Each such resolution shall be filed with the City Building and Codes Department by case number.

(b) When a notice of appeal has been filed in the proper form with the

Commission, the secretary shall immediately place the request for appeal upon the calendar for hearing and shall cause notices, stating the time, place, date and purpose of the hearing to be served personally or by mail, addressed to the parties making the request for appeal at least ten days prior to the date of the scheduled hearing. Notices of the hearing shall also be sent to the owners of all property bounding and abutting upon the land which is the subject of appeal. The Commission, at its discretion, may send out further notices to publicize such hearings. The Commission may recess hearings from time to time, and if the time and place of the continued hearing are publicly announced at the time of adjournment, no further notice shall be required.

 

 

SECTION 4. That Section 107.02 of the Mansfield Codified Ordinances of 1997, as amended, be,

and the same is hereby amended to provide as follows:

 

107.02 DEFINITIONS.

The following words when used in this chapter shall have the meanings ascribed to them in this section.

(a) "Clerk" means the Clerk of Council or equivalent secretary of the Municipal Body.

(b) "Day" means calendar day.

(c) "Meeting" means any prearranged discussion of the public business of the Municipal Body by a majority of the members of the Municipal Body.

(d) "Municipal Body" means all public bodies as that term is used in Section 13.01 of the Charter and includes but is not limited to each of the following:

Airport and Aviation Commission Civil Service Commission

Board of Control City Council

Board of Electrical Examiners Citizens Advisory Committee

Board of Health Downtown Banner Committee

Board of Housing Appeals Human Relations Commission

Board of Park Commissioners Planning Commission

Board of Utility Appeals Records Commission

Board of Zoning Appeals Recreation Board

Shade Tree Commission"

 

 

SECTION 5.That Section 505.02(c) of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

505.02 RESTRICTIONS ON KEEPING OF CERTAIN ANIMALS.

(c) Permits. Such permits may be issued by the Director on written application therefor in such form as the Director requires, and shall specify any restrictions, limitations, conditions or prohibitions which the Director deems reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety. All such animals kept in connection therewith shall be located no closer than fifty feet to any building used or designed for human habitation.

The Director shall investigate or cause to be investigated the keeping of any such fowl or hoofed animals and shall report the results of such investigation to the Board of Zoning Appeals. Planning Commission. The Board Commission may, at its discretion, conduct a public hearing on the manner and extent of keeping or maintaining such fowl or hoofed animals and, following such public hearing, may impose such limitations, restrictions, conditions or prohibitions on the keeping or maintaining of any such fowl or hoofed animals on the premises as, in its sound judgement, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety.

 

 

SECTION 6. That Section1151.03 of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

 

1151.03 LEGISLATIVE PURPOSE

The purpose of this Zoning Ordinance is to regulate and restrict the location and use of buildings, structures and land for commercial, industrial, residential, public and quasipublic uses or other specified uses; to regulate the height and bulk of buildings and other structures; to regulate and determine the area and dimensions of yards, courts and other open spaces; to regulate and limit the density of population; to provide standards for all types of dwelling units so that all residents may have access to decent, safe and sanitary housing in accordance with the Federal Housing Act of 1949; to lessen the danger and congestion of traffic on City streets and highways, limiting excessive numbers of intersections, driveways and access points; to provide adequate privacy, light and air; to protect the tax base facilitating cost-effective development within the City; to protect landowners from adverse impacts of adjoining developments; to conserve the values of property throughout the City; to divide the City into districts, establishing the boundaries thereof; to provide for changes in the regulations and boundaries of such districts; to define certain terms used herein; to provide for the administration and enforcement of the Ordinance; and to establish a Board of Zoning Appeals and Planning Commission and defined the powers and duties of such Board and Commission.

 

SECTION 7. That Section1153.03(99) of the Mansfield Codified Ordinances of 1997, as amended,

be, and the same is hereby amended to provide as follows:

 

1153.03 DEFINITIONS.

(99) "Variance" means a departure from the specific requirements of this Ordinance which may be granted by the Board of Zoning Appeals Planning Commission when the literal enforcement of these requirements would result in practical difficulties, unnecessary hardship or results which are inconsistent with the general purposes of this Ordinance, owing to circumstances unique to the individual property in question because of the particular physical surroundings, shape, size or topographical condition of the property."

 

 

SECTION 8. That Section 1175.16 of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

 

1175.16 PROHIBITED USES.

Any use not expressly or implicitly permitted in this Zoning Ordinance shall be prohibited, unless approved by the Board of Zoning Appeals

Planning Commission under the appeal procedure of Section 1157.06 (c)."1159.03(i)."

 

 

SECTION 9.That Section 1177.03(d) of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

 

1177.03 NONCONFORMING USES OF LAND, BUILDINGS OR STRUCTURES.

(d) Any nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification than the existing use upon approval by the Board of Zoning Appeals. Planning Commission. The Board Commission may attach any conditions to the new use which it deems necessary to safeguard the public health, safety or welfare."

 

 

SECTION 10.That Section 1179.01(b) of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

 

1179.01 OFF-STREET PARKING REGULATIONS

(b) General Regulations. In all districts, except the Central Business District, in conjunction with the erection or enlargement of every building or structure, off-street parking space shall be provided with adequate access to each space. In connection with all permitted uses, off-street parking spaces shall be provided before a certificate of occupancy shall be issued, and shall further be constructed in accordance with the following regulations:

(1) Any area once designated as required off-street parking shall never be converted, changed or occupied by another structure or use of land until equal facilities are provided elsewhere.

(2) Land area designated for off-street parking shall be used solely for the parking of vehicles and no commercial repair work, storage or service of any kind shall be conducted on any part of such parking lot.

(3) Any use not specifically mentioned shall provide off-street parking facilities in accordance with the requirements established for a use which is similar in nature.

(4) For a change of occupancy where the parking demand is increased and where no new construction requiring a building permit is anticipated, but a zoning certificate is required, the Zoning Administrator shall review the parking requirements of the proposed use.

Two copies of a parking plan shall be submitted to the Zoning Administrator showing the entire property, the means of ingress and egress, location of buildings, parking spaces, landscaping and any other proposed facilities. If the plan conforms to the intent and provisions of this section, the Zoning Administrator shall approve both copies, keeping one on file and returning the other to the property owner.

(5) The Board of Zoning Appeals

Planning Commission may grant a variance to the requirements of this section where joint use is made of parking facilities, providing the operating hours of such uses do not overlap.

(6) Required off-street parking facilities shall be located on the same lot as the structure or use served, except that a parking facility providing the sum of parking spaces required of several uses may be provided contiguous and in common to the several structures and uses served."

 

 

SECTION 11.That Section 1181.01 (l) of the Mansfield Codified Ordinances of 1997, as amended, be, and the same is hereby amended to provide as follows:

 

1181.01 AREA, YARD, HEIGHT AND USE EXCEPTIONS

(l) Exception for One- and Two-Family Dwellings. Nothing in this Ordinance shall prohibit an existing one- or two-family dwelling from being altered, enlarged or reconstructed, regardless of the zoning district in which it is located, provided that a nonconforming structure does not have an increase in nonconformity. In addition, the Board of Zoning Appeals Planning Commission shall have the power to permit the construction of a one- or two-family dwelling in any district, provided the character of the area is conducive to residential development and it will not adversely affect any surrounding business or industrial property.

 

 

SECTION 12. That Section 1371.01 of the Mansfield Codified Ordinances of 1997, as amended, be,

and the same is hereby amended to provide as follows:

 

1371.01 BOARD OF HOUSING APPEALS.

There is hereby established a Board of Housing Appeals, the members and officers of which shall be the same as the Board of Zoning Appeals Planning Commission. This Board shall have the authority, after hearing, to affirm, overrule or modify any order issued under authority of this chapter by the Bureau of Buildings, Inspections, Licenses and Permits or the Superintendent."

 

 

SECTION 13. That Chapter 1157 (Board of Zoning Appeals) of the Mansfield Codified Ordinances, as amended, be, and the same is hereby repealed in its entirety and the Board of Zoning Appeals is thereby abolished.

 

 

SECTION 14. That by reason of the need to afford immediate, available and uniform review of building and planning issues presented to the City by the transfer of the duties and powers of the Board of Zoning Appeals to the Planning Commission, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

 

PASSED 17 January, 2006 SIGNED /s/ Virginia M. Imhoff President of Council

ATTEST /s/ Lisa M. Grove APPROVED /s/ Lydia J. Reid Clerk of Council Mayor

APPROVED AS TO FORM: David L. Remy

Law Director

City of Mansfield, Ohio

 

* Publication required.