1105.01 COMMON REVIEW REQUIREMENTS.
1105.01 COMMON REVIEW REQUIREMENTS.
| Document type | section |
|---|---|
| Identifier | 1105.01 |
| Citation | § 1105.01 |
| Ordinances detected | S, 116-84, ER, OF, 26-22, 22-24, INANCE |
| Original source | American Legal Publishing |
| Content hash | 86bbf0de70525fb10c1ab2d6969d74d195fcd5c3b91e2f4b38ee618418669d04 |
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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
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
CHAPTER 1101 Gemeral Provisions
CHAPTER 1103 Administration and Decision-Making Bodies
CHAPTER 1105 Review Procedures
1105.01 COMMON REVIEW REQUIREMENTS.
1105.02 CODE TEXT AND MAP AMENDMENTS.
1105.03 CONDITIONAL USES.
1105.04 MINOR SUBDIVISIONS.
1105.05 MAJOR SUBDIVISIONS.
1105.06 SITE PLAN REVIEW.
1105.07 ALTERNATIVE EQUIVALENT REVIEW.
1105.08 VARIANCES.
1105.09 ZONING PERMIT.
1105.10 APPEALS.
1105.11 INTERPRETATION OF THE CODE.
CHAPTER 1107 Zoning Districts and Principal Use Regulations
CHAPTER 1109 Planned Residential Developments (PRD)
CHAPTER 1111 Accessory and Temporary Use Regulations
CHAPTER 1113 General Development Standards
CHAPTER 1115 Landscaping and Screening Standards
CHAPTER 1117 Parking and Access Standards
CHAPTER 1119 Signs
CHAPTER 1121 Subdivision Design Standards
CHAPTER 1123 Wind Energy Systems
CHAPTER 1125 Wireless Telecommunications
CHAPTER 1127 Nonconformities
CHAPTER 1129 Enforcement and Penalties
CHAPTER 1131 Definitions
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
1105.01 COMMON REVIEW REQUIREMENTS.
CHAPTER 1105 Review Procedures
CHAPTER 1105
Review Procedures
1105.01 Common review requirements.
1105.02 Code text and map amendments.
1105.03 Conditional uses.
1105.04 Minor subdivisions.
1105.05 Major subdivisions.
1105.06 Site plan review.
1105.07 Alternative equivalent review.
1105.08 Variances.
1105.09 Zoning permit.
1105.10 Appeals.
1105.11 Interpretation of the Code.
1105.01 COMMON REVIEW REQUIREMENTS.
The requirements of this section shall apply to all applications and procedures subject to development review procedures established in this code, unless otherwise stated.
(a) Summary of Review Procedures. Table 1105-1 provides a list of all review procedures utilized in the administration and enforcement of this code, the applicable review authority, the type of review hearing or meeting, and the decision-making responsibility of each review authority.
TABLE 1105-1: SUMMARY OF REVIEW PROCEDURES AND MEETING/HEARING TYPE
Review Procedure
City Council
Planning Commission
BZBA
Administrative Staff
Code and Text Amendment
PH/D
PM/R
Planned Residential Development Concept Plan
PH/D
PM/R
Planned Residential Development Zoning Map Amendment and Development Plan
PH/D
PM/R
Conditional Use
AH/D
AH/R
Minor Subdivision
D
Major Subdivision: Preliminary Plat
PM/D
PM/R
Major Subdivision: Final Plat
PM/D
PM/R
Site Plan Review
PM/D
Alternative Equivalent Review
PH/D
PM/R
Variance
AH/D
Zoning Permit
D
Appeals
AH/D
Interpretation of the Code
D
Abbreviations:
PH = Public Hearing
AH= Adjudication Hearing
PM = Public Meeting
R = Recommendation
D = Decision
Development Review Procedure
Published Notice
Written (Mailed) Notice
Zoning Map Amendment
All notice shall be provided in accordance with Article IV, Section 12
of the City Charter
Code Text Amendment
Published notice required a minimum of 10 days before the initial public hearing of Planning Commission and City Council
None Required
Planned Residential Developments Concept Plan
Published notice required a minimum of 10 days before the public hearing
Written notice to the applicant and all adjoining, adjacent and abutting property owners of all properties subject to the application shall be required a minimum of 10 days prior to the hearing.
Planned Residential Development Zoning Map and Development Plan
All notice shall be provided in accordance with Article IV, Section 12
of the City Charter
Conditional Use
Published notice required a minimum of 10 days before the public hearing
Written notice to the applicant and all adjoining, adjacent and abutting property owners of all properties subject to the application shall be required a minimum of 10 days prior to the hearing.
Variances, Appeals, or Alternative Equivalent Review
No published notice is required
Written notice to the applicant and all adjoining, adjacent and abutting property owners of all properties subject to the application shall be required a minimum of 10 days prior to the hearing.
(Ord. 22-24. Passed 6-6-24.)
(5) Published Notice.
A. Published notice shall be provided in a newspaper of general circulation and the City may also provide additional published notice by electronic media including, but not limited to, posting online at the City's website.
B. The content and form of the published notice shall be consistent with the requirements of this section and State law.
(6) Written (Mailed) Notice.
A. The City shall provide written notice for all hearings, where required.
B. Written notification of property owners shall apply only to the initial presentation of the application for the public hearing in front of the applicable review board.
C. Written notice shall be postmarked no later than the amount of days specified in Table 1105-2 prior to the hearing date at which the item will be considered.
(7) Constructive Notice.
A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this code, and such finding shall be made available to the decision-making body prior to final action on the request.
B. When the records of the City document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
(j) Conduct of Public Hearing.
(1) Rights of All Persons at Public Hearings. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a Public Hearing or Deferral of Application Review.
A. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Zoning Inspector prior to the publication of notice as may be required by this code. The Zoning Inspector may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Zoning Inspector after publication of notice of the public hearing as required by this code shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
C. The review or decision-making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place provide the date, time, and place is publicly announced at the time of continuance.
(k) Withdrawal of Application. Any request for withdrawal of an application shall be either submitted in writing to the Zoning Inspector or made through a verbal request by the applicant prior to action by the review or decision-making body.
(1) The Zoning Inspector shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
(2) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(l) Examination and Copying of Application and Other Documents. Documents and/or records may be inspected and/or copied as provided for by State law.
(m) Effect of any Approvals.
(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
(2) All approvals shall run with the land or use and shall not be affected by change in ownership.
(n) Modifications or Amendments of Approved Applications.
(1) For any review procedure, the Zoning Inspector is authorized to allow minor changes related to design of an approved application where the change is insignificant and has minimal impact to the overall design of the development or subdivision. This shall not give the Zoning Inspector the authority to vary the requirements of this code or any conditions of approval.
(2) Where the Zoning Inspector determines that the proposed modification, amendment, or change is not minor, the applicant shall be required to resubmit an application and payment of additional fees for the application to be reviewed in accordance with the procedures and standards established for its original approval.
(o) Reapplication after Denial of an Application. If an application is denied, the applicant may:
(1) Appeal the decision in accordance with the applicable appeals procedure established in this code; or
(2) Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any such resubmission shall contain evidence that shows how the new application has substantially changed to address each of the findings of the original decision. The Zoning Inspector shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of the complete application determination in Section 1105.01(d)(4). If it does not, the Zoning Inspector shall return the application, with reasons for their determination in writing, along with any paid fees; or
(3) Submit a new application if the proposed use and design of the site will be entirely different than the denied application.
(p) Subsequent Development.
(1) Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the City's Codified Ordinances.
(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(3) The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by Lorain County, the State, or other agencies having jurisdiction.
(q) Records. The City shall maintain permanent and current records of all applications and the decisions related to those applications in City Hall.
(r) Computation of Time.
(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday observed by the City of Sheffield Lake where the City administrative offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(2) When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the City of Sheffield Lake in which the City administrative offices are closed for the entire day.
(Ord. 26-22. Passed 4-26-22.)
1105.02 CODE TEXT AND MAP AMENDMENTS.
(a) Purpose. The purpose of the code text and zoning map amendment procedure is to provide a process for amending the zoning map and text of this code.
(b) Applicability. This section shall apply to requests to amend the text of this code or amend the Official Zoning District Map of the City of Sheffield Lake, Ohio, hereafter referred to as the "zoning map."
(c) Initiation.
(1) For a zoning map amendment of a specific property, any person who has authority to file an application (See Section 1105.01(b): Authority to File Applications.) for such property may initiate a zoning map amendment by filing an application with the Zoning Inspector.
(2) City Council may initiate a code text or map amendment by referring a recommendation on an amendment to the Planning Commission.
(3) The Planning Commission may initiate a code text or map amendment by adopting a motion to make such amendment.
(d) Code Text or Map Amendment Review Procedure. The review procedure for a code text or map amendment shall be as follows:
(1) Step 1 - Pre-Application Meeting (Optional). An applicant may request to have a pre-application meeting with staff or with the Planning Commission to informally discuss the application and any concept plans. Such meeting shall be subject to Section 1105.01(f).
(2) Step 2 - Application.
A. For amendments that are not initiated by the Planning Commission or City Council, the applicant shall submit an application in accordance with Section 1105.01: Common Review Requirements, and with the provisions of this section.
B. Amendments initiated by City Council shall be referred to the Planning Commission for initiation of review.
(3) Step 3 - Planning Commission Review and Recommendation.
A. The Planning Commission shall review the code text or map amendment application at its next regularly scheduled meeting, or at a special meeting, after the application is determined to be complete.
B. In reviewing the application, Planning Commission shall at a minimum, consider the review criteria of this section.
C. Within sixty (60) days of the from the date an application is deemed complete or a resolution is adopted by City Council to amend the code text or zoning map, the Planning Commission shall make a recommendation to City Council on the application. In making its recommendation, the Planning Commission may recommend approval, approval with some modification, or denial of the application.
D. If the Planning Commission fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application will move forward to Step 4 with a recommendation of approval.
(4) Step 4 - City Council Review and Decision.
A. Following receipt of the recommendation from the Planning Commission (Step 3), the application shall be placed on City Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or City Council shall set a time for a public hearing on the proposed amendment that is no more than sixty (60) days from receipt of the Planning Commission's recommendation.
B. Notification of the public hearing shall be provided in accordance with Section 1105.01(i): Public Notification for Public Hearings.
C. City Council shall review a text or zoning map amendment application during a public hearing. In reviewing the application, City Council shall at a minimum, consider the recommendation from Planning Commission and the review criteria of this section.
D. Within a reasonable time after the close of the public hearing, City Council shall adopt, adopt with some modification, or deny the recommendation of the Planning Commission.
i. If the Planning Commission recommends a denial of the amendment application, then approval by City Council shall require an affirmative vote of no less than two-thirds (2/3) of the full membership of City Council.
ii. In all other cases, then approval by City Council shall only require concurring vote of a simple majority of the full membership of City Council.
E. The effective date of any amendment shall be in accordance with the applicable provisions of the Charter.
(e) Review Criteria. Recommendations and decisions on code text or map amendment applications shall be based on consideration of the following review criteria. Not all criteria may be applicable in each case, and each case shall be determined on its own facts.
(1) The proposed amendment is consistent with the adopted City plans, and the stated purposes of this code;
(2) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions;
(3) The proposed amendment will promote the public health, safety, and general welfare;
(4) The proposed amendment, if amending the zoning map, is consistent with the stated purpose of the proposed zoning district;
(5) The proposed amendment, if to the zoning map, follows lot lines or the centerlines of streets, railroads, or other rights-of-way.
(6) The proposed amendment is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;
(7) The proposed amendment will not constitute spot zoning where special treatment is given to a particular property or property owner that would not be applicable to a similar property, under the same circumstances. and/or
(8) The proposed amendment is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract.
(f) Limited Use Rezoning.
(1) Any application for a zoning map amendment that proposes to rezone properties to an R-2, R-3, B-1, B-2, B-4, or B-5 District may be granted on a limited use basis.
(2) If an application for a zoning map amendment is for one of the applicable district above, the application shall include a preliminary development plan as part of the application. Such plan shall show the layout of the total area to be included in the proposed district and shall indicate and be accompanied by documentary evidence to the satisfaction of the Planning Commission showing that in addition to the review criteria in Section 1105.02(e), the proposed plan shall demonstrate that:
A. The appropriate use and value of property adjacent to the area included in the plan will be safeguarded;
B. The capacity of existing or proposed utilities, streets and thoroughfares is adequate to absorb the additional burden created by the special use district;
C. The developments will consist of a harmonious grouping of buildings or other structures, adequate service, parking and open spaces, planned as a single and common operating and maintenance unit, as applicable;
D. The uses included are limited to those permitted in such districts where the special use district is applicable;
E. All buildings will be served by adequate storm and sanitary sewers, public water supply and public utilities, as determined by the City Engineer; and
F. If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and the intent of this code shall be fully complied with at the completion of any stage.
(3) Every such zoning map application, when approved by City Council either as submitted or as resubmitted in modified form, shall constitute an agreement by the petitioner or owner that such installation shall be made, completed and operated as indicated by the approved plan and in accordance with the provisions of this section and that the area which has been rezoned shall lose its new classification and revert to its former classification in either of the following events:
A. If construction of approved buildings and improvements is not undertaken within one (1) year after the approval of the detailed plans or within such additional time as may be authorized by City Council; or
B. If there is a failure to complete construction or to comply or to continue to comply with the specified conditions listed in the approved plan and in this section, or with conditions imposed by City Council hereunder in the zoning of the area, provided, however, that after a period of at least five (5) years has elapsed the petitioner or owner, his successors or assigns, may petition the Planning Commission to request reasonable changes in the specified conditions of the zoning approval and the Planning Commission may recommend such changes to City Council for its approval if it finds such changes are reasonably warranted in the light of changed conditions since the adoption of the rezoning ordinance.
(4) Development approved through a limited use zoning shall still be subject to site plan and zoning permit review, as applicable.
(Ord. 26-22. Passed 4-26-22.)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.
For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
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Detected legislative history
- Ordinances of Sheffield Lake, OH
- ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
- ORDINANCE NO. 116-84
- ORDINANCES OF SHEFFIELD LAKE
- ording to the procedures and timelines set forth in this code
- order and timing of review
- adopted plans prior to the submission of an application
- ordinance of City Council
- adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of planning and zoning activities
- adopted by City Council, no application shall be processed or determined to be complete until the established fee has been paid
- Ord. 26-22
- ordance with Article IV, Section 12
- Ord. 22-24
- ords of the City document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required b
- ordance with this code
- ordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body
- ords may be inspected and/or copied as provided for by State law
- ordance with the procedures and standards established for its original approval
- ordance with the applicable appeals procedure established in this code; or
- Ordinances
- ords
- ords of all applications and the decisions related to those applications in City Hall
- ordance with Section 1105
- adopted by City Council to amend the code text or zoning map, the Planning Commission shall make a recommendation to City Council on the application
- effective date of any amendment shall be in accordance with the applicable provisions of the Charter
- adopted City plans, and the stated purposes of this code;
- ordance with the provisions of this section and that the area which has been rezoned shall lose its new classification and revert to its former classification in either of the followi
- ordinance. (4) Development approved through a limited use zoning shall still be subject to site plan and zoning permit review, as applicable
- Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
- Ordinances should be consulted prior to any action being taken
- Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588
Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.
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