To: Village Council of Boston Heights OH
and Planning Commission & Board of Zoning Appeals
From: William J. Hinkle
420 E. Boston Mills Road
Boston Heights, OH 44236-1111
Date: 11 September 2002
Re: Village Rezoning Plan, Proposed Ordinance M-2002 & addendum A
I am suggesting these, or similar, changes be considered for the Village Rezoning Plan in its current draft form, and for other portions of the existing Zoning Ordinances. Specific language is given for example only, as I am not a lawyer.
[1] Amend proposed 1151.02 "District Map" to add:
In any dispute regarding the zoning classification of property subject to this Code, the original map maintained by the Village Engineer shall control.
If any land subject to this Code has not been specifically included within any of the districts shown on the zoning classification map, or if any land becomes so subject, such land shall automatically be classified in the Residential district (RES) unless otherwise classified by act of Council.
Note: this provides a default zoning for lands the CVNP may give up, as well as advisory regulation for the park lands that are still residential use.
[2] Amend proposed 1153.02 "Conditional Uses" (RES) to add this preface:
Except as otherwise specified in this section, conditional uses in the Residential district shall be subject to the regulation of section 1159.03, 1159.04, 1159.05, 1159.06, 1159.07, 1159.08, 1159.09, and 1159.10.
Note: this provides a regulation basis for non-residential conditional uses in RES.
[3] Amend proposed 1151.04(1) regarding buffer yard between RES and non-RES, to add:
Landscaping may be applied to that portion of the buffer area nearest the non-Residential use when required under the provisions of 1159.05(e) to further the privacy of surrounding residential property..
[4] Amend proposed 1157 "Office/Professional District" (OP) to replace 1157.01, 1157.09, 1157.10 with this section, and modifying 1157.06:
1157.01 GENERAL REGULATIONS.
(a) Purpose. This district is established to provide for uses principally related to business offices, professional offices, and sales of services rather than goods for the most part. This district is intended to provide a transitional area of lower impact use between Residential and other commercial uses.
(b) Building size. No building constructed for use in the Office/Professional District shall exceed 30,000 square feet.
(c) Permitted Uses. Same as draft uses in 1157.01(a)-(c).
(d) Conditional Uses. Restaurants, barbers, hair dressers, & other services within and supporting an office complex; bed-and-breakfast establishments.
(e) Prohibited Uses. Adult Entertainment Establishments as defined in section 1162.02.
(f) General Restrictions. Per draft 1159.02(e)(1) regarding trash & outside storage.
(g) Additional Regulation. Uses in the Office/Professional district shall be subject to the regulation of section 1159.05, 1159.06, 1159.07, 1159.08, 1159.09, and 1159.10.
Note: addition of 1159.07 to this list allows removal of the last sentence in draft 1157.06 regarding parking provision, while applying the more complete provisions given in 1159.07.
[5] Add a new 1157.09 "Special Conditions" (Office/Professional) section to clarify the restriction of conditional and accessory uses in OP:
All commercial or retail uses, as permitted accessory or conditional uses in the Office/Professional District, shall satisfy the following conditions:
(a) The primary purpose of the commercial or retail use is to serve the employees of the office development in the immediately local portion of the District; and
(b) the commercial or retail use shall not be the principal use in any free-standing building; and
(c) the commercial or retail use shall not occupy more than 25% of the gross floor area of its building; and
(d) the commercial or retail use shall not have an entrance leading directly to the outside of its building; and
(e) no free-standing sign shall be allowed in connection with such commercial or retail use.
[6] Consider whether proposed 1157.05 "Intensity of Use" (Office/Professional) should be modified increase the open space requirement above 25%. For example, to restrict non-permeable coverage to 60-70% of the lot area.
[7] Amend BZA section 1145.04 "Powers and Duties" to add:
(g) To approve, upon review, location of those conditional uses so specified in this Zoning Ordinance as being subject to the purview of the Board, where such uses will not be contrary to the public interest and will not cause adjoining properties to suffer a substantial detriment.
[8] Add BZA section 1145.06 "Variances":
1145.05 VARIANCES.
(a) Standards
All applications for variances shall demonstrate compliance with these standards and criteria:
(1) Exceptional or unusual conditions exist that are not common to other areas similarly situated and practical difficulty may result from strict compliance with any of the zoning standards, provided that such relief will not have the effect of nullifying or impairing the intent and purpose of the Code.
(2) No variance shall be granted reducing the size of lots unless specifically allowed elsewhere in this Code.
(3) If authorized, a variance shall represent the least deviation from the regulations that will afford relief.
(4) Under no circumstances shall the Board grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought.
(5) In granting such variances, the Board may require such conditions as will, in its judgement, secure substantially the objectives of the standard so varied or modified.
(b) Requirement of Guarantee
In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee or bond as it deems necessary to guarantee compliance with such attached conditions.
(c) Lapse
Failure of an applicant to commence substantial construction or action with regard to the variance approval within one (1) year of receiving approval of the variance and to complete such construction or action within two (2) years of receiving approval of the variance shall automatically render the decision of the BZA null and void.
(d) Application
Applications for variances shall be submitted to the Zoning Inspector upon such forms, and with such documentary requirements, as he shall establish.