05-02 Amend Powers & Duties of Planning Commission

Home Browse Search

PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE 1/7/02. SECOND.READ 1/22/02. ORDINANCE NO. 5-02 BY: Corrzian=.Dunn..FitzGerald, George, Roth AN ORDINANCE to amend Subsection 1103.02(iii~, Definitions, Section 1171.03, Powers and Duties of the P~anning Commission, and Subsection 1173.04(d), Variances, of the Zoning Code of the Codified Ordinances of the City of lakewood to clarify the P~anning Commission's authority to grant use variances. WHEREAS, the proposed amendments to the Zoning Code encourage the orderly development of land use throughout the City in a manner consistent with the Cornrnun/ty Vis/on; and WHEREAS, Ordinance 24-98 adopted various amendments to the Zoning Code which included defining factors to be considered when determining unnecessary hardship in granting variances; and WHEREAS, Ordinance 24-98 requires clarification as to the authority of the Commission and/or Board to grant use and all other variances respectively. NOW THEREFORE BE 1T ORDAINED BY THE CITY OF LAKEWOOD, S/ATE OF OHIO: Section 1. That existing Subsection 1103.02(iii), Definitions, of the Codified Ordinances of the City of Lakewood, now reading respectively as follows: (iii) VARIANCE means a deviation from a regulation placed by the Code on a permitted, existing non-conforming, or conditional use or structure, granted by the Board pursuant to Article XVI, Section 2, paragraph 3 of the Charter. shall be and the same is hereby amended to read as follows: (iii) VAFUANCE means a deviation from a regulation by the Code on a permitted, existing non- conforming, or conditional use or structure, granted by the Board or Commission, where applicable, pursuant to AR'I~CLE XIII, Section 2, Paragraph 2 of the of the SECOND AMENDED CHARTER OF THE ClTY OF LAKEWOOD. Section 2. That existing Section 1171.03, Powers and Duties of the Planning Commission, of the Codified Ordinances of the City of Lakewood now reading respectively as follows: In addition to the powers and duties conferred by Charter the Commission shall, for purposes of this Code, have the following duties: (a) To review and approve or disapprove an applicaUon for a CondiUonal Use Permit for a ;)articular lot according to the general criteria set forth in Section 1173,02 and the specific criteria set forth in Chapter 1161. (b) To determine that a proposed use not listed or provided for in this Code is substantially similar to a permitted or conditionally permitted use that is listed and provided for in this Code by applying the criteria set forth in SeCdon 1173.03. To review and approve or disapprove amendments to the regulations, restrictions, and boundaries set forth in this Code. (c) (d) shall be and the same is hereby amended to read as follows: In addition to the powers and duties conferred by Charter the Commission shall, for purposes of this Code, have the following duties: (a) To review and approve or disapprove an application for a Conditional Use Permit for a particular lot according to the general criteria set forth in Section 1173.02 and the specific criteria set forth in Chapter 1161, (b) To determine that a proposed use not listed or provided for in this Code is substantially similar to a permitted or conditionally permitted use'that is listed and provided for in this Code by applying the criteria set forth in Section 1173.03. (c) To review and approve or disapprove each application for a use variance. (1) In the case of a vadance to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in subsection 1173.04(d). (2) When granting a use variance, the Commission may prescribe any conditions or safeguards that it deems necessary to insure that the applicant will comply with the terms of the variance, and to preserve the spirit and intent of the Code. (d) ... ·.. Page 1 of~ 2