03/18/2002 Meeting Minutes - Laserfiche WebLink

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Mar 04 02 03:29p Diemert & Flssociates (440)442-0825 Council President William Buckholtz Page 2 use of the neighboring property, and provided further that such permitted use is not injurious, obnoxious or offensive by reason of emission of refuse water, odors, dust, fumes, vibrations, smoke, gas, noise or otherwise, and is rtot dangerous or harmful to life, health, property or morals, and will not cause any undue congestion on the public highways. The Council at that time also classified the various permitfied uses throughout the Village, and under Section 1153.02(e), established the classification of U-5 uses for the Local Business District. Subparagraph 16 alfows as a permifited use "any other use which is, in the determination of the Planning and Zoning Commission, to be in keeping with uses permitted herein as Class U-5 uses and is not injurious, obnoxious or offensive ...", with the same criteria as under Section 1149 previously quoted In 1989, the voters of the Village approved a change of permitted uses under Section 1153.02(f) which are known as Class U-6 uses. These uses are permitted in "any use district" per 1149.02(a)(3). Under subparagraph (9), the yoters gave the Planning and Zoning Commission and Council the authority to grant a special permit for "any other use which is in the determination of the Planning and Zoning Commission to be in keeping with uses permitted herein as Class U-6 uses and is not injurious, ...", again the balance of the paragraph being the same as allowed in Section 1149 for special use permits. Although the mention of "physicians and dentists ofFices, medical centers, and other professional ofFices" is found as a permitted use in the Small Office Building district in Section 1169.03, adopted in May of 1972, there is also the mention of professional offices as being permitted under the Office Laboratory District in Section 1173,03(b). Those same uses are accommodated as permitted in the production- distribution district in 1173.03(c). Because the Vilfage has traditionally not allowed "medica[" offices in the Office Laboratory District, because of the specific reference in the Small Office Building Section, a special use permit is required. We have done this even though 1173.03(b) aElows "Professional Offices" and does not exclude the medical profession. As I previously stated at the joint meeting of Planning and Zoning Board, it is these sections of the Charter and the Codified Ordinances which have given P&Z and Council the ability to grant special use permits during the past decades. p.3 ? 40 41 It has been argued that special use permits are in effect a rezoning of land. However, it is apparent that the Councils have felt since the 1960's that a large amount of flexibility should be allowed to the Planning and Zoning Commission, with Council approval, in allowing special uses, In 1995, the voters adopted several arnendments to