WHEN:         Monday, June 7, 2021 at 7:00 p.m.

WHERE:      Online (Registration Required)
                       See below or on website calendar at www.amberleyvillage.org

FROM:         Scot Lahrmer, Village Manager

Please be advised there will be a public hearing held by the Amberley Planning Commission on Monday, June 7, 2021 at 7:00 p.m. online via Zoom. Those wishing to speak at the meeting may register for the meeting via the information listed below. The public meeting will be held to review the following item:
The Village Council seeks recommendations of the Planning Commission  to amend the zoning map or the regulation in the zoning code, which are required to correct inconsistencies and promote compliance within the Village Code. The code states that such amendments must first be submitted to the Planning Commission for review, recommendation, and suggestions.
The Village maintains a Zoning and Property Maintenance Code, to promote the health, safety, and welfare of residents and the community, as well as to protect and preserve property values and the quality of the life. To that end, the Village makes every effort to be consistent and clear in its expectations of properties in the Village.
 
While developing the Amberley Green District (AGD) zoning text, questions were raised as to the process for approving temporary events such as the One-Stop Recycle Event, farmer markets, and food truck rallies. Staff stated that Code Section 154.66 calls for all temporary events (not mentioned as permitted) in all districts to be approved by the Board of Zoning Appeals (BZA). 
To streamline approvals and to assure compliance, staff believes the code should be amended to allow temporary events that are for a period of 7 days or less be approved by the Village Manager. While events with a duration longer than 7 days or annual events still be required to get approval from the BZA.
In working with the Village Solicitor, staff’s recommendation is to modify the following sections of section 154.66 to read as follows.
154.66 (A) (4)
The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use intended to be for more than 1 week and not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
154.66 (B)
The Village Manager shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:

            (1) The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use shall be for not more than 1 week period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
The recommendation would also relabel (B) in the existing code to (C).
Both the current text of the Code Section 154.66 and the proposed text are included below for reference:
Existing code
154.66 SPECIAL EXCEPTIONS.
  (A) The Board of Appeals shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:
   (1) The special exceptions herein before specified in §§ 154.50 through 154.53 of this Zoning Code.
   (2) The substitution for a nonconforming use of another nonconforming use which, in the opinion of the Board of Appeals, is of the same or less objectionable nature in respect to its effect on the neighborhood, provided no structural alterations, except such as are required by law or ordinance, are made in any structure.
   (3) The extension of a nonconforming use throughout a structure manifestly designed for such use, provided no structural alterations, except such as are required by law or ordinance, are made therein.
   (4) The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use shall be for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
  (B) In authorizing a special exception, the Board may attach thereto such conditions or requirements, governing the location, character, or other features of the proposed structure or use, and its maintenance, occupancy, or operation as the Board may deem necessary in furtherance of the purpose of this Zoning Code.
('69 Code, § 151.66) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)
 
Proposed code
154.66 SPECIAL EXCEPTIONS.
 (A) The Board of Zoning Appeals shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:
(1) The special exceptions herein before specified in §§ 154.50 through 154.53 of this Zoning Code.
(2) The substitution for a nonconforming use of another nonconforming use which, in the opinion of the Board of Zoning Appeals, is of the same or less objectionable nature in respect to its effect on the neighborhood, provided no structural alterations, except such as are required by law or ordinance, are made in any structure.
(3) The extension of a nonconforming use throughout a structure manifestly designed for such use, provided no structural alterations, except such as are required by law or ordinance, are made therein.
(4) The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use intended to be for more than 1 week and not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
  (B) The Village Manager shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:
(1) The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use shall be for not more than 1 week period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
  (C) In authorizing a special exception, the Board and the Village Manager may attach thereto such conditions or requirements, governing the location, character, or other features of the proposed structure or use, and its maintenance, occupancy, or operation as the Board may deem necessary in furtherance of the purpose of this Zoning Code.
('69 Code, § 151.66) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)
Cross-reference:
  Exceptions and modifications, see §§ 154.50 through 154.53
The intent of the code modification is to streamline the approval process for temporary events and to get compliance before the event is held.

The Law Committee, in consultation with staff, reviewed and recommended to the Council that amendments to Zoning Code Section 154.66 be submitted to the Planning Commission for review and recommendations. The Village Council passed Resolution 2021-20 on May 10, 2021, referring the proposed Ordinance to the Amberley Village Planning Commission.

If you are interested in reviewing the application you may do so by email request to the Village Clerk at tpreasoner@amberleyvillage.org or you may attend the Wednesday, July 8, 2020 Board of Zoning Appeals online or by phone at the information listed below. If you should have any questions, please feel free to contact Scot Lahrmer at (513) 531-8675.

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What: Public Hearing of the Amberley Village Planning Commission
When: Jun 7, 2021 07:00 PM Eastern Time (US and Canada)
 
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