Amherst City Zoning Code
CHAPTER 1121
General Provisions and Definitions
1121.01 COMPLIANCE REQUIRED; BUILDINGS UNDER CONSTRUCTION.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be in a manner which does not comply with all the district regulations established by this Zoning Code for the district in which the building or land is located.
The minimum yards and other spaces, including the density of population provisions, contained in this Zoning Code for each and every building existing on the effective date of this Zoning Code (Ordinance 65-82, passed December 27, 1965) or building hereafter erected, or structurally altered, shall not be encroached upon or considered as yard or open space requirements for any other building.
Nothing contained in this Zoning Code shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this Zoning Code, (Ordinance 65-82, passed December 27, 1965) provided that the foundation walls have been completed and the owner is proceeding in good faith to complete the building within one year from the date of the issuance of the permit therefor.
(Ord. 65-82. Passed 12-27-65.)
1121.02 INTERPRETATION, PURPOSE AND CONFLICT.
(a) In interpreting and applying the provisions of this Zoning Code, they shall be held to be minimum requirements for the promotion of public health, safety, morals, comfort and general welfare. Whenever the regulations of this Zoning Code require a greater width or size of yards or other open space, or require a lower height of buildings or a fewer number of stories, or require a greater percentage of lot to be unoccupied or require a lower density of population, or require a more restricting use of land, or impose other higher standards than those required in any other ordinance, regulation, private deed restriction or private covenants, the provisions of the Zoning Code shall govern. But if the requirements of other resolutions, regulations, private deed restriction or private covenants are more restrictive, then they shall govern.
(Ord. 65-82. Passed 12-27-65.)
(Ord. 65-82. Passed 12-27-65.)
(b) A lot shown as a sublot in a subdivision recorded prior to the enactment of this Zoning Code (Ordinance 65-82, passed December 27, 1965) with area or road frontage less than is provided in such ordinance may be built upon, with approved building permit, provided that the area or road frontage not complying with the Zoning Code has at least seventy-five percent (75%) of the requirements of the Building District of this Code in which such sublot is located.
(Ord. 87-71. Passed 10- 12-87.)
1121.03 SEVERABILITY.
If any article, section, paragraph, subdivision, clause, phrase or provision of this Zoning Code is adjudged invalid or held unconstitutional, the same shall not affect the validity of this Zoning Code as a whole, or any part or provision thereof, other than the part decided to be invalid or unconstitutional.
(Ord. 65-82. Passed 12-27-65.)
1121.04 APPLICATION.
The provisions of this Zoning Code shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance, or any part thereof, not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Zoning Code is more restrictive than such other ordinances or parts thereof. In all particulars wherein this Zoning Code is not more restrictive, each such other ordinance shall continue and shall be in full force and effect.
(Ord. 65-82. Passed 12-27-65.)
1121.05 AMENDMENTS.
(a) Council may, from time to time, on its own motion, or on petition, or recommendation of the Planning Commission, supplement or change the districts herein established, but no such amendment shall become effective unless the ordinance proposing such amendment or change is first submitted to the Planning Commission who shall have been given a reasonable time, not less than thirty days, for consideration and report. No such ordinance proposing an amendment or change which differs from the reports, or has failed to receive the approval of the Planning Commission shall be passed except by a three-fourths vote of the full membership of Council.
(b) Council may, from time to time, on its own motion, or on petition, or recommendation of the Planning Commission, supplement or change the regulations or building lines herein established, but no such amendment shall become effective unless the ordinance proposing such amendment or change is first submitted to the Planning Commission who shall have been given a reasonable time, not less than thirty days, for consideration and report. No such ordinance proposing an amendment or change which differs from the reports, or has failed to receive the approval of the Planning Commission shall be passed except by a two-thirds vote of the full membership of Council.
(Ord. 71-13. Passed 5-10-71.)
(c) If any area is hereafter transferred to another district, by change in the district boundaries by amendment as above described, the provisions of this Zoning Code with regard to buildings or premises existing at the time of the passage of this Zoning Code (Ordinance 65-82, passed December 27, 1965) shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment. Should however, such building or premises be transferred to a more restricted district, its use may continue as a nonconforming use.
(Ord. 65-82. Passed 12-27-65.)
(d) Anyone who petitions for a change, supplement or amendment to the zoning code or for a change in the zoning classification of any property shall pay the cost of all notices of all public hearings required to be held with respect to such proposed change, supplement or amendment. At the time the petition is first submitted to the Planning Commission, the petitioner shall deposit with the Planning Commission the amount estimated by the Planning Commission as required to pay the costs of such notices. If the actual cost of such notices exceeds the amount deposited by the petitioner, the petitioner shall pay the deficiency upon demand. If the actual cost of such notices is less than the amount deposited by the petitioner, the Planning Commission shall refund the excess.
(Ord. 02-11. Passed 2-11-02.)
1121.06 EFFECTIVE DATE.
Upon its final passage, this Zoning Code (Ordinance 65-82, passed December 27, 1965) shall be in full force and effect at the earliest period allowed by law.
(Ord. 65-82. Passed 12-27-65.)
1121.07 DEFINITIONS.
For the purpose of this Zoning Code, certain terms and words are defined herein. Words used in the present tense include the future and the singular includes the plural and the plural the singular. The words "used for" include the meaning "designed for". The word "structure" includes the word "building" and the word "shall" is mandatory, not directory.
(1) "Accessory use or building" means a subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building. “Accessory buildings” include unattached private garages. (Ord. 02-160. Passed 12-9-02.)
(2) "Alterations", as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.
(3) "Alterations, structural" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.
(4) "Alley" means any roadway or public way dedicated to public use and twenty feet or less in width.
(5) "Court, open" means an open, unoccupied space other than a yard, on the same lot with a building, unobstructed from the lowest level to the highest point of the building.
(6) "Apartment house" (See Multiple-Family Residence).
(7) "Basement" means a portion of a building partly underground, but having less than one-half of its clear floor-to-ceiling height above finished grade. A basement shall not be considered a story for purposes of height measurement.
(8) "Boarding house" means a building, other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons but not exceeding twenty persons.
(9) "Borrow pit" means any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade or surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.
(10) "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
(11) "Building line" means a line defining the area of a lot within which a principal structure may be erected under the provisions of this Zoning Code.
(12) "Carport" means an open attached shelter, one story or less in height, for housing not more than two automobiles.
(13) "Clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment.
(14) "Club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(15) "District" means any section of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
(16) "Family" means any number of individuals living and cooking together on the same premises as a single housekeeping unit, but it shall not include a group of more than five individuals not related by blood or marriage.
(Ord. 65-82. Passed 12-27-65.)
(17) “Driveway” means a private road leading from the street to a building, garage, structure, parking lot or access drive. Driveways shall consist of an all-weather dustless surface constructed of concrete, asphalt, or commercial paver material installed in accordance with the manufacturer’s specifications.
(18) “Driveway Apron” means the area of driveway located within the City’s right- of-way. Driveway aprons shall consist of an all-weather dustless surface constructed of concrete or asphalt a minimum of 6 inches in thickness and in accordance with the City of Amherst Construction Standards.
(Ord. 0-18-26. Passed 7-23-18.)
(19) "Farming" means the use of land for agricultural purposes, including uses for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry conducted on a lot of not less than five acres. The raising of mink shall not be considered farming and shall not be permitted within the use districts of the City.
(Ord. 87-3. Passed 1-12-87.)
(Ord. 87-3. Passed 1-12-87.)
(20) "Garage, private" means a building on the same lot as the main building designed or used for the storage of motor-driven vehicles. Not more than one vehicle so stored may be a commercial vehicle of not more than two-ton capacity. An attached garage or carport is considered a part of the main building and is subject to all yard restrictions. An unattached garage shall not be nearer than five feet from the side or rear lot line, provided the garage is at least ten feet from the main building.
(21) "Garage, sales and service" means a building or a portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, displaying or storing motor-driven vehicles, including work of a major type as defined under "service station".
(22) "Garage, repair" means a building or a part of a building used for the repair of motor-driven vehicles and doing work of a major type as defined under "service station".
(23) "Height of building" means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(24) "Home occupation". (EDITOR'S NOTE: This subsection was repealed by Ordinance 94-60, passed June 27, 1994. See Chapter 1130
for relevent provisions.)
(25) "Lot" means a parcel of land fronting on a public street which is or may be occupied by a building or buildings and accessory buildings or uses including the open spaces required in this Zoning Code. Only one main building and its accessory buildings may be erected on a lot in an R-1 or an R-2 District.
(26) "Lot, corner" means a lot fronting on two or more streets.
(Ord. 65-82. Passed 12-27-65.)
(27) "Lot of record" means a lot which is a part of a subdivision, the plan of which has been recorded in the office of the County Recorder, or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the date of this Zoning Code.
(Ord. 65-82. Passed 12-27-65; Ord. 66-38. Passed 7-11-66.)
(28) "Motor court or motel" means a building or group of buildings, on the same lot containing sleeping accommodations and parking facilities, but having no facilities for cooking.
(29) "Nonconforming use" means any building or land lawfully occupied by a use at the time of the passage of this Zoning Code (Ordinance 65-82, passed December 27, 1965) which does not conform to the use or other regulations of this Zoning Code in the district in which it is situated.
(30) "Nursing home" means a home for the aged, chronically ill or incurable, in which three or more persons not of the same family are received, kept or provided with food, shelter and care for compensation, but such home shall not include hospital, clinic or diagnostic care.
(Ord. 65-82. Passed 12-27-65.)
(31) “Parking space” means an area not less than nine feet wide and not less than nineteen feet long, exclusive of driveways or access drives, permanently reserved for the temporary storage of one motor vehicle. Parking spaces shall consist of an all-weather dustless surface constructed of concrete, asphalt or commercial paver material installed in accordance with the manufacturer’s specifications.
(Ord. 0-18-26. Passed 7-23-18.)
(Ord. 0-18-26. Passed 7-23-18.)
(32) "Public notice" means public notice of hearing of the time and place thereof, published once in a newspaper of general circulation in the Municipality, not less than ten nor more than thirty days prior to the date of such hearing.
(33) "Residence" means any building or portion thereof designed for or used as the residence of one or more persons, but not including a tent, cabin, trailer or trailer coach, mobile home, tree house or a room in a hotel or motel.
(34) "Residence, single-family" means a building designed for or used for residential purposes by one family or housekeeping unit.
(35) "Residence, two-family" means a building designed for or used for residential purposes by two families or housekeeping units.
(36) "Residence, multi-family" means a building designed for or used for residential purposes, by three or more families or housekeeping units.
(37) "Service station" means a building designed to perform services for motor vehicles. It includes underground storage of gasoline and the dispensing of the same through pumps, the storage, servicing and sale of motor lubricants and parts or accessories to motor vehicles and the performing of minor changes and adjustments which do not involve repairs or changes of a major type. Repairs or changes of a major type are defined to be such as: body, fender, clutch, transmission, differential, axle, spring or frame repair, overhauling of engine or motor repair, overhauling of engines requiring the removal of cylinder heads or crank case pan, repairs to radiators requiring the removal thereof, painting and body and fender work other than minor incidental work generally referred to as retouching.
Only one stall is permitted for the washing of cars in a service station.
(39) "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above.
(40) "Street" means a public thoroughfare or right of way which affords the principal means of access to abutting property and is greater than twenty feet in width.
(41) "Trailer" means a vehicle used or intended for use as a conveyance upon the public street or highway and so designed, constructed or added to by means of portable accessories in such a manner as will permit the occupancy thereof as a movable sleeping space.
(42) "Structure" means anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(43) "Structural alteration" means any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the interior walls.
(44) "Trailer park" means a tract or parcel of land open to the public, upon which two or more trailer coaches, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
(45) "Yard" means an open space at grade between the edges of a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. The least width of any yard shall be measured at right angles to the lot line and to the nearest building edge.
(46) "Yard, front" means an open space extending the full width of the lot between the edge of a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
(47) "Yard, rear" means an open space extending the full width of the lot between the edge of a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
(48) "Yard, side" means an open space extending from the front yard to the rear yard between the edge of a building and the nearest lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified.
(49) "Yards, corner lot." On any corner lot, a front yard shall be designated on one of the streets on which the lot abuts. The yard facing the intersecting street shall be known as a side front yard and shall be of a depth not less than one-half that required for the front yard. All other yards on a corner lot shall be side yards.
(Ord. 65-82. Passed 12-27-65.)
(Ord. 65-82. Passed 12-27-65.)
(50) "Zoning Code" means Ordinance 65-82, passed December 27, 1965, as amended and codified herein as Title Five
of Part Eleven - Planning and Zoning Code.
1121.08 ZONING REGULATIONS NOTICE AND HEARING.
Before any ordinance, measure, regulation, or amendments thereto, authorized by
Ohio R.C. 713.07 to 713.11, inclusive, may be submitted as an agenda item to the Building and Lands Committee, the Clerk of Council shall provide notice of a public hearing thereon at least thirty (30) days prior, with notice of the time and place thereof in a newspaper of general circulation in the municipal corporation. lf the ordinance, measure, or regulation intends to re-zone, re-district, or modify the zone or district, then written notice of the hearing shall be mailed by the Clerk of Council, by certified mail, at least twenty (20) days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor's current tax list or the treasurer's mailing list and to such other list or lists that may be specified by Council. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation. During such thirty (30) days, the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure, or regulation and the maps, plans, and reports submitted by the planning commission, board, or officer shall be on file, for public examination, in the office of the Clerk of Council or in such other office as is designated by Council.
(Ord. 22-32. Passed 8-22-22.)