Archbold City Zoning Code
INTERPRETATIONS
§ 152.001 SHORT TITLE.
This chapter shall be known and cited as the Archbold Zoning Code (Code), as amended.
(Ord. 2022-25, passed 3-21-2022)
§ 152.002 INTENT AND PURPOSE.
This chapter is for the purposes of promoting the public health, safety, comfort, and general welfare; and, to encourage orderly and efficient land use within Archbold where current and future utilities and public services are located consistent with the Comprehensive Plan.
(Ord. 2022-25, passed 3-21-2022)
§ 152.003
(A) The regulations set forth by this chapter shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.
(B) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located except as provided for in § 152.060, Nonconforming Uses.
(C) Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this Code.
(Ord. 2022-25, passed 3-21-2022)
§ 152.004 INTERPRETATION AND CONFLICT.
Provisions of this Code are declared to be the minimum requirements. The provisions of this Code, in their interpretation and application are adopted for the protection of the public health, safety, and general welfare.
(B) Highest standard or requirement applies. Where a provision of this Code varies from another in this Code, the most restrictive requirement or regulation shall govern. The Zoning Inspector shall determine which Code provision sets the highest standard.
(C) Requirements versus guidelines. The use of the word "shall," "must," "required," or similar directive terms, mean provisions of this Code are mandatory. The use of the word "should," "encouraged," "may," or similar terms, mean the provisions are recommended.
(D) Interpretation by Zoning Inspector. Words, uses and technical standards shall comply with § 152.170, Definitions.
(E) Resolution of conflict. Where a code interpretation may have significant policy implications, the Zoning Inspector may refer the request directly to the Board of Zoning Appeals for review and interpretation.
(1) A copy of the Board's interpretation shall be transmitted to the Planning Commission and Council.
(2) Interpretations on file. Archbold shall keep on file, in the Zoning Inspector's office, a record of all code interpretations which shall become the official interpretation until such time as the zoning code is amended.
(Ord. 2022-25, passed 3-21-2022)
§ 152.005 RELATIONSHIP TO THE COMPREHENSIVE PLAN.
This Code implements the Archbold Comprehensive Plan. Except as otherwise required by applicable state or federal law, all provisions of this Code shall be construed as in conformity with the Comprehensive Plan, including any Comprehensive Plan elements, public facility master plans, thoroughfare plans, future annexations and other future plans as amended
(Ord. 2022-25, passed 3-21-2022)
§ 152.006 AMENDMENT TO ZONING PROVISIONS.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Council may, by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement, or change the regulations, district boundaries or classification of property, now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.
(Ord. 2022-25, passed 3-21-2022)
§ 152.007 TRANSITIONAL RULES.
(A) Continuation of permits and approvals. Any approval or permit issued for a building, development or use or property prior to the effective date of this Zoning Code, shall continue to be valid according to the terms of the ordinance(s) under which such approval or permit was granted.
(1) If such building, development or use of property has not been completed, it may be completed in conformance with the issued permit and other applicable permits and conditions.
(2) If such building, development or use of property has not been started or substantially completed at the time that the issued permit expires it shall become invalid.
(B) Pending applications.
(1) Any type of land development application which has been officially filed and accepted as complete with the Zoning Inspector prior to the effective date of this chapter or any amendment thereto, may continue to be processed under the zoning rules and regulations in effect at the time the application was submitted.
(2) The application approval process for such applications must be completed within one year of the filing date.
(C) If the application approval process is not completed within one year, the specified time may be extended by the Board of Zoning Appeals for just cause or due to delays in approvals due to external agencies; the municipality or unforeseen disasters.
(Ord. 2022-25, passed 3-21-2022)
§ 152.008 SEVERABILITY.
If any section or specific provision of this chapter, or any regulating district boundary established herein, is found by a court of competent jurisdiction to be unconstitutional, invalid, or otherwise unenforceable for any reason, such decision shall not affect the validity or enforceability of the chapter as a whole, or any part thereof, other than the part so declared to be unconstitutional, invalid, or otherwise unenforceable. All other sections and provisions within this Code shall not be affected.
(Ord. 2022-25, passed 3-21-2022)