Ashtabula City Zoning Code
TITLE ONE
Zoning Administration
1105.01 DEFINITIONS.
For purposes of this Zoning Code the following words and phrases shall have the following meanings ascribed to them respectively:
Abutting, Adjacent, or Adjoining: Having a common border with or being separated from such a common border by a right-of-way, alley or easement.
Accessory Buildings: A subordinate building, located on the same lot as the main building, the use of which is naturally or normally incidental to that of the dominant use of the main building or land. Except as specifically provided, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, portable containers, shipping containers, and semitractor trailers used for storage (with or without wheels) shall not be used as accessory buildings in any zoning district.
Accessory Living Quarters: An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory Use: A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use. Except as specifically provided, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as accessory uses in any zoning district.
Alley: A way that affords only secondary means of access to property abutting thereon or any public way or thoroughfare more than ten (10) feet, but less than sixteen (16) feet, in width, which has been dedicated to the public for public use.
Alteration: Any change, addition, alteration, or rearrangement in construction or type of occupancy, or change in the structural parts of a building such as walks, windows, partitions, columns, or girders, or the moving from one location or position to another.
Apartment: A room or suite of rooms intended, designed or used as a residence by a single family. (See Dwelling and Family)
Apartment House: A residential building designed or used for three (3) or more dwelling units.
Apparel Stores: Stores selling or accepting for sale clothing at retail.
Automobile Laundry: A building, or portion thereof, containing facilities for washing automobiles and which may include the use of a chain conveyor, blower, steam cleaning device, or other mechanical means.
Automobile Accessory Stores: Stores engaged primarily in the business of selling tires, batteries, seat covers, and other automobile accessories.
Automotive Repair, Major: General repair, rebuilding or reconditioning of motor vehicles, trailers, engines or transmissions; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; and steam cleaning.
Automotive Repair, Minor: Incidental minor repairs, including replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1 ½) tons rated capacity, but not including any operation named under "automobile repair, major". Muffler repair shops are included in this definition.
Automotive Sales, Rental, and Lease: An open area, other than a street, used for the display, sale, rental or lease of new or used motor vehicles or trailers, in operable condition, and where no repair work is done.
Automotive Service Station: A structure and surrounding land used for the storage and sale of petroleum fuel primarily to passenger vehicles and for accessory uses such as the sale and installation of lubricants, accessories, or supplies, the incidental washing of motor vehicles and the performing of tune-ups, tire and brake changing and repair.
Bakeries, Retail: Stores engaged in the sale at retail of bread, cake, cookies, and other similar items including the baking of such items on the premises, but excluding the baking of such items for delivery to wholesale customers or for door-to-door sale or delivery to retail customers.
Banks and Financial Institutions: Commercial banks, savings and loan associations, brokerage offices, and other similar financial institutions, but not including pawnshops.
Basement: A story partly underground and having at least one-half (½) of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes other than for the quarters of a watchman or janitor.
Bed and Breakfast: A dwelling wherein lodging and food is provided by a resident family primarily for transients or those individuals remaining at the dwelling for less than seven consecutive nights as distinguished from a boarding house.
Block: The land adjoin ing one (1) side of a street between two (2) consecutive junctions of said street with street, railway rights-of-way or waterways crossing or meeting the side of the street.
Block Face: A single side of a dedicated street running from street to street including parcels and public right-of-way.
Boarding House: A dwelling containing a single dwelling unit and not more than ten (10) guestrooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one (1) week.
Buffer Strip: A designated area of land between two (2) abutting zoning districts which is landscaped in such a way as to minimize the visual and auditory impact of a higher intensity use from a neighboring, less intensive use.
Building: Any structure used or intended for supporting or sheltering any use or occupancy.
Building Height: The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building or a building located on sloping terrain shall be the maximum height of any segment of the building.
Building Line: The perimeter of that portion of a building or structure nearest the property line, but excluding open steps and ornamental features projecting from the walls of the building or structure.
Building, Principal: The building housing the principal activity performed on a lot.
Candlepower: The amount of light that will illuminate a surface one (1) foot distant from a light source to an intensity of one (1) foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or laminar.
Canopy: Any structure, movable or stationary, attached to and deriving its support from structural members or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements, or a roof- like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
Carport: A permanently sited accessory building or portion of a main building having a roofed space and at least one side open to the weather, and designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building. Except as specifically provided, the use of inflatable garages or storage structures, portable carports or garages that are not permanently anchored into a foundation, portable containers, shipping containers, and semi-tractor trailers used for storage (with or without wheels) shall not be used as accessory buildings in any zoning district.
Cellar: That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than one-half (½) of its height below grade.
Child Day Care Center: A building, structure, place, location, or any combination thereof, and other physical property therewith included, used for the purpose of housing and caring for children and infants unaccompanied by parents that are not of school-age or school-aged children during after school hours, but not providing any overnight accommodations. For the purposes of this definition, home-operated child care centers shall include all children that are residents of the home, as well as any children that are nonresidents when counting the number of children in regular attendance at a home- operated child care center. Residents that have children, but are not taking care of non- resident children in their home, shall be excluded from the definition of home-operated child care centers.
Clinic: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists practicing together.
Club: A building or portion thereof or premises 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.
Community Center: A place where public, cultural, educational and recreational services and activities are offered.
Community Oriented Residential Social Service Facility: A facility, which provides resident services to a group of individuals of whom three (3) or more are unrelated. These individuals are mentally retarded, handicapped, aged, or disabled, are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed, supervised, or under contract by any federal, state, county, or other political subdivision. "Community oriented residential social service facilities" (residential homes) includes, but is not limited to, the following listed categories:
1. Adult Care Facility: An adult family home or an adult group home. For purposes of this section, any residence, facility, institution, hotel, congregate housing project, or similar facility that provides accommodations and supervision to three (3) to sixteen (16) unrelated adults, at least three (3) are provided personal care services, is an adult care facility.
a. Adult Family Home: A residence or facility that provides accommodations to three (3) to five (5) unrelated adults and supervision and personal care services, to at least three (3) of those adults.
b. Adult Group Home: A residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and supervision and personal care services, to at least three (3) of those adults.
2. Residential Facility: A home or facility in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home, county home or district home, or a dwelling in which mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living.
a. Family Home: A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least six (6) but not more than eight (8) mentally retarded or developmentally disabled persons.
b. Group Home: A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine (9) but not more than sixteen (16) mentally retarded or developmentally disabled persons.
c. Foster Family Home: A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than five (5) mentally retarded or developmentally disabled persons. Residential homes for aged would also be included under this category.
3. Social Care Home: A residential home for three (3) to sixteen (16) children or adolescents who lack social maturity or have emotional problems but who have not been judged delinquent. Residency may be permanent or transient.
4. Halfway House: A facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment or supportive services for not more than sixteen (16) individuals on supervised release from the criminal justice system and who have been assigned by a court to a residential home in lieu of placement in a correctional institution; or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
5. Intermediate Care Home: A facility owned and/or operated by an agency or an individual for not more than sixteen (16) children or adolescents who have been so judged delinquent and have been assigned by a court to a residential home in lieu of placement in a correctional institution.
6. Assisted Living Facility: a residence for the elderly that provide rooms, meals, personal care and supervision of self-administered medication. The facility may provide other services such as recreational activities and transportation.
Contiguous: Attached or touching.
Construction Vehicle: Any off-road vehicle designed by the manufacturer to be used in the conduct of construction activity, rather than as a vehicle to be used to casually carry passengers, and is not licensed for use on the public right of way.
Density: The number of dwelling units that may be constructed per acre or per square foot of zoning lot area.
Development: The construction of a new building or other structure on a lot, the relocation of an existing building on another lot, or the use of open land for a new use.
District: Any section of the City of Ashtabula for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the off-street parking and loading requirements, and the intensity of use are uniform.
Driveway: A private road containing a permanently surfaced area, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which it is located.
Drug Paraphernalia Facility: Any business establishment that sells or trades for any value whatsoever; instruments commonly associated with the sale or use of illegal drugs, such as a bong or smoking device.
Dwelling: A building designed, or used as, the living quarters for one or more families. "Dwelling", "single-family dwelling", "two-family dwelling" or "multiple-family dwelling" shall not be deemed to include motel, hotel, or rooming house. A dwelling may include a manufactured home provided it meets all of the following requirements:
1. The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
2. The manufactured home, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least equal to or greater than any minimum dwelling size applicable within the applicable zoning district.
3. The manufactured home has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering.
4. The manufactured home that meets the requirements of the United States Department of Housing and Urban Development.
Dwelling, Single-Family: A building designed exclusively for and occupied by one family; minimum of 1,000 square feet.
Dwelling, Two-Family: A building designed exclusively for or converted for occupancy by two (2) families living independently of each other.
Dwelling, Multiple-Family: A building or portion thereof designed exclusively for or converted for occupancy by three (3) or more families living independently of each other. The dwelling units in a "multiple-family" dwelling are defined as follows:
1. Efficiency Unit: A dwelling unit containing at least 350 square feet of floor area, and consisting of not more than one (1) room in addition to a kitchen, dining room, and necessary sanitary facilities.
2. One Bedroom Unit: A dwelling unit containing a minimum floor area of at least 500 square feet, consisting of not more than two (2) rooms in addition to a kitchen, dining room, and necessary sanitary facilities.
3. Two Bedroom Unit: A dwelling unit containing a minimum floor area of 700 square feet, consisting of not more than three rooms in addition to a kitchen, dining room, and necessary sanitary facilities.
4. Three Bedroom Unit: A dwelling unit wherein, for each room in addition to the three rooms permitted for a two-bedroom unit, there shall be provided an additional area of 200 square feet to the minimum floor area of 700 square feet.
Emergency Facilities: See Hospital.
Erected: Built, constructed, altered, reconstructed, moved on, or any physical operation on the premises which is required for construction. Excavation, fill, drainage, and the like shall be considered a part of erection.
Essential Services: The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by City or other Governmental agencies, underground or overhead gas, electrical, steam or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or City or other governmental agencies or for the public health, safety and morals.
Excavation: Includes any breaking of ground, except common household gardening and ground care.
Family: One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boardinghouse, rooming house or hotel as herein defined.
Fence: A free standing structure of metal, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening, or partition purposes. Fences shall be maintained in a neat and orderly manner and shall not consist of discarded materials or other materials such as corrugated metal, crushed rock, garage doors, and drywall
Financial Institutions: means an establishment which the principal use or purpose of which is the provision of financial services including, but not limited to: banks, accessory facilities for automated teller machines (ATM's) credit unions, savings and loan institutions and mortgage companies.
Fireworks: Any combustible or explosive compositions or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation.
Floor Area Ratio: The floor area ratio of the building or other structure on any lot is determined by dividing the gross floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one (1) building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot.
Floor Area, Gross: The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior of walls or the centerline of walls separating two (2) buildings. In particular, "gross floor area" includes basement space; elevator shafts or stairwells; floor space for mechanical equipment; penthouses, balconies, mezzanines, enclosed porches, attic floor space providing structural head room of seven (7) feet six (6) inches, and open porches, terraces, and breezeways where more than fifty percent (50%) of the perimeter of such terrace, breezeway, or open porch is enclosed.
Floor Area, Useable: For the purposes of computing parking requirements, that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, patients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities shall be excluded from the computation of usable floor area.
Frontage: All the property on one (1) side of a street between two (2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead- ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street.
Garage, Private: An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory, and not storing more than one commercial vehicle or any vehicle which exceeds a two-ton capacity.
Garage, Public: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor- driven vehicles.
Garage, Storage or Parking: A building or portion thereof designed or used exclusively for prearranged term storage, of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor- driven vehicles are equipped, repaired, hired or sold.
Historical Registration:
1. National Register Eligible: A property that meets all criteria for listing in the National Register of Historic Places and is listed as eligible on the Ohio Historic Inventory.
2. National Register Structure or District: A property or area that has been added to the official list of properties significant in American history, architecture, archeology, engineering, or culture for use in local preservation planning efforts.
Home Occupation: Occupation or activity entirely incidental to residential use when carried on by a member of the immediate family residing on the premises and in conformity with the conditions set forth herein.
Home Appearance Standards: These standards are created to ensure the health, safety, and general welfare of the City. They will further the equitable treatment of all housing construction types and provide affordable housing for a larger segment of the City population. Additionally, these regulations will improve the overall appearance of the housing stock and ensure more durable and safer homes for all residents.
1. Appearance and Design Standards for Single Family Housing: Sections H-2 through H-5 inclusive of these definitions shall apply to the location, construction, and maintenance of all single family housing in all districts.
2. Standards: These regulations apply to all single family housing units in all districts including Manufactured Homes, Modular Homes and Site Built Homes.
a. The minimum floor area of the single family dwelling unit shall be at least 1,000 square feet of living area. The garage portion of the structure is not included in the living area total calculation.
b. The minimum width of all single family dwelling units shall be at least twenty (20) feet.
c. All dwelling units shall have a minimum roof overhang of at least twelve (12) inches.
d. All dwelling units shall be double pitched and have a pitch of at least three (3) in twelve (12).
e. All dwelling units shall have roof material that is generally used in residential construction including approved wood, clay, slate, asphalt composition shingles, and fiberglass composition shingles. The materials are applicable to all primary buildings, accessory buildings, garages and carports.
f. Exterior siding of all dwelling units cannot have a high-gloss finish (such as polished metal but not semi-gloss paint) and must be residential in appearance. This including but not limited to clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbon or corrugated metal or plastic panels.
g. The home must be placed on a permanent foundation that complies with the CABO Basic Building Code and be inspected by the Ashtabula City Department of Building Regulations.
h. The hitch, axles and wheels of any manufactured home must be removed.
i. The dwelling unit must be oriented on the lot so that its long axis is parallel with the road right-of-way. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimension of the unit, as so modified and facing the street, is no less than fifty percent (50%) of the unit's long dimension.
j. The lot must be landscaped to ensure compatibility with the surrounding properties.
k. All fuel oil supply systems shall be constructed and installed meeting all applicable building and safety codes. Any fuel supply tanks or bottled gas tanks must be fenced or screened so as not to be clearly visible from the street or abutting properties. All fuel supplies must be located in the side or rear of the lot.
l. Uniformity with Respect to Granting of Variances: The granting of variances from the requirements of these standards with respect to the siting of single-family housing, their design or appearance, shall be uniformly and equitably done, irrespective of the fact that the structure proposed for such siting is a site-build structure, modular or manufactured home.
Home, Manufactured: Any non-self propelled vehicle transportable in one (1) or more sections. When in the traveling mode, is eight (8) feet or more in width or forty (40) body feet or more in length or when erected on site, is three hundred twenty (320) or more square feet. The home is built on a permanent chassis and originally designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Any such structure as defined in the preceding sentences shall be a Manufactured Home for purposes of this definition, whether or not such structure is subject to taxation under Section 4503.06 of the Ohio Revised Code or its successor provisions as a manufactured home, and whether or not such structure is permanently attached to a site and no longer has the potential for mobility, by reason of, but not limited to, lack or surrender of any manufactured home title, physical alteration, such as removal of towing tongue, and/or situation on property owned by the owner of such structure. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows. This dwelling unit shall bear a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (see 24 CFR 3280 for legal definition).
Home, Modular: Factory-built housing certified as meeting the Ohio Building Code as applicable to modular housing. Once certified by the Ashtabula City Department of Building Regulations, modular homes shall be subject to the same standards as site-built homes.
Home, Site Built: Dwelling unit constructed on the lot in accordance to the Ohio Building Code and inspected/ approved by the Ashtabula City Department of Building Regulations.
Hospital: A facility that provides accommodations and continuous services for the sick and injured which may include pediatrics, obstetrical, medical, surgical, psychiatric or extended care.
Hotel: A building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a rooming house or an apartment, which are herein separately defined.
Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
Junk Yard: The use of more than 200 square feet of the area of any lot, whether inside or outside a building, where waste or used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled. Including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles.
Kennel, Commercial: Any lot or premises on which three (3) or more dogs, cats, or other household pets are either permanently or temporarily boarded. The term shall also include any lot or premises where household pets are bred and sold.
Landscaping: The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
Laundromat: An establishment providing washing, drying or ironing machines for hire to be used by customers on the premises.
Loading Space: A space within the main building, or on the same lot therewith; providing for the standing, loading or unloading of trucks and having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
Lot: A parcel of land occupied or intended for occupancy by a use or permitted in this chapter; including one main building together with its accessory buildings and the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection.
Lot, Double Frontage: A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
Lot of Record: A lot which is part of a subdivision, the map 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.
Lot Width: The width of the lot at the front building setback line.
Minimum Building Setback Line: A line between the front and rear lot line and parallel to the street right-of-way line, and at such distance from the street right-of-way line, as required by the minimum front yard depth in the district in which it is situated.
Minimum Living Area: For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches.
Mini-Warehouse: A facility which provides self-storage units of varying sizes only within one (1) or more completely enclosed buildings leased or rented for varying periods of time.
Manufacturing: The assembling, altering, converting, fabricating, finishing, and processing or treatment of a product.
Manufacturing, Light: The assembling, altering, converting, fabricating, finishing, processing or treatment of a product which is conducted wholly within an enclosed building and one which does not emit odors, glare, heat, vibrations, noises or hazardous processes outside of said enclosed building.
Mixed Uses: Two (2) or more permitted uses within the same building or structure.
Motel: A facility with exterior room entrances, offering transient lodging accommodations for a daily rate to the general public and possibly providing additional services such as: restaurants, taverns, meeting rooms and recreational facilities.
Motor Freight Terminal: A building or area in which freight brought by truck is assembled and/or stored for routing in intra-state and interstate shipment by truck or in which semi-trailers, including tractor and /or trailer units, and other trucks are parked or stored.
Mural, Wall: Any pictorial or graphic representation painted on an outside wall, facade, or other surface of a building or structure other than a sign structure, containing thirty-two (32) or more square feet of surface area and not constituting a sign as herein defined.
Nonconforming Building or Structure: A lawfully existing building or other structure containing a lawful residential, business, commercial, institutional or industrial use which does not comply with the applicable lot size requirements, building bulk limitations or off-street parking requirements.
Nonconforming Use: Either a lawfully existing use of part or all of a building or other structure or a lawfully existing use of land not involving a building or structure, which is not allowed by the applicable district regulations of this Zoning Code.
Nursery: A space, building, structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. The term does not include any space, building, or structure used for the sale of fruits, vegetables, or Christmas trees.
Nursery, Day Care: See Child Day Care Center.
Nursing Home: See Community Oriented Residential Social Service Facility.
Office: A building or part of a building where books and records are prepared and kept or which serves as a headquarters of a business or organization, but shall not be used for the sale of any tangible item or service.
Open Space: Any part of a site, including courts and yards, which is open and unobstructed from its lowest level to the sky, and is accessible to all residents on the site. The term does not include parts of a roof or that portion of a building containing dwelling units.
Open Space Development: A subdivision of land which has both individual building sites and common open space areas, such as parks and recreational areas; and is planned, designed, and organized as a unified development capable of providing a variety of residential dwellings.
Open Storefront: A business establishment so developed that service to the patron may be extended beyond the walls of the structure not requiring the patron to enter the structure. The term does not include automobile repair stations or Gasoline service stations.
Parking:
1. Off-Street Parking Lot: A facility providing vehicular parking spaces, along with adequate drives and aisles, off the street and outside the right-of-way line, for maneuvering and providing entrances and exits so as to provide parking for more than two (2) vehicles.
2. Parking Area: An open, unoccupied space used or required for use for the parking of automobiles, exclusively and in which no gasoline or automobile accessories are sold, no other business is conducted and no fees are charged.
3. Parking Lot: An open area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold.
4. Parking Space: A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, exclusive of driveways. It is permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway, which affords satisfactory ingress and egress for automobiles.
Parks: An area opened to the general public and reserved for recreational or scenic purposes.
Patio: A covered or uncovered paved area or deck that adjoins a residential structure, the height of which is less than eight (8) inches above the average level of the adjoining ground.
Place: An open unoccupied space or public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
Place of religious worship: A use or building owned or maintained by religious organizations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
Professional Services: Activities conducted in an office, store or other place of business providing services of a recognized profession such as a real estate agent, attorney at law, accountant, architect, engineer, etc.
Public Utility: Any person, firm, corporation or governmental agency or board, excluding the City, fully authorized to furnish, and furnishing under governmental regulations to the public, electricity, gas, steam, telephone, telegraphy, transportation, sewer, water, television cable or utility companies.
Recreation, Active: The improvement of the land, open to the general public, which provides facilities serving the recreational needs of the community. Active recreation areas may include, but are not limited to public swimming pools, athletic fields, tennis courts, community centers and playgrounds.
Recreation, Commercial: Land or facilities operated as a business and which are open to the general public for a fee that may include, but which are not limited to roller-blade rental, billiard parlors, go-cart tracks, amusement parks, pay to play athletic fields, golf courses or sports stadiums.
Recreation, Non-Commercial: Any land or facility operated by a governmental agency or a non-profit organization which is open to the public or members of the non-profit organization, without a fee, that may include, but is not limited to: picnic areas, bike/hike trails or athletic fields.
Recreation, Passive: The use of unimproved land, in its natural state and open to the general public, which provides for a variety of activities for the outdoor exercise and activity needs of the community. Passive recreation may include, but is not limited to unimproved backpacking trails and hiking trails and primitive campmg areas.
Recreational Vehicles: Travel trailers, pickup trucks with slide-in campers, motorized homes, fold-tent trailers, and boats and boat trailers.
Religious Organizations: Any group that is organized to assemble for worship.
Restaurant: An establishment with table service whose principal business is the selling of unpacked food and beverages to the customer in a ready to consume state, individual servings, or in non-disposable containers.
1. Carry Out: A restaurant or food dispensing facility, where the customer obtains food or beverage at a carry-out window or counter and consumes such food either within a building provided, an authorized accessory parking lot or elsewhere. Stated facilities must dispense over fifteen percent (15%) of its food in carry-out containers. Or a facility which packages food or beverages for off-premises consumption and prohibits such consumption on the premises, including in an accessory parking lot, shall not be considered a carry-out restaurant.
2. Fast Food: An establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers, where service is not provided at the table, directly to the customer in a ready to consume state.
3. Restaurant With Alcoholic Beverages: An establishment offering food and beverages including liquor, beer, and wine for consumption inside a building or portion thereof and:
a. Which is not operated as a dining room in connection with a hotel, motel or private club;
b. Where hot meals are habitually prepared on premises, sold and served as the principal business of the establishment and in which the floor area devoted to the sale of alcoholic beverages does not exceed twenty percent (20%) of gross floor area;
c. Where alcoholic beverages are normally sold or served to complement meals or while awaiting meal service;
d. Such meaning excludes drugstores, confectionery stores, lunch stands and nightclubs.
Rehabilitation: To bring to current standard code.
Religious, Cultural and Fraternal Activities: A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes or the purpose for which persons regularly assemble for worship.
Restoration: The act of bringing back the property to a former condition or a constructive activity in keeping with the style of architecture of the structure.
Retail Sales: The sale of goods, merchandise, and commodities for consumption or use by the purchaser.
Right of Way: Land which is reserved, used or designated by the City of Ashtabula for future use which may include but shall not be limited to: utility easements, quasi-public easements, easements, streets, walkways or bikeways, drainage, utilities, etc.
Screening: Solid walls, solid fences, and/or dense living hedges for the purpose of concealing from view the area behind such structures or evergreen vegetation. When fencing is used for screening, it shall be not less than six (6) feet or more than eight (8) feet in height.
Setback Line: Where a front or side yard is required along a street, the setback line shall be the minimum horizontal distance between the right-of-way line of the street and a line parallel to the right-of-way line of the street from which any required yard shall be measured.
Sign: See Sign Regulations Chapter 1154.
Stadium: Any land use deemed to meet the unique requirements of a public facility requiring nighttime visibility.
Stadium Light: Any luminaries, or group of luminaries, which is designed to illuminate the playing surface of a stadium facility.
Story: That portion of a building, other than a cellar or basement (see basement) included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, Half: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
Street: An improved public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, thoroughfare or other similar term, except alley.
Street Line: A dividing line between a lot, tract or parcel of land and a contiguous street.
Structure: Anything constructed or erected, the use of which something having a permanent location on the ground, including, but without limiting, the generality of the foregoing to advertising signs, billboards and backstops for tennis courts.
Structural Alterations: Any changes in the supporting members of a structure, such as bearing walls, columns, beams or girders, other than a change in doors or windows or a minor alteration which affects primarily the appearance and not the life of the structure.
Swimming Pool: A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool of more than hirty (30) inches in depth, designed, used and maintained for swimming and bathing.
Tavern: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
Thoroughfare Plan: The Official Thoroughfare Plan of, and as adopted by, the City of Ashtabula Planning Commission, establishing the location and official right-of-way widths of principal highways and streets in the City, together with all amendments thereto subsequently adopted.
Use: Any purpose for which a building, structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building, structure or on a tract of land.
Variance: A grant of relief from the requirements of this Zoning Code which permits construction in a manner that would otherwise be prohibited by this Zoning Code.
Wall: A masonry structure intended to act as an enclosure, barrier or divider along a property line.
Wholesale: An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Yard: An open space between a building, or between the portion of the lot which is used for storage or servicing purposes and the adjoining lot lines which is unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, and measured as the minimum horizontal distance between the lot line and the main building.
Yard, Required Front: A yard extending across the front of a lot between the side yard lines and measured between the street or place line and the main building, or any projections thereof other than the uncovered porches. The front yard shall be considered as parallel to the street upon which the lot has its least dimensions. No solid fence, structure or planting higher than three feet in height or which will obstruct any view shall be permitted in the first fifteen (15) feet adjacent to the street lot line of the required front yard.
Yard, Required Rear: A yard extending across the rear of a lot between the side lot lines and measured from the rear lot line the required distance toward the main building. Accessory buildings constructed in the required rear yard shall maintain a distance of five (5) feet from the rear lot lines and the side lot lines.
Yard, Required Side: A yard between the main building and the sideline of the lot and extending from the front lot line to the required rear yard.
Zero, Lot Line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot-line. If the building is intended to be owned by two (2) separate owners on both sides of the shared wall as in the case of a two-family dwelling with each dwelling having separate ownership.
Zoning Code: Ordinances 5122 and 5123, passed December 4, 1961 and as amended, which are codified as Titles One to Seven of this Part Eleven - Planning and Zoning Code.
(Ord. 2024-86. Passed 7-15-24.)
1105.02 INTERPRETATION AND APPLICATION.
In their interpretation and application, the provisions of this Zoning Code shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, abrogate or annul any easements, covenants or other agreement between parties. However, where height of a building, or requires larger spaces or more parking spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this Zoning Code shall govern. (1980 Code 153.02)
CITY OF ASHTABULA
1107.01 COMPLIANCE WITH USE REGULATIONS.
Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for a use permitted in the district in which the building or land is located.
(2004 Code)
1107.02 COMPLIANCE WITH HEIGHT REGULATIONS.
Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building or land is located.
(2004 Code)
1107.03 COMPLIANCE WITH YARD AND AREA REGULATIONS.
Except as hereinafter provided, no building shall be erected, converted, enlarged, reconstructed or structurally altered and no land shall be used except in conformity with the yard and lot area regulations of the district in which the building or land is located.
(2004 Code)
1107.04 COMPLIANCE WITH OFF-STREET PARKING REGULATIONS.
Except as hereinafter provided, no building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which the building or land is located.
(2004 Code)
1107.05 ENCROACHMENT OF YARDS, PARKING AND OPEN SPACES.
The minimum yards, parking spaces and open spaces, including lot area per family, required by this Zoning Code for each and every building existing at the time of passage of this Zoning Code or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Zoning Code for the district in which the lot is located.
(1980 Code 153.07)
1107.06 COMPLIANCE WITH LOT REGULATIONS.
1107.07 NON-COMPLIANCE.
Any use shall continuously conform to all the criteria set forth for the district in which the building or land is located and in the conditions of the use permit. Any use which fails to conform to any of these criteria or conditions shall immediately cease and all permits and licenses issued by the City of Ashtabula shall immediately be considered null and void.
(2004 Code)
CITY OF ASHTABULA
1109.01 ENFORCEMENT.
It shall be the duty of the City Manager to enforce this Zoning Code.
(1980 Code 153.09)
1109.02 BUILDING PERMITS.
No building or structure within the City shall hereafter be erected, moved, repaired, altered or razed, nor shall any work be started on such building until a building permit shall have been obtained therefor from the City Engineer. No permit shall be issued unless the building conforms in every respect with the provisions of this Zoning Code and any amendments thereto hereafter enacted.
(1980 Code 153.10)
1109.03 CERTIFICATES OF OCCUPANCY.
(a) Required. No vacant land shall be occupied or used, except for agriculture, and no building hereafter erected or structurally altered shall be occupied or used, until a certificate of occupancy shall have been issued by the City Manager.
(b) For Buildings. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit. The certificate shall be issued within three days after the request for same shall have been made in writing to the City Manager after the erection or alteration of the building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the City Manager, for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Zoning Code and the temporary certificate shall not be issued except under such restrictions and provisions as shall adequately insure the safety of the occupants.
(c) For Land. A certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided the use is in conformity with the provisions of these regulations.
(d) Contents, Records; No Fee. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Manager, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.
(e) Excavations. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.
(1980 Code 153.11)
1109.04 PLAT TO ACCOMPANY BUILDING PERMIT APPLICATION.
All applications for building permits, unless otherwise specified by the Building Department, shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of buildings and lot and such other information as may be necessary to provide for the enforcement of these regulations. The plat shall be prepared after the lot has been staked by a professional surveyor licensed in the State Of Ohio. A careful record of the original copy of the applications and plats shall be kept in the office of the City Engineer and the duplicate copy shall be kept at the building at all times during construction. (2004 Code)
1109.05 PROCEDURE.
Council may, from time to time and on its own motion or on petition, after report by the Planning Commission (“the Commission”) and after hearing and public notice of such hearing given by one publication in the official newspaper at least 30 days before the time of hearing, amend, supplement or change the regulations and districts herein or subsequently established. Whenever the owners of all the property proposed to be changed shall present to Council a petition, duly signed and acknowledged by them, requesting any such amendment, supplement or change of the regulations prescribed for such district or part thereof, Council shall act upon such petition within ninety days after the filing thereof. In case, however, the proposed amendment, supplement or change is disapproved by the Commission or a protest against a change is presented, duly signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, the amendment shall not become effective except by a favorable vote of three-fourths of all members of Council.
(2004 Code)
1109.06 FEE TO ACCOMPANY PETITION.
A petition for a change in the regulations of districts herein or subsequently established shall be accompanied by the payment of a fee of one hundred dollars ($100.00) to cover the cost of advertising and other costs incidental to the hearing.
(Ord. 11586. Passed 4-17-89.)
1109.07 MAIL NOTICE.
At least ten days before any public hearing is convened and held by City Council on any proposed change in the Zoning Regulations, notice of the proposed change and the date and time City Council intends to convene said public hearing to all owners entitled to protest under Section 1109.05 shall be by mail, or, in the alternative, once by publication in a newspaper having a general circulation in the City.
(Ord. 2004-45. Passed 6-7-04.)
1109.08 CITATIONS.
The Building Inspector is authorized and directed to issue citations requiring the cited individual to appear before the Municipal Court for the purpose of entering a plea of guilty, not guilty or no contest to the criminal charge of violating specific sections of the City Zoning Code.
(Ord. 1991-204. Passed 8-12-91.)
1109.09 STOP WORK ORDERS.
(a) Any code enforcement officer, zoning inspector, or other person designated by the City Manager to enforce the zoning regulations of the City of Ashtabula who observes a violation of the Planning and Zoning Code of the City of Ashtabula in the construction, reconstruction, improvement, enlargement, repair, alteration or demolition of a structure in the City, shall issue a written order to stop such work forthwith. Any code enforcement officer, zoning inspector, or other person designated by the City Manager to enforce the zoning regulations of the City of Ashtabula shall issue a written order to stop work in the Harbor Historic District (H1) upon request of the Historic District Architectural Restoration Review Board if said Board finds there is probable cause to believe the work is not in compliance with the requirements of Chapter 1137
of the Codified Ordinances.
(1) A stop work order shall be effective upon delivery to the contractor involved in the activity, the owner of the property, or any adult occupant of the property if the same is not owner-occupied; or upon posting the same in a prominent and visible location at or near the front or main entrance of the structure.
(2) Every stop work order issued under this Section shall also contain an order to restore the premises to their previous condition or to resume work after taking all actions necessary for compliance with the Planning and Zoning Code. The order shall specify a reasonable time for restoration or for compliance and resumption of work.
(b) The owner of any property subject to a stop work order issued under this Section may file an appeal to the Administrative Board pursuant to Section 1111.03
of the Codified Ordinances within ten (10) calendar days of delivery or posting of such order. If the 10th day falls upon a Saturday, Sunday or federal holiday the time for filing shall be extended to the next regular business day. An appeal shall not stay the stop work order, but shall extend the time for compliance with Section 1109.09
(a)(2).
(1) If an appeal of a stop work order pertains to a structure located in the H1 District, a copy of the appeal shall be forwarded by the owner to the Architectural Restoration Review Board within three (3) business days of filing.
(c) Notwithstanding Section 1109.99
of this Chapter, any person who knowingly fails to comply with any of the terms of a stop work order issued under this Section, including the terms required by Section 1109.09
(a)(2), is guilty of misdemeanor of the 4th degree. Each day of non-compliance shall constitute a separate offense. In addition to the criminal penalties otherwise imposed, the City of Ashtabula shall be entitled to receive as restitution in such case the award of administrative costs of enforcement in the amount of $75.00, or the actual cost of time and materials expended in such enforcement, whichever is greater.
(Ord. 2011-123. Passed 7-18-11.)
1109.99 PENALTY.
(a) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Zoning Code shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or imprisoned for not to exceed one month, or both for each offense.
(b) Whoever willfully and negligently violates any of the rules and regulations prescribed in Chapter 1157 or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). Each willful and negligent violation shall constitute a separate offense. The sum may be recovered with costs, in a civil action brought in the Court of Common Pleas of Ashtabula County by the legal representative of the City in the name of the City.
(1980 Code 153.99; Ord 153.999; Ord. 8364)
CITY OF ASHTABULA
1111.01 ESTABLISHMENT, COMPOSITION, TERMS, VACANCIES AND RULES.
(a) An Administrative Board is established (“Board”). The Board shall consist of seven members who shall be residents of the City, appointed by the City Manager and approved by Council. The members shall be at least twenty-one years of age and shall serve without compensation. At least two members of the Board shall be members of the Planning Commission. The term of office of the members of the Board shall be for five years, excepting that the seven members first appointed shall serve respectively for terms of one for one year, two for two years, two for three years, one for four years and one for five years. Thereafter, members shall be appointed for terms of five years each, in the same manner as originally appointed. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. The appointing authority shall, after public hearing, have the power to remove any member of the Board for inefficiency, neglect of duty or malfeasance.
(b) The Administrative Board shall elect from its membership its own Chairman and Vice-Chairman, who shall serve for one year. The Administrative Board shall elect from its membership it own Secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.
(Ord. 2004-104. Passed 10-18-04.)
1111.02 MEETINGS; RECORDS; AND ATTENDANCE.
Meetings of the Administrative Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in the absence of the Chairperson, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question. In the event a member fails to vote or is absent, the Board shall insure a member’s failure to vote or a member’s absence is part of the Board’s record. In addition, the Board shall keep as part of its record all examinations and other official actions. The Board’s official record shall be immediately filed in the office of the Board and shall be a public record. Each member of the Board shall be permitted three unexcused absences. In the event a member has more than three unexcused absences, the Board shall review said member’s status for the purpose of making a decision to recommend to the City Manager that said member should be removed. In the event the Board recommends to the City Manager that said member should be removed for said unexcused absences and the City Manager concurs with the Board’s recommendation, the City Manager shall, subject to City Council’s approval, remove said member from the Board.
(Ord. 2005-115. Passed 12-19-05.)
1111.03 APPEALS; FEE.
(a) Appeals to the Administrative Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the City Engineer. The appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rules, by filing with the City Manager and with the Board a notice of appeal specifying the grounds thereof. The City Engineer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
(b) An appeal stays all proceedings in furtherance of action appealed from, unless the City Manager certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the City Manager and on due cause shown.
(c) The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear at the hearing in person or by agent or attorney.
(1980 Code 153.22)
(d) A fee of twenty-five dollars ($25.00) shall be paid to the City Manager at the time the notice of appeal is filed, which fee shall be paid into the City Treasury for the purpose of defraying the costs of advertising, investigating and hearing the appeal.
(Ord. 10277. Passed 11-4-85.)
1111.04 POWERS AND DUTIES.
The Administrative Board shall have the following powers and duties:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the City Engineer in the enforcement of this Zoning Code.
(b) To interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this Zoning Code, where the street layout actually on the ground varies from the street layout as shown on the map.
(c) To determine whether an industry should be permitted within the M Industrial Districts because of the methods by which it would be operated and the minimizing of dust, odor, gas, smoke or noise.
(d) To authorize, upon appeal, whenever a property owner can clearly show that, due to peculiar, unusual conditions applicable to his property and not to surrounding property generally the strict application of the terms of this Zoning Code results in unusual practical difficulties and particular hardship, such variation in the terms of this chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied that the variation is necessary to alleviate the unusual hardship and does not merely serve as a convenience to the applicant.
(e) To permit, upon appeal, the following exceptions:
(1) The extension of a district where the boundary line of a district divides a lot in single ownership at the time of the adoption of this Zoning Code.
(2) The reconstruction of a nonconforming building which has been destroyed or partially destroyed, by fire or act of God, by more than seventy-five percent (75%) where the Board shall find some compelling public necessity requiring a continuance of the nonconforming use.
(3) The erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare.
(4) Variation of the parking and loading requirements of this Zoning Code whenever it is clearly demonstrated that the provision of the full parking or loading facilities is unnecessary in any district or where such a requirement would impose an unreasonable hardship upon the use of the lots, as contrasted with merely granting an advantage or a convenience.
(5) A temporary building used in conjunction with construction work, but only for the period, not exceeding one year unless the permit is renewed, during which the construction is in progress, provided that any such temporary building shall be removed on completion of the construction work.
(1980 Code 153.23)
1111.05 DECISIONS OF BOARD.
(a) The concurring vote of four members of the Administrative Board shall be necessary to reverse any order, requirement, decision or determination of the City Manager, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code, or to effect any variation in this Zoning Code.
(b) In exercising the above mentioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the City Engineer.
(1980 Code 153.24)
CITY OF ASHTABULA