Ashville City Zoning Code
TITLE ONE
Planning and Zoning Administration
1105.01 TITLE.
This Zoning Ordinance shall be known and may be cited as the "Planning and Zoning Code of the Village of Ashville, Ohio." Unless otherwise provided herein or by the law or implication thereof, the same rules of construction, definition, and application shall govern the interpretation of this Ordinance as those governing the interpretation of the Ohio Revised Code.
1105.02 PURPOSE.
This Ordinance is enacted for the general purpose of promoting and protecting the public health, safety, comfort, prosperity and general welfare of the residents of Ashville by regulating and limiting the subdivision and use of land areas, and the erection and/or alteration of buildings. In addition, it is the intent of these regulations to:
(a) Protect the property rights of all individuals by assuring the compatibility of uses and practices within districts;
(b) Facilitate the adequate, economic and efficient provision of public utilities and public services;
(c) Provide for safe and convenient traffic circulation, and lessen congestion on public streets, roads and highways;
(d) Protect the character of existing areas and provide for the orderly development of lands hereafter within the Village;
(e) Provide for sufficient land for future provision of open spaces for schools, recreation and other public purposes;
(f) Obtain accurate surveying of land;
(g) Provide for the administration and enforcement of this Ordinance, including the provision of penalties for its violation and any other purpose provided in this Ordinance, the Ohio Revised Code, or under common law rulings.
1105.03 INTERPRETATION.
The provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of public health, safety, and the general welfare. It is not intended that this Ordinance shall abrogate, annul or interfere with any easements, covenants, or other agreements between parties, unless they violate this Ordinance. When a provision of this Ordinance conflicts with any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards, shall apply.
1105.04 APPLICABILITY.
The regulations set forth in this Ordinance shall be applicable to all buildings, structures, uses and lands owned or controlled by any individual, organization, political subdivision, district, taxing unit or bond-issuing authority located within the corporate limits of the Village of Ashville, and any additional lands over which the Village may have future zoning or subdivision jurisdiction.
1105.05 SEPARABILITY.
The invalidation of any clause, sentence, paragraph, or section of this Ordinance by a court of competent jurisdiction shall not affect the validity of the remainder of this Ordinance either in whole or in part.
1107.01 INTERPRETATION.
For the purpose of this Ordinance, certain terms and words are to be defined as found in this chapter. Words and terms not specifically defined carry their customarily understood meanings. Words used in the present tense include the future tense. The singular form shall include plural and plural shall include singular. The word "shall" is intended to be mandatory. "Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied".
Terms related to specific chapters or sections may be defined within the specific portions of the Ordinance where those general requirements are found.
1107.02 DEFINITIONS.
"Accessory use" means a use subordinate, secondary, incidental to, and customary in connection with the principal building or use and located on the same lot as the principal building or use.
"Accessory building" or "accessory structure" means a building or structure occupied by an accessory use.
"Administrative and business offices" means offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.
"Agriculture" means the same as stated in Section 519.01 of the Ohio Revised Code, as may be amended, to include farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
(Ord. 2000-14. Passed 7-24-00.)
"Alley" means a public right-of-way ten (10) to twenty (20) feet wide which provides only secondary means of access to abutting property.
“Average Daily Traffic” or “ADT” means the average number of motor vehicles per day that pass over a given point in street or thoroughfare.
"Basement" means a story whose floor level, two (2) feet or more below grade level, but having less than half its clear height above grade level.
“Block” means the property abutting one side of a street, and lying between two consecutive intersecting streets.
“Board” or “Planning and Zoning Board” means the Planning and Zoning Board established in Chapter 1109.
"Building" means a structure permanently affixed to the land with one (1) or more floors and a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property.
"Height of building" means the vertical distance from the average grade surrounding the building to the highest point of the roof.
"Building line" means the front yard setback line established by this Ordinance, generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located.
"Business services" means any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
"Cemetery" means land used or intended to be used for the burial of human dead.
"Certificate of Zoning Compliance” means a certificate issued by the Zoning Inspector, pursuant to Section 1111.08 of this Ordinance, confirming that the zoning requirements of this Ordinance have been met, and the building can be occupied.
"Clinic, Human" means an establishment where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.
"Conditional use" means an uncommon or infrequent use which may be permitted in specific zoning districts subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in Chapter 1119 of this Ordinance.
"Congregate or group home" means a residential care facility in which not less than nine (9) but not more than sixteen (16) persons are provided with room, board, specialized care, rehabilitative services and supervision in a family environment.
“Cul-de-sac” (see "Street").
"Development Plan" means a site plan for a property and the physical development that is proposed on such site, as specified in Section 1131.02 of this Ordinance.
(Ord. 2000-14. Passed 7-24-00.)
"Drive-through facility" means traffic lanes, drive-up windows and/or other physical accruements located on a business site which enable that business to provide goods or services to customers without such customers leaving his/her automobile.
(Ord. 2000-14. Passed 7-24-00.)
"Driveway" means a private road giving access from a public way to a detached single family dwelling on abutting ground or to a group of multi-family or commercial buildings.
"Dwelling" or "residence" means any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
"Multiple-family dwelling" or "multiple-family residence" means a building designed or used as a residence for three or more families living independently and doing their own cooking therein.
"Single family dwelling" or "single family residence" means a building designed for or occupied exclusively by one family.
"Two-family dwelling" or "two-family residence" means a building designed for or occupied exclusively by two families living independently.
"Easement" means a right or privilege of use of land, as distinct from fee simple ownership.
"Essential Services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings.
"Failure of delivery" means that a particular notice was not received, due to circumstances beyond the control of the Village, and does not include the lack of mailing of the subject notices in the matter specified in the Ordinance.
"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of nominally dry land areas from (1) the overflow of inland or tidal waters and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
(Ord. 2000-14. Passed 7-24-00.)
"Flood plain" means an area, as determined by the applicable Flood Insurance Rate Maps as subject to flood or flooding.
(Ord. 2000-14. Passed 7-24-00.)
"Flood Insurance Rate Map (FIRM)" means an official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazards within the Village of Ashville. (Ord. 2000-14. Passed 7-24-00.)
"Floor area" of a building means the sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. Floor area shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.
"Frontage" or "lot frontage" means that portion of the lot that directly abuts the street, and has direct access thereto. Lot frontage shall be measured along the minimum building setback line for the district within which such lot is located.
"Garage, private" means a building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.
"Home occupation" means any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling's residential use. A home occupation must meet the standards and requirements specified in Section 1175.02 of this Ordinance.
"Hospital" means a building or structure containing beds for at least four (4) patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
"Hotel" or "motel" means a building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding house or lodging house operated on a membership basis.
"Improvements" means any addition to the natural state of land which increases its value or utility, including buildings, street pavements, sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, landscaping, street lighting, street trees, public utilities, paved parking areas and other appropriate items.
A. “Site improvements” means the improvements made to the land outside the exterior limits of a structure or structures.
B. "Public improvements" means all improvements financed entirely or in part by public funds or which have been dedicated to public use by plat, easement or deed of transfer.
"Industrialized unit" means a building unit or assembly of closed construction that is fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, that requires transportation to the site of intended use. "Industrialized unit" includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. "Industrialized unit" does not include a manufactured or mobile home as defined herein.
(Ord. 2000-14. Passed 7-24-00.)
"Institution" means an organization providing social, cultural, educational or health services to member agencies, organizations, and individuals, or to the general public.
"Loading space" is a space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.
"Lot" means a division of land separated from other divisions for purposes of sale, lease, or separate use, described on recorded subdivision plat, recorded map or by metes and bounds, and includes the terms "plat" and “parcel”.
"Corner lot" means any lot at the junction of and abutting on two (2) or more intersecting streets, where the angle of intersection is not more than 135 degrees.
"Lot coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
"Rear lot line" means that lot line which is opposite and furthest removed from the front lot line. In the case of a lot where the side lot lines meet at the rear of the lot (i.e., a triangular lot), the rear lot line shall be considered to be the point of intersection of the side lot lines. In the case of a corner lot, the rear lot line is opposite and furthest removed from the lot line considered to be the front lot line for purposes of computing the front yard depth.
"Side lot line" means the lot line running from the front lot line to the rear lot line. This line is also the line dividing two (2) interior lots.
"Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder, Pickaway County, Ohio, as of the effective date of this Ordinance.
"Minimum area of lot" means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
"Lot width" is the width of a lot at the building setback line measured at right angles to its depth.
"Manufactured home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, that conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
(Ord. 2000-14. Passed 7-24-00.)
"Manufactured home community" or "manufactured home park" means a development constructed primarily for manufactured homes, with continuing local management and special facilities for common use by residents. Typically, the land or lots upon which the manufactured homes are located will not be owned by the resident of the individual manufactured home.
(Ord. 2000-14. Passed 7-24-00.)
"Manufacturing" means any production or industrial process, including food processing, which combines one (1) or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse, or water-carried wastes.
"Mobile home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) feet in length, or, when erected on the site, is 320 or more square feet, that is built on a permanent chassis and is transportable in one or more sections, and does not qualify as a manufactured home or industrialized unit, as defined herein.
(Ord. 2000-14. Passed 7-24-00.)
"Modular home" means a non-site-built home that is certified as meeting the requirements of the State of Ohio Building Code for modular housing. For the purposes of this Ordinance, once certified by the State of Ohio, modular homes shall be subject to the same standards as site-built homes. (Ord. 2000-14. Passed 7-24-00.)
"Nonconforming use" means the use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this Zoning Ordinance.
"Nursery" or "Day care center" means a facility which temporarily assumes responsibility for more than six (6) children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a twenty-four hour day for a period of two (2) consecutive days.
"Nursing home" includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.
"Open space" means that part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.
"Parking space (off-street)" means any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space conforms to the standards as specified in Chapter 1169 of this Ordinance.
"Parking area" or "parking lot" means any area other than street, drive, or alley, used or intended to be used for the storage of motor vehicles, with or without a fee.
"Permanent foundation" means a permanent masonry, concrete or locally approved footing or foundation, to which a manufactured home may be affixed.
(Ord. 2000-14. Passed 7-24-00.)
"Permanently sited manufactured home" means a manufactured home that meets all of the following criteria:
(1) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(2) The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, and a length of at least twenty-two (22) feet at one point, and a living area of at least 900 square feet, excluding garages, porches, or attachments;
(3) The structure has a minimum 3:12 roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
(4) The structure was manufactured after January 1, 1995;
(5) The structure is not located in a manufactured home community or manufactured home park as defined herein.
(Ord. 2000-14. Passed 7-24-00.)
"Person" means any individual, corporation, company, business, partnership, association or legal entity.
"Personal services" means any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.
"Plan" means a drawing showing the proportion and relation of parts of improvements to each other and their surroundings.
"Construction plan" means a plan which gives information required to construct improvements including plan views, sections, profiles, details, quantities, reference specifications and standard drawings.
"Plat" means a plan of a tract or parcel of land made by a surveyor registered in the State of Ohio showing public dedications, property lines, lot lines and such other information as is required herein.
"Professional office" means the business office of a person or persons engaged in providing to the general public services of a professional nature such as legal, medical, accounting, and architectural services.
"Recreational facilities" means public or privately-operated uses such as country clubs, golf courses, swimming pools, or other areas maintained for the purpose of providing active and passive recreation.
"Residence" - see "Dwelling".
"Restaurant" means a business establishment where food and beverages are prepared and presented for human consumption on the premises.
"Retail stores" means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
"Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges.
"Sidewalk" means a paved portion of a street lying outside the curb lines or edge of pavement of a roadway, intended for pedestrian use.
"Similar use" means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to the classification, according to the procedures and requirements of Section 1131.02 of this Ordinance.
"Street" means the full width of the right-of-way between two (2) property lines, both paved and unpaved, intended to provide principal means of access to an abutting property. Streets shall be classified as follows:
(a) “Arterial Street” means a street connecting Ashville with outside activity centers and serving as the primary routes through and within the Village. Arterial streets carry the largest volume of traffic - over 5,000 vehicles per day ADT - usually on a continuous route. Service to the adjacent land is subordinate to the provision of travel service on arterial streets.
(b) "Collector Street (Major)" means a thoroughfare which carries vehicular traffic from local streets to arterial streets, and is designed to accommodate 1,000 - 5,000 vehicles per day ADT.
(c) "Collector Street (Minor)" means a thoroughfare which primarily carries vehicular traffic from local streets to major collector and arterial streets, and is designed to accomodate 500 - 1,000 vehicles per day ADT.
(d) "Cul-de-sac" means a short local street having but one end open for motor traffic and the other end terminated by a vehicular turn-around or back-around.
(e) “Local Street” means a street on which the majority of the traffic originates or terminates in the abutting properties. These streets are designed to accommodate up to 500 vehicles per day ADT at low speeds.
(f) "Private Street" means a strip of privately-owned land providing access to abutting properties.
(g) “Public Street” means a strip of land providing public access to abutting property, as dedicated to the Village or Pickaway County upon a plat which has been duly approved, filed and recorded in the Pickaway County Recorder's Office.
(h) "Service road" or "access road" means a minor street parallel to a thoroughfare to afford abutting property owners access to the thoroughfare at limited points.
"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including among other things walls, buildings, and patios. "Structure" does not include fences, but shall include mobile or manufactured structures. (Ord. 2000-14. Passed 7-24-00.)
"Structural alteration" means any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams, or girders.
"Subdivision" means:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and where the lots resulting are not reduced below minimum sizes required by law, shall be exempted; or
(b) The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
“Survey” means the legal description of a property, with text and map, that precisely locates the property by referencing permanent monuments, markers and/or pins.
“Thoroughfare Plan” means the document now or hereafter adopted, which may be considered a component of the Ashville Comprehensive Land Use Plan, which sets forth the location, alignment and/or classification of existing and proposed streets.
"Use" means the purpose for which a building or land is arranged, designed, or intended, or for which such land or building may be occupied or maintained.
"Variance" means a modification from the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of action by the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
“Village” means the Village of Ashville, Ohio.
“Village Engineer” means the Professional Engineer who is employed by the Village and authorized by Village Council to assist the Planning and Zoning Board in administration of this Ordinance.
"Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general level of the graded lot upward.
"Front yard" means that portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the front of the building or structure.
"Rear yard" means that portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.
"Side yard" means that portion of a lot that is located between the side lot line and the nearest building or structure.
“Zoning Inspector” means the zoning enforcement official of the Village appointed pursuant to Chapter 1109, who is charged with the enforcement of this Ordinance.
"Zoning permit" means an official statement certifying that a proposed building or use complies with all the provisions of Titles One through Five of this Planning and Zoning Code.
"Zoning District" means a portion of the Village within which certain regulations and requirements or various combinations thereof apply under the provisions of Titles One through Five of this Planning and Zoning Code.
"Zoning Map" means the map of the Village showing the various zoning districts, as established by Chapter 1131, together with all amendments subsequently adopted by Village Council.
1109.01 PLANNING AND ZONING BOARD.
(a) Planning and Zoning Board Established. Pursuant to Sections 711 and 713 of the Ohio Revised Code, there is hereby established a Planning and Zoning Board in and for the Village of Ashville. Such Board shall have five (5) members, consisting of the Mayor, one (1) member of Village Council, and three (3) residents of the Village, all to be appointed by the Mayor with the approval of Village Council. Such members shall be appointed for terms of six (6) years, except for the term of one of the members of the first Board shall be four (4) years and one for two (2) years. All vacancies shall be filled by the Mayor, with the approval of Council. If, within a period of sixty (60) days after a vacancy, the Mayor has not appointed a new member to fill that vacancy, the President of Council may appoint a member to fill that vacancy, with the approval of Council.
(b) Removal of Members. Members of the Board shall be removable for non- performance of duty, misconduct in office, or other cause by the Village Council. Prior to such removal, a hearing shall have been held before Village Council regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(c) Quorum. Three (3) members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.
(d) Procedures. The meetings of the Board shall be public. However, the Board may go into executive session, as permitted by Ohio R.C. Section 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairman, and Vice Chairman. 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 Zoning Ordinance.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be a public record.
The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
The Board may call upon the various departments of the Village, or outside consultants hired for the specific purpose, for assistance in the performance of its duties. It shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(e) Powers and Duties. For the purposes of this Ordinance, the Board shall have the powers and authority granted under Chapters 711, 713 and 735 of the Ohio Revised Code, and shall have the following specific responsibilities:
(1) Review all proposed amendments to this Ordinance in accordance with Chapter 1115, and make recommendations to the Village Council.
(2) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship, in accordance with the provisions of Chapter 1117 of this Ordinance.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Zoning Inspector.
(5) Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of this Ordinance.
(6) Authorize the substitution or extension of nonconforming uses, as specified in Chapter 1123 of this Ordinance.
(7) Prepare and present a zoning plan for newly annexed territory, pursuant to Chapter 1131 of this Ordinance.
(8) Such other powers and duties as specified in the other chapters of this Ordinance.
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of this Ordinance pursuant to Chapter 1117.
1109.02 ZONING INSPECTOR.
(a) Office of Zoning Inspector Established. The Zoning Inspector, who shall be appointed by the Mayor with the approval of Village Council, shall enforce the provisions of this Ordinance. All officials and employees of the Municipality shall assist the Zoning Inspector by reporting any new development of land, construction, reconstruction, or apparent violations to this Ordinance.
(b) Relief From Personal Liability. The Zoning Inspector, and any officer or employee who acts in good faith and without malice in the discharge of his duties during enforcement of this Ordinance is relieved of personal liability for personal liability subject to the provisions of Chapter 2744 of the Ohio Revised Code.
(c) Duties of Zoning Inspector. For the purposes of this Ordinance, the Zoning Inspector shall have the following duties:
(1) Enforce the provisions of this Ordinance and take such steps as may be necessary to remedy conditions found in violation. Such steps include ordering, in writing, the discontinuance of illegal uses or work in progress, and directing cases of noncompliance to appropriate Village official(s) for action.
(3) Issue zoning permits when the provisions of this Ordinance have been met, or refuse to issue same in the event of noncompliance.
(4) Report to the Planning and Zoning Board on a regular basis on development activity that has occurred in the Village.
(5) Collect the designated fees as established for zoning permits, applications for appeals and conditional uses.
(6) Make and keep all records necessary and appropriate to the office including records of issuance and denial of zoning permits and receipt of complaints of violation of this Ordinance and action taken on same.
(7) Inspect any buildings or lands to determine whether any violations of this Ordinance have been committed or exist.
(8) Advise the Planning and Zoning Board of other matters pertaining to the enforcement of and amendments to this Ordinance.
(9) Other duties directly pertaining to the enforcement of this Ordinance that may be assigned by Village Council. (A.O.)
(10) Certificate of Occupancy - No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Planning and Zoning Inspector shall have issued a Certificate of Occupancy stating that such land, building or part thereof and the proposed use thereof, are found to be in conformity with the provisions of these ordinances and regulations. Within seven (7) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Planning and Zoning Inspector to ensure that final inspection has been completed thereof and to issue a Certificate of Occupancy if the land, building, or part thereof and the proposed use thereof, are found to conform to the provisions of these regulations; or if such certification is refused, to state refusal, in writing, with the cause and immediately thereupon to mail notice of such refusal to the applicant at the address indicated in the application.
The Planning and Zoning Inspector may elect to forgo the requirement of an Occupancy Certificate for residential structures when the inspections validate that no ordinances and rules or regulations of Planning and Zoning have been violated; or for businesses that are obviously compatible with other businesses in the area and with the general neighborhood.
(Ord. 2006-05. Passed 3-27-06.)
1109.03 POWERS OF ZONING INSPECTOR, PLANNING AND ZONING BOARD AND COUNCIL ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector. It is further the intent of this Ordinance that the powers of Village Council in connection with this Ordinance shall not include hearing and deciding questions interpretation and enforcement that may arise. Village Council shall not have the authority to overrule the decisions of the Planning and Zoning Board and/or the Zoning Inspector on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in Chapter 1117 of this Ordinance.
1111.01 ZONING PERMITS.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning permit therefor, issued by the Zoning Inspector. The zoning permit shall certify that the proposed action is in conformance with this Ordinance.
1111.02 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.
A zoning permit is required for any of the following:
(a) Occupancy and/or use of vacant land.
(b) Construction or structural alteration of any building, including accessory buildings.
(c) Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
1111.03 APPLICATION FOR ZONING PERMIT.
Applications for a zoning permit may be obtained from the Zoning Inspector, or from the Village Fiscal Officer. At a minimum, the application shall contain the information as specified in Appendix A, which is hereby made a part of this Ordinance. Three (3) copies of an application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work has not begun within one (1) year, and substantially completed within two (2) years.
Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope of the proposed action warrants.
1111.04 APPROVAL OF ZONING PERMITS.
Within 30 days after the receipt, the application shall be either approved or disproved by the Zoning Inspector, unless the provisions of Section 1111.05, or other specific sections of this Ordinance apply. In taking action on a zoning permit application, the Zoning Inspector may bring the specific case to the Planning and Zoning Board for input. All zoning permits shall be conditional upon the commencement of work within one (1) year. One (1) copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent, on such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two (2) copies of plans, similarly marked, shall be retained by the Zoning Inspector. One (1) copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a Certificate of Zoning Compliance along with one (1) copy of the application. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this Ordinance.
1111.05 SUBMISSION TO THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of this Ordinance, issue the zoning permit in conformance with the provisions of Section 1111.06 of this Ordinance.
1111.06 RECORD OF ZONING PERMIT.
A record of all zoning permits shall be kept on file in the office of the Zoning Inspector and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.
1111.07 EXPIRATION OF ZONING PERMITS.
If the work described in any zoning permit has not begun within one (1) year from the date of issuance thereof, or has not been completed within two (2) years from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector. Written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or an extension has been granted by the Planning and Zoning Board.
1111.08 CERTIFICATE OF ZONING COMPLIANCE.
(a) Certificate of Zoning Compliance Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance.
(b) Application for Certificate of Zoning Compliance. Certificates of Zoning Compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this Ordinance.
(c) Approval of Health Department Required. If the property in question is not served by public water and sewer and the proposed project requires water and/or sewage disposal, a Certificate of Zoning Compliance shall not be issued by the Zoning Inspector until approval of the water and sewage disposal systems have been given by the Pickaway County Health Department, or Ohio Environmental Protection Agency.
(d) Record of Certificate of Zoning Compliance. The Zoning Inspector shall maintain a record of all Certificates of Zoning Compliance and a copy of any individual certificate shall be furnished upon request to occupant or his legally authorized representative.
1111.09 VOID ZONING PERMITS.
A zoning permit shall be void if any of the following conditions exist:
(a) The zoning permit was issued by the Zoning Inspector contrary to the provisions of this Ordinance.
(b) The zoning permit was issued based upon a false statement by the applicant.
(c) The zoning permit has been assigned or transferred.
When a zoning permit has been declared void for any of the above reasons by the Planning and Zoning Board, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease, unless and until a new zoning permit has been issued.
1111.10 SCHEDULE OF FEES, CHARGES AND EXPENSES.
Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning permits, subdivision plats, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Village Fiscal Officer, and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application. (A.O.)
ZONING PERMIT: | ZONING | BUILDING |
(a) (EDITOR’S NOTE: Former subsection (a) was repealed by Ordinance 2022-24, passed December 19, 2022.) | ||
(b) (EDITOR’S NOTE: Former subsection (b) was repealed by Ordinance 2022-24, passed December 19, 2022.) | ||
(c) (EDITOR’S NOTE: Former subsection (c) was repealed by Ordinance 2022-24, passed December 19, 2022.) | ||
(d) Residential room additions, garages, carports, storage buildings - decks, patios | 50.00* | |
(e) Swimming pools | 50.00 | |
* Plus $5.00 per 100 square feet | ||
(f) (1) Demolition permits for garage | 100.00 | |
(2) Demolition permits for residences | 200.00 | |
(g) Fence permit | 50.00 | |
(h) Final inspection fee | 50.00 | |
(i) Community Impact Assessment Review | 50.00 for a single-family | |
500.00 for all other development | ||
CONDITIONAL USE PERMITS | 150.00 (from 2001-16) | |
CHANGE OF OCCUPANCY | 100.00 (from 2001-16) | |
SIGN PERMITS: | One-time fee of $2.00 per square foot | |
with a minimum of $20.00 | ||
VARIANCES | 250.00 (from 2001-16) | |
CERTIFICATE OF APPROPRIATENESS | 50.00 | |
HAZARD SIREN SYSTEM | 23.00 per acre | |
ANNEXATION FEE | 100.00 | |
REZONING APPLICATIONS | 500.00 | |
PLANNED UNIT DEVELOPMENT | 750.00 | |
SUBDIVISION FILING FEES | ||
Major Subdivision | ||
Preliminary Plat (PP) | Fee | |
(a) PP presentation fee | $565.00 + $15/Lot | |
(b) PP Engineer’s review fee | See Engineer’s fee schedule | |
(c) PP legal review fee | 300.00 | |
(d) PP mailing fee | Cost per person to be notified by registered mail for public hearing | |
(e) PP re-submittal fee | 300.00 | |
(f) PP variance | 250.00 each | |
Final Plat (FP) | Fee | |
(a) FP presentation fee | $750.00 + $30/Lot | |
(b) FP Engineer’s review fee | See Engineer’s fee schedule + $40/Lot | |
(c) FP legal review fee | 300.00 | |
(d) FP mailing fee | Cost per person to be notified by registered mail for public hearing | |
(e) FP re-submittal fee | 300.00 | |
(f) FP variance | 250.00 each | |
(g) FP inspection fee | 10% of construction cost | |
(h) FP map update | 500.00 | |
Developers shall be required to pay in advance, and upon final plat approval, water and sewer tap fees. The number of tap fees required to be prepaid shall be equal to twenty percent (20%) of the number of approved residential lots within the platted area. This prepayment is non- refundable.
Minor Subdivision | |
Plat | Fee |
(a) Presentation fee | $50.00 + $50/Additional Lot |
(b) Engineer’s review fee | See Engineer’s fee schedule |
(c) Legal review fee |
100.00 |
(d) Mailing fee | Cost per person to be notified by registered mail for public hearing |
(e) Re-submittal fee |
150.00 |
(f) Variance | 250.00 Each |
(g) Inspection fee | 3% of Construction Cost |
(h) Map updating |
50.00
|
STREET OPENING BOND (minimum 20-square feet) |
$200.00
|
Plus additional $5.00 per square foot (minimum $100.00). | |
(Ord. 2005-10. Passed 10-17-05; Ord. 2018-06. Passed 5-21-18.)
1113.01 SCOPE.
It shall be unlawful for any person, organization or entity to subdivide any land within the Village, or within any area over which the Village has subdivision jurisdiction, unless said subdivision complies with the regulations herein contained. No plat shall be recorded and no land or lot shall be sold until said plat has been approved as herein required. All land contracts and/or long term leases affecting a present or future subdivision of land, as defined in Chapter 1107, shall be subject to the requirements of this Ordinance.
1113.02 PRE-APPLICATION MEETING.
Prior to preparation of a preliminary plat, an owner and/or applicant is encouraged to meet with the Planning and Zoning Board to familiarize himself/herself with the provisions of this Code, the Comprehensive Plan and other applicable requirements.
1113.03 SUBMITTAL OF PRELIMINARY PLAT.
The Owner/Developer and/or applicant shall submit ten (10) copies of the preliminary plat to the Zoning Inspector at least ten (10) days prior to the date of the Planning and Zoning Board's meeting. The material required for submittal shall be as specified in Appendix A of this Code. The applicant shall also submit all fees as applicable for a preliminary plat, as established by Village Council in separate Ordinance. The applicant may present additional plans, renderings or other supportive material as is desired by the applicant to the Planning and Zoning Board at the meeting.
Upon receipt, the Zoning Inspector shall transmit one (1) copy of the application for the preliminary plat to the Village Engineer, the Village Administrator, the Fire Chief and other local entities as he/she deems appropriate. Each such entity shall review the application and submit recommendations to the Planning and Zoning Board.
(Ord. 2000-14. Passed 7-24-00.)
1113.04 MINOR SUBDIVISIONS.
If the Zoning Inspector determines that the proposed subdivision of land:
(a) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utilities, and
(b) Creates no more than five (5) lots, and
(c) Does not adversely affect adjoining tract of land, and
(d) Complies with the applicable zoning regulations of the Village,
then it shall be classified as a minor subdivision.
If the subdivision is classified as a minor subdivision, only such drawings and information as is determined necessary by the Zoning Inspector to determine compliance with pertinent platting, zoning and other regulations need to be submitted for approval. In determining compliance with these standards, the Zoning Inspector may seek input from the Village Engineer, the Village Administrator and/or other departments of the Village. The Zoning Inspector shall determine if public water and sewer service are needed for the proposed minor subdivision, and shall confirm the availability of such services with the Village Administrator. If the public water and sewer is not available, the application materials must contain approval of the Pickaway County Board of Health. The Zoning Inspector shall submit the application for a minor subdivision to the Chairman of the Planning and Zoning Board, along with a recommendation for approval or disapproval.
The Chairman of the Planning and Zoning Board may approve or disapprove said minor subdivision by indicating upon the preliminary plan “Approved (Disapproved) Village of Ashville Planning and Zoning Board”. One (1) copy of the preliminary plan, with such notation thereon, shall be retained for the files of the Planning and Zoning Board.
After approval of a minor subdivision by the Chairman of the Planning and Zoning Board, the owner /applicant may submit a deed or deeds describing lots by metes and bounds, which shall conform to the approved preliminary plan. The Chairman of the Planning and Zoning Board shall approve such conveyances if they conform to the preliminary plan by noting on said deed or deeds "Approved, Village of Ashville Planning and Zoning Board".
1113.05 RECOMMENDATION BY PLANNING AND ZONING BOARD.
The Board shall review and make recommendations on the submitted preliminary plat not later than the second regular meeting following receipt of the review by the Village Engineer. In reviewing the preliminary plat, the Planning and Zoning Board may seek the input of other Village departments, or consultants retained for that purpose. The cost of all reviews deemed necessary by the Board shall be paid by the applicant.
The Planning and Zoning Board may recommend to Village Council that the submitted preliminary plat be approved, disapproved, or approved with modification. In making its recommendation to Village Council, the Planning and Zoning Board shall respond to the criteria cited in Section 1113.06.
1113.06 ACTION BY VILLAGE COUNCIL.
Village Council shall take action on the preliminary plat not later than thirty (30) days after receipt of the recommendation from the Planning and Zoning Board, or within such further time as is agreed to by the applicant. A preliminary plat shall not be approved unless the Village Council finds that:
(a) The proposed subdivision complies with the provisions of the Ohio Revised Code, these regulations and other Codes of the Village as applicable, and
(b) The preliminary plat is in general compliance with the Comprehensive Plan of the Village, and
(c) The subdivision can be adequately served with public facilities and services, as indicated by written notice of the Village Administrator, and
(d) All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace.
Approval of the preliminary plat shall confer upon the applicant the right for a two (2) year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within the two (2) year period, the whole, part or parts of the preliminary plat may be submitted for final approval.
1113.07 APPLICATION FOR FINAL PLAT.
Upon approval of the preliminary plat, a final plat shall be submitted for land being subdivided. The final plat of the subdivision shall be a comprehensive plan of the development. It shall incorporate all modifications required by the Village Council and otherwise conform to the preliminary plat as approved. The applicant may submit a final plat of only that portion of an approved preliminary plat which he proposes to develop and record at the time, provided that such portion conforms to all provisions of these regulations. Nonetheless, all portions of the tract covered by the preliminary plat shall be developed within a two (2) year period, unless an extension of time is granted by the Board.
1113.08 PLANS AND SPECIFICATIONS FOR SITE IMPROVEMENTS.
Prior to submission of a final plat the applicant shall prepare Construction and Grading Plans, specifications and cost estimates of the required site improvements, and submit three (3) copies to the Board. One (1) of these copies shall be transmitted to the Village Engineer and one (1) copy shall be submitted to the Village Administrator.
The items of the estimates shall conform to the “Village of Ashville Regulations and Material Specifications”, as may be subsequently amended, and shall be grouped as follows:
(a) Street and parking area improvements, including curb, pavement, sidewalks, street lighting, and storm drainage;
(b) Water mains, including lines, valves and hydrants;
(c) Sanitary sewers, including manholes, Y's, Tee's and cleanout;
(d) Site improvements, including seeding and sodding.
1113.09 REVIEW BY VILLAGE ENGINEER.
The Village Engineer shall review the plans referenced in Section 1113.08
above, and, subject to his review, they shall be approved or returned with comments. The cost of this review by the Engineer shall be paid for by the applicant.
1113.10 REVIEW BY THE VILLAGE ADMINISTRATOR.
The Village Administrator shall review the plans referenced in Section 1113.08
above and shall comment and make a recommendation on same following receipt of said plans. If no comments are received, the plans shall be considered as approved by the Village Administrator.
1113.11 CONSTRUCTION OF IMPROVEMENTS OR PERFORMANCE GUARANTEES.
The applicant may install, construct, have inspected and approved all required site improvements prior to submitting application for approval of a final plat or he may furnish satisfactory performance guarantees, pursuant to Chapter 1181 of this Ordinance, for the construction of such improvements. The cost of reviews of all improvements shall be paid by the applicant. Such inspections and reviews shall be performed by the Village Engineer, or other Registered Engineer accepted by the Village.
No lot, parcel or tract shall be transferred from the proposed development nor shall any construction work on such development, including grading, be started that may affect the arrangements of public streets or other public improvements until the owner has obtained the necessary approvals of the Construction and Grading Plans from the Village Engineer.
1113.12 APPLICATION FOR APPROVAL OF FINAL PLAT.
Application for approval of final plat shall be submitted in writing to the Zoning Inspector at least ten (10) days prior to a regularly scheduled meeting of the Board, together with the final plat and such other material as required in Appendix A of this Code. The applicant shall submit all fees as applicable for a final plat, as established by Village Council under separate ordinance. The application shall be submitted within two (2) years after approval of the preliminary plat; otherwise, approval of the preliminary plan will become null and void unless an extension is granted by the Board. The Zoning Inspector shall submit the application to the Board at its next regularly scheduled meeting, which shall be the date of submittal of the final plat.
1113.13 ACTION BY PLANNING AND ZONING BOARD.
If the final plat as submitted to the Board at a regularly scheduled meeting conforms to the provisions of the Ohio Revised Code and this Ordinance, and is consistent with the preliminary plat with such changes as required by the Planning and Zoning Board, and if satisfactory provision is made regarding site improvements, and costs pursuant to Chapter 1181 of this Ordinance, the Board shall take action on the final plat within thirty (30) days from the date of submittal, or such further time as agreed to by the owner/applicant. If the Board fails to act upon the final plat within the time allotted, the plat shall be considered as approved. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Chairman. Reasons for disapproval of a final plat shall be stated in the records of the Board.
1113.14 ACCEPTANCE OF PUBLIC LAND.
If land is to be dedicated to the public use, the plat shall contain appropriate statements indicating such dedications with provision for acceptance by the Village.
1113.15 RECORDING OF PLAT.
A final plat which provides for a division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership shall be filed and recorded by the applicant in the office of the Pickaway County Recorder within sixty (60) days following approval by the Board. If the developer fails to file the plat within such period, the approval by the Board shall be null and void. If any change is made in the final plat after approval of the Board, the approval shall be null and void. After recording the final plat, transfer of ownership may take place. The developer shall furnish the Village with the original tracings and two (2) prints of the final plat containing indication of approval by all pertinent parties and the recording of the plat.
1115.01 POWER OF COUNCIL.
Whenever the public necessity, convenience, or general welfare require, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning and Zoning Board and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Ordinance or amendments thereof. The Planning and Zoning Board shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
1115.02 INITIATION OF AMENDMENTS.
Amendments to this Ordinance may be initiated in one of the following ways:
(a) By referral of a proposed amendment to the Planning and Zoning Board by Village Council.
(b) By the adoption of a motion by the Planning and Zoning Board submitting the proposed amendment to Village Council.
(c) By the filing of an application by at least one (1) owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment.
1115.03 APPLICATION.
An application for amendment may be obtained from the Zoning Inspector, or from the Village Fiscal Officer. Such application shall contain, at a minimum, the information specified in Appendix A and, when complete, shall be transmitted by the applicant to the Zoning Inspector.
1115.04 TRANSMITTAL OF RESOLUTION TO PLANNING AND ZONING BOARD.
Upon referral of the proposed Ordinance by Village Council, or the filing of an application by at least one (l) owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Board.
1115.05 RECOMMENDATION BY PLANNING AND ZONING BOARD.
Within sixty (60) days after the first regular meeting of the Planning and Zoning Board after the receipt of the proposed amendment, the Planning and Zoning Board may recommend to the Village Council that the amendment be approved as requested, approved with modification, or it may recommend that the amendment be denied. A public hearing may be held by the Planning and Zoning Board for consideration of the proposed amendment. If such a hearing is held, the Planning and Zoning Board shall follow the same requirements for notification as specified in Section 1115.06 below.
1115.06 ACTION BY VILLAGE COUNCIL.
(a) Public Hearing. Before the proposed Ordinance may be passed, the Village Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the Village. If the proposed Ordinance intends to remove or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Village Fiscal Officer, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Pickaway County Auditor's current tax list, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed Ordinance.
(b) Display of Relevant Materials. During such thirty (30) days, the text or copy of the text of the proposed Ordinance, together with maps, plans, and reports submitted by the Planning and Zoning Board shall be on file, for public examination, in the office of the Village Fiscal Officer.
(c) Action by Village Council. No such Ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the Village Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than three- fourths (3/4) of the membership of the Village Council.
(d) Criteria. In reviewing the proposed amendment and arriving at its decision, the Village Council shall consider the following factors:
(1) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area.
(2) The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow, and the provision of public services in the general area.
(3) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the Village.
(Ord. 2000-14. Passed 7-24-00.)
1115.07 EFFECTIVE DATE AND REFERENDUM.
Such amendment adopted by Village Council shall become effective thirty (30) days after the date of Ordinance, subject to the provisions for referendum specified in the Ohio Revised Code. If the amendment as passed by Village Council pertains to a change in the Official Zoning Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and date of adoption.
1117.01 APPEALS.
(a) Taking of Appeals. Appeals to the Planning and Zoning Board concerning interpretation or administration of this Ordinance by the Zoning Inspector may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, or board. Such appeal shall be taken within thirty (30) days after the date of the decision, by filing with the Zoning Inspector or with the Planning and Zoning Board, a notice of appeal specifying the decision of the Zoning Inspector which the appeal is being taken.
(b) Imminent Peril. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Planning and Zoning Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown, be granted by the Planning and Zoning Board after notice to the Zoning Inspector, or by judicial proceedings.
1117.02 POWERS OF THE PLANNING AND ZONING BOARD.
The Planning and Zoning Board shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Board unless it finds that all the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the applicant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
1117.03 APPLICATION FOR VARIANCE AND APPEALS.
Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. The application for an appeal or variance may be obtained from the Zoning Inspector, or from the Village Fiscal Officer, and shall contain the information specified in Appendix A. The application shall be filed in triplicate with the Zoning Inspector. The Zoning Inspector shall forward a copy of the application to the Planning and Zoning Board within five (5) working days from receipt of the completed application.
1117.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any appeal or variance, the Planning and Zoning Board may prescribe appropriate and reasonable conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1121.99
of this Ordinance. Under no circumstances shall the Planning and Zoning Board grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
1117.05 PUBLIC HEARING BY THE BOARD.
The Planning and Zoning Board shall hold a public hearing within thirty (30) days after receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
1117.06 NOTICE OF PUBLIC HEARING.
Before holding the public hearing pursuant to Section 1117.05
, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
1117.07 NOTICE TO PARTIES OF INTEREST.
Before holding the public hearing pursuant to Section 1117.05, written notice of such hearing shall be mailed by the Village Fiscal Officer, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified in Section 1117.06. Parties of interest shall include at a minimum, owners and occupants of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the actions of the Planning and Zoning Board.
1117.08 ACTION BY PLANNING AND ZONING BOARD.
Within thirty (30) days after the public hearing pursuant to Section 1117.05, the Planning and Zoning Board shall either approve, approve with supplementary conditions as specified in Section 1117.04, or disapprove the request for appeal or variance. The Planning and Zoning Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant. If the application is approved, or approved with supplementary conditions, the Planning and Zoning Board shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
If the request for appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas.
1119.01 PURPOSE.
Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning and Zoning Board may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this Planning and Zoning Code.
1119.02 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for one or more of the conditional uses provided for by this Ordinance in the zoning district in which the property is situated. An application for a conditional use shall contain the information specified in Appendix A, and shall be filed in triplicate with the Zoning Inspector, who shall forward within five (5) working days a copy to the members of the Planning and Zoning Board.
1119.03 GENERAL STANDARDS FOR CONDITIONAL USES.
The Board shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:
(a) Will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of this Zoning Ordinance.
(b) Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of such area.
(c) Seeks to maintain and will not be hazardous to the health, safety and welfare of the existing neighboring, and the total community.
(d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(e) Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
(f) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(g) Will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets or roads.
1119.04 SUPPLEMENTARY CONDITIONS.
In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformance with this Ordinance.
1119.05 PUBLIC HEARING BY THE PLANNING AND ZONING BOARD.
1119.06 ACTION BY PLANNING AND ZONING BOARD.
Within thirty (30) days after the public hearing pursuant to Section 1119.05
, or within thirty (30) days from the date of the application if such hearing is not held, the Board shall either approve, approve with supplementary conditions as specified in Section 1119.04
, or disapprove the application as presented. If the application is approved with supplementary conditions, the Board shall direct the Zoning Inspector to issue a zoning permit listing the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas.
1119.07 EXPIRATION AND REVOCATION OF ZONING PERMIT ISSUED UNDER CONDITIONAL USE PROVISIONS.
The approval of the zoning permit issued in accordance with Section 1119.06
shall become null and void if such use is not carried out within one (1) year after date of approval; however, the Planning and Zoning Board may grant an extension of a zoning permit for a conditional use for an additional period of six (6) months. The Village may revoke the zoning permit upon written evidence by any residents or official of the Village of violation of this Ordinance and/or written terms and conditions upon which approval was based.
1121.01 VIOLATIONS.
(a) Failure to Obtain a Required Permit or Approval. Failure to obtain a zoning permit, Certificate of Zoning Compliance, or other approval as required by specific Sections of this Ordinance shall be a violation of this Ordinance and punishable under Section 1121.99
.
(b) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Zoning permits or other approvals issued on the basis of plans, plats and/or applications authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in Section 1121.99
.
(c) Complaints Regarding Violations. Whenever a violation of this Ordinance is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.
1121.99 PENALTY.
Violation of any provision of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than two hundred fifty dollars ($250.00). Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from such other lawful action as is necessary to prevent or remedy any violations.
Penalties as above shall apply unless penalties are defined for specific Sections of this Ordinance, in which case the penalties so defined in those sections shall apply.
1123.01 INTENT.
Within the districts established by Title Three of this Ordinance, or amendments hereinafter adopted, there may exist lots, structures, uses of land and structure which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit such nonconformities to continue until they are removed and to allow reasonable expansion, but not to encourage their survival.
1123.02 WHEN PERMITTED.
(a) Existing Land or Buildings. Any use of land or buildings existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such building or use was legally existing prior to the establishment of this Ordinance. No nonconforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Ordinance.
(b) Construction Commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this Ordinance, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this Ordinance, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two (2) years from the date of adoption of this Ordinance or amendment thereto making said use nonconforming.
1123.03 SUBSTITUTION.
The Planning and Zoning Board may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change shall be authorized by the Planning and Zoning Board to any use which is not a permitted or conditional use in any "R" District.
1123.04 EXTENSION.
No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(a) The extension of a nonconforming building on the lot occupied by such building, or onto an adjacent lot if such lot is owned by the same person or persons, may be permitted on a once-only basis by the Planning and Zoning Board, provided that such extension is necessary and incidental to such existing nonconforming use; that the extension will not increase the ground floor area of the building by more than twenty-five percent (25%); and that such extension will not extend the building more than twenty-five (25) feet in any direction from the existing building outline.
(b) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(c) Any residential structure which is nonconforming due to the fact of its being in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate R-District.
1123.05 DISCONTINUANCE.
A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:
(a) When the use has been voluntarily discontinued for a period of two (2) years.
(b) When the nonconforming use has been replaced by a conforming use.
1123.06 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.
When a building or structure, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, public enemy or act of God, it may be restored or rebuilt and continued in such nonconforming use, provided that the restoration or rebuilding is commenced within six (6) months of the time of damage, that construction is completed within eighteen (18) months, and that such restoration or rebuilding would not extend or expand the existing use, except as may be permitted in Section 1123.04
above.
(Ord. 2000-14. Passed 7-24-00.)
1123.07 MAINTENANCE AND REPAIR.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use when at least one of the following conditions exist:
(a) When required by law.
(b) To convert to a conforming use.
(c) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
1123.08 NONCONFORMING LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum of twenty-five (25) feet frontage on a public right-of-way; and further provided the following conditions are complied with:
(a) If the owner of such lot does not own adjacent property and did not own such property at the time this Ordinance became effective, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.
(b) If the owner of such lot owns two (2) or more adjacent lots, or other adjacent property, such owner shall redivide the property in such a manner that they conform to the minimum width of such lots in the most proximate single-family district. However, if such redivision would result in lots that exceed width requirement of lots in the most proximate district, such redivision shall provide for one (1) more building lot than would otherwise be allowed.