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Athens City Zoning Code

CHAPTER 23

01.- General Provisions

23.01.01. - Title.

Title 23 shall be known and may be cited as the "Zoning Code of the City of Athens, Ohio," except as referred to herein where it shall be known as "the zoning code."

23.01.02. - Purpose.

Title 23 is enacted for the purpose of promoting the public health, safety, morals and general welfare of the residents of the City of Athens, Ohio; to protect the property rights of all individuals by assuring the compatibility of uses and practices within zones; to facilitate the provision of public utilities and public services; to lessen congestion on public streets, roads, and highways; to provide for the administration and enforcement of the zoning code, the Ohio Revised Code, or common law rulings; and to prescribe penalties for violations of Title 23.

23.01.03. - Interpretation of standards.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Wherever this title imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this title shall govern.

23.01.04. - Repeal of conflicting sections.

Any portion of the Athens City Code inconsistent with the provisions of the zoning code is hereby repealed to the extent necessary to give the zoning code full force and effect.

23.01.05. - Lot of record.

(A)

The standard for interpretation of the zoning code shall be a lot of record.

(B)

A lot of record is:

(1)

A platted lot approved by the City of Athens and transferred by the Athens County Auditor and recorded by the Athens County Recorder, or

(2)

A lease-hold estate between a lessor of a parcel and a lessee having a term of at least 20 years, which creates a separate, buildable parcel of real estate. The lease-hold lot must:

(a)

Have separate real estate taxes billed by the Athens County Auditor,

(b)

Comply with the Athens City Subdivision Regulations for lot splits,

(c)

Comply with Athens City Zoning Bulk Control Regulations for the particular zone, provided that the bulk controls applied shall be no less restrictive than those for a B-Zone.

(C)

The cancellation, forfeiture or termination of a leasehold estate shall terminate the parcel's separate designation for zoning purposes.

(D)

Lessor means fee simple owner or the owner of a lease and lessee means the primary lessee under a lease or the sub-lessee.

23.01.06. - Effective date.

This title shall become effective from and after the date it is approved and adopted, as provided by law.