Canal Winchester City Zoning Code
TITLE THREE
Zoning Administration
1131.01 TITLE.
(a) Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code shall be known and may be designated and cited as "The Canal Winchester, Ohio, Zoning Code," and heretofore may be referred to as the Zoning Code, or Code.
(b) Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Zoning Code as those governing the interpretation of the Ohio Revised Code (ORC).
(Ord. 04-11. Passed 1-18-11.)
1131.02 AUTHORITY.
This chapter is adopted pursuant to the authority contained in the Charter of Canal Winchester.
(Ord. 04-11. Passed 1-18-11.)
1131.03 JURISDICTION.
This chapter shall be effective throughout the Municipal planning jurisdiction. The Municipal planning jurisdiction comprises the area within the corporate boundaries of Canal Winchester.
(Ord. 04-11. Passed 1-18-11.)
1131.04 EFFECTIVE DATE AND AMENDMENTS.
The provisions of this Zoning Code were originally adopted on June 18, 1990 by Ordinance #8-90. Amendments to this Zoning Code have been approved on February 7, 1991 by Ordinance #13-91, on March 9, 1991 by Ordinance #20-91, on March 18, 1991 by Ordinance #22-91, on December 7, 1991 by Ordinance #100-91, on September 2, 1992 by Ordinance #85-92, on December 7, 1992 by Ordinance #107-92, on December 6, 1993 by Ordinance #157-93, on February 21, 1994 by Ordinance #30-94, on November 18, 1996 by Ordinance #119-96, on May 5, 1997 by Ordinance #64-97, on August 20, 2001 by Ordinance #41-01, on January 22, 2002 by Ordinance # 05-02, on July 18, 2005 by Ordinance #52-05, on November 21, 2005 by Ordinance #88-05, on September 4, 2007 by Ordinance #53-07, on May 4, 2009 by Ordinance #25-09, on April 19, 2010 Ordinance #15-10, and on the January 18, 2011 of this approval by Ordinance #04-11.
(Ord. 04-11. Passed 1-18-11.)
1131.05 PURPOSE.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements unless otherwise stated herein; adopted for the promotion of the public health, safety, convenience, comfort, prosperity and the general welfare by regulating and restricting the location of buildings and other structures and of premises to be used for trade, industry, residences and other specified uses; by regulating and limiting the height of buildings and other structures hereafter erected or altered; by regulating the bulk and location of buildings or other structures hereafter erected or altered, the percentage of lot occupancy, setback building lines and the area of yards, courts and other open spaces; and, for all of the purposes hereinbefore described, by dividing the Municipality into districts as herein provided, which districts are deemed and determined best suited to carry out such purposes.
(Ord. 04-11. Passed 1-18-11.)
1131.06 RELATIONSHIP TO EXISTING ZONING CODE.
This Zoning Code is adopted in whole and is a replacement of the Zoning Code of Canal Winchester of 1990, as amended, which was repealed by Council effective September 20, 2001.
(Ord. 04-11. Passed 1-18-11.)
1131.07 RELATIONSHIP TO COMPREHENSIVE PLANNING.
It is the intention of Council that this Zoning Code shall implement the planning policies adopted by Council for Canal Winchester, as reflected in a comprehensive plan, land-use plan, and all other planning documents formally adopted by the Council. While the Council reaffirms its commitment that this Zoning Code and any amendment to it be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this Zoning Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document. (Ord. 04-11. Passed 1-18-11.)
1131.08 NO USE OR SALE OF LAND OR BUILDINGS EXCEPT IN CONFORMITY WITH THIS ZONING CODE.
Subject to Chapter 1149, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his/her control except in accordance with all of the applicable provisions of this Zoning Code. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
(Ord. 04-11. Passed 1-18-11.)
1131.09 SEVERABILITY.
Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this Zoning Code is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible part of this Zoning Code since the same would have been enacted without the incorporation into this Zoning Code of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other divisible part.
(Ord. 04-11. Passed 1-18-11.)
1131.10 CONFLICTING ORDINANCES.
Where conflicts exist between requirements of this Zoning Code and ordinances adopted by Council, the strictest interpretation shall apply and thereby supersede the less strict requirements. (Ord. 04-11. Passed 1-18-11.)
1131.11 AMENDMENTS; EFFECTIVE DATE AND REFERENDUM.
(a) Amendments, as per Chapter 1143, adopted by Council shall become effective thirty (30) days after the date of such adoption unless adopted as an emergency. Such amendment fails to become effective if within thirty (30) days after the passage of the ordinance there is presented to the Clerk of Council a petition, signed by a number of qualified voters residing in the Municipality equal to but not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit such ordinance to the electors of the Municipality for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the applicable County Board of Elections that the amendment has been approved by the voters it shall take immediate effect.
(Ord. 04-11. Passed 1-18-11.)
1131.12 RELATIONSHIP TO PUBLIC WORKS AND BUILDINGS.
Nothing in this Zoning Code shall be construed to prevent Canal Winchester from constructing, repairing or maintaining public works or public buildings in the Municipality.
(Ord. 04-11. Passed 1-18-11.)
1133.01 GENERAL INTERPRETATION.
(a) Except where specifically defined herein, all words used in this Zoning Code shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word "lot" includes the words "parcel" and "plot"; the word "building" includes the word "structure"; the word "shall"
is a
mandatory requirement, the word "
may
" is a permissive requirement, and the word "should" is a preferred requirement; the words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) Words not particularly defined herein shall be defined as found in The New Illustrated Book of Development Definitions, Center for Urban Policy Research, Rutgers University. If not defined therein, words shall be defined as found in Random House Webster’s Unabridged Dictionary on CD-ROM.
(Ord. 41-01. Passed 8-20-01.)
1133.02 GENERAL DEFINITIONS.
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. Words in the singular shall include the plural and words in the plural shall include the singular. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(Ord. 04-11. Passed 1-18-11.)
1133.03 DEFINITIONS.
(1) "Access Drive" means a way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
(2) "Accessory Use or Structure" means a use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same lot with such principal use.
(3) "Adult Entertainment Uses" means any use of a sexual nature, including retail establishments selling publications and other material of a sexual nature, adult motion picture theater used for presenting films and other material of a sexual nature, and adult only entertainment establishment featuring services of a sexual nature.
(4) "Agriculture" means the production, keeping or maintenance, for sale, lease or personal use of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
(5) "Alley" or "Lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(6) "Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
(7) "Animal Hospital" means a place which animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. (Ord. 15-28. Passed 7-6-15.)
(7.1) "Animated Sign" means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Code, include the following types:
A. Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
B. Electrically Activated: Animated signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
1. Flashing: Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination.
2. Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated element for the purpose of producing repetitive light patterns designed to appear in some form of constant motion
(Ord. 17-015. Passed 5-1-17.)
(8) “Artisan Studio” means a building or portion thereof used for the creation of original handmade works of art or craft items by no more than ten artists or artisans, either as a principal or accessory use.
(9) “Artisan Workshop” means a use primarily involving the limited on-site production of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment that does not exceed two (2) horsepower each or a single kiln not exceeding eight (8) cubic feet in volume and the incidental direct sale to consumers. Typical production includes: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.
(10) "Attention Getting Device" means a device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
(11) "Attic" means that part of a building which is immediately below and wholly or partly within the roof framing.
(12) "Automobile" means a self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
(13) "Automobile Car Wash" means any building or premises or portions thereof where mechanical devices are used for washing, detailing, or vacuuming automobiles.
(14) "Automobile Convenience Market" means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience food market or supermarket.
(15) "Automobile Parking Lot or Garage" means establishments primarily engaged in the parking or storage of motor vehicles on surface lots, garages, or other means where no other service is provided.
(16) "Automobile Repair and Services" means establishments primarily engaged in the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, tire dealers, battery dealers and other accessory dealers.
(17) "Automobile Sales" or "Trailer Sales" means the use of a building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, motorcycles, or recreation vehicles and where no warranty repair work and other repair service is conducted.
(18) "Automobile Service Station" means an establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds twenty five (25) percent of the total building area or five hundred (500) square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and bodywork, are conducted.
(19) "Basement" means a space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 and 1/2) feet.
(20) "Bedroom" means a private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
(21) "Best efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology, human resources and cost.
(22) "Boarding Home For Sheltered Care" means a profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
(23) "Buffer Strip" means a land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
(24) "Buildable Area" means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
(25) "Builder" means a person who builds or contracts to build a building or structure within Canal Winchester.
(26) "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
(27) "Building, accessory" means a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
(28) "Building coverage" means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
(29) "Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof.
(30) "Building line" means a line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
(31) "Building, principal" means a building in which is conducted the principal use of the lot on which it is located.
(32) "Building envelope" means the area designated by the developer or builder for the construction of the principal building(s) upon the site in accordance with the following:
A. In Platted Residential Subdivisions or Residential Site Condominiums. The buildable area remaining on the lot, parcel or unit after complying with zoning setback and maximum lot or site coverage requirements, or such smaller building area designated by the developer for construction of building upon a lot, parcel or unit within the development.
B. In All Other Developments. The building area(s) plus ten (10) feet around the perimeter of the building(s) provided such areas do not encroach into any required setback.
(33) "Caliper (Tree)" means a tree's diameter in inches measured four and one-half (4 ½) feet above the ground.
(34) "Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
(35) "Carry-Out Restaurant" means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
(36) "Cemetery" means property used for the interring of the dead.
(37) "Census Tract" means areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
(38) "Central Business District" shall be defined as the east and west sides of High Street, bounded on the north by Mound Street and bounded on the south by the southern terminus of High Street. It is further defined as the north and south sides of Waterloo Street bounded on the west by Washington Street and bounded on the east by Trine Street.
(39) "Certified Arborist" means any individual certified by the National Arborist Association. (Ord. 15-28. Passed 7-6-15.)
(39.1) "Changeable Copy Sign" means a sign with the capability of content change by means of manual or remote input, includes the following types:
A. Manually Activated - Changeable signs whose message copy or content can be changed manually on a display surface.
B. Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable copy display. See also: Electronic Message Display. (Ord. 17-015. Passed 5-1-17.)
(40) "Chimney" means a structure lesser in function than a smoke stack and containing one or more flues for drawing off emissions from stationary sources of combustion.
(41) "Church" or "House of Worship" means a building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
(42) "Cluster development" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
(43) "Cluster subdivision" means a wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
(44) "Commercial nursery or tree farm" means a plant or tree nursery or farm in which trees are planted and grown for sale to the general public in the ordinary course of business.
(45) "Commercial Use" means any activity carried out for pecuniary gain.
(46) "Community Association" or "Homeowners Association" means an association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
(47) "Community Playhouse" means any building or portion thereof that is designed, constructed or used for theatrical productions, youth programs or classes in the performing arts.
(48) "Condominium" means a building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
(49) "Condominium association" means the community association which administers and maintains the common property and common elements of a condominium.
(50) "Congregate Housing" means a dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
(51) "Construction" means on-site erection, fabrication, installation, alteration, demolition, or removal of a structure, facility, or addition thereto, including all related activities, but not restricted to clearing of land, earth moving, blasting and landscaping.
(52) "Convenience Food Market" means a retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
(53) "Council" means the Council of the Village of Canal Winchester.
(54) "Crawl Space" means a space with more than one-half (1/2) of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half (6 1/2) feet.
(55) "Customary Agricultural Operations" see "Agriculture."
(56) "Day Care Center" means a private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
(57) "Decorative Features" means any approved natural or constructed feature, including mulch, gravel, stone, brick, sculpture, and lighting.
(58) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres (See definition of "net developable site").
(59) "Developer" means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development.
(60) "Diameter breast height (d.b.h.) means a tree's diameter in inches measured four and one-half (4 ½) feet above the ground. (Ord. 15-28. Passed 7-6-15.)
(60.1) "Display Time" means the amount of time a message and/or graphic is displayed on an Electronic Message Board sign.
(60.2) "Dissolve" means a mode of message transition on an Electronic Message Board sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lost legibility with gradual appearance and legibility of the second message. (Ord. 17-015. Passed 5-1-17.)
(61) "Drip line" means an imaginary vertical line extending downward for the outermost tips of the tree branches to the ground.
(62) "Drive-In Restaurant" means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
(63) "Drive-In Use" means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
(64) "Drive-up window service" means a building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service.
(65) "Driveway envelope" means an area designated by the developer or builder not more than twenty (20') feet in width to provide vehicular access to the building or parking areas.
(66) "Dwelling" means a structure or portion thereof in which person or persons reside.
(67) "Dwelling, attached" means a one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
(68) "Dwelling, detached" means a dwelling which is not attached to any other dwelling by any means.
(69) "Dwelling, multi-family" means a dwelling containing more than two dwelling units.
(70) "Dwelling, semidetached" means a one-family dwelling attached to one (1) other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
(71) "Dwelling, townhouse" means a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.
(72) "Dwelling, two-family" means a structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
(73) "Dwelling unit" means one (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
(74) "Dwelling unit, efficiency" means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
(Ord. 15-28. Passed 7-6-15.)
(74.1) "Dynamic Frame Effect" means an Electronic Message Board sign frame effect in which the illusion of motion and/or animation is used.
(Ord. 17-015. Passed 5-1-17.)
(75) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
(76) "Epiphytotic" means the sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
(77) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(78) "Extended Care Facility" means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
(79) "Extension" means a physical expansion of an existing structure.
(80) "Factory built housing" means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory built housing shall include the following:
A. Manufactured home. A non self-propelled building unit or assembly of closed construction fabricated in an off-site facility, and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974, and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the numbers of square feet in a structure's exterior dimensions are measured at the largest horizontal projection when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows."(ORC 4501.01) For the purposes of this section, chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks, or other foundation, connection to utilities and the like.
B. Mobile home. A non self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight (8) feet or more in width and more than thirty-five (35) feet in length, which when erected on site is three hundred twenty (320) or more square feet, that is transportable in one or more sections and which does not qualify as a manufactured home or industrialized unit.
C. Industrialized unit. A building unit or assembly of closed construction fabricated in an off site facility, that is substantially self sufficient as a unit or as a part of a greater structure and 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.
D. Modular home. Factory built housing certified as meeting the local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes. Modular homes are required to be placed upon a solid masonry foundation.(Ord. 15-28. Passed 7-6-15.)
(80.1) "Fade" means a mode of message transition on an Electronic Message Board sign accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. (Ord. 17-015. Passed 5-1-17.)
(81) "Family" means one or more individuals occupying a dwelling unit and living as a single household unit.
(82) "Farm" means a parcel of land used for agricultural activities.
(83) "Farm Animals" means those animals or livestock typically associated with a farm or agricultural operation.
(84) "Farm Stand" means a booth or stall located on a farm from which produce and farm products are sold to the general public.
(85) "Fast-Food Restaurant" means an establishment whose principal business is the sale of pre prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
(86) "Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(87) "Floor Area, Finished" means the sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
(88) "Floor Area, Gross" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
(89) "Floor Area, Ground" means the sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
(90) "Floor Area, Net" means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. (Ord. 15-28. Passed 7-6-15.)
(90.1) "Frame" means a complete, static display screen on an Electronic Message Board sign.
(90.2) "Frame Effect" means a visual effect on an Electronic Message Board sign applied to a single frame. See also Dynamic Frame Effect.
(Ord. 17-015. Passed 5-1-17.)
(91) "Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the Municipality pursuant to its current franchise agreement to operate or provide cable television or services to consumer within the Municipality.
(92) "Garage" means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
(93) "Garage Sale" means the sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
(94) "Gas Station" - See Automobile Service Station.
(95) "Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
(96) "Gross Developable Acres" means the land area within a subdivision including areas dedicated to the public, including parks, open space, public right-of-ways, and utility easements.
(97) "Groundcover" means low growing shrubs, wood vegetation, wild flowers and other small herbaceous plants within a woodland area.
(98) "Grubbing" means the effective removal of understory vegetation, groundcovers, shrubs, or trees, but not including the removal of any trees of greater than three (3") inch d.b.h.
(99) "Group Care Facility" means a facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
(100) "Home Occupation" means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
(101) "In-Lieu Fees" means fees paid by a private individual or party to Canal Winchester to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Council.
(102) "Industrial Park" means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
(103) "Industrialized Unit" see Factory Built Housing.
(104) "Inoperable Vehicle" means a vehicle that is not mechanically operable.
(105) "Institutional Use" means a nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
(106) "Junkyard" means any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two (2) or more unregistered, inoperable motor vehicles or other type of junk.
(107) "Kennel, Commercial" means any building or buildings and/or land used, designed or arranged to facilitate the raising, breeding, or boarding and grooming of such domesticated animals as dogs and cats for profit. Farm animals such as pigs and fowl or exotic animals, such as snakes, are expressly prohibited.
(108) "Kennel, Private" means any building or buildings and/or land used, designed or arranged for the care of three (3) or more dogs and/or cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
(109) "Land clearing" means operations which remove trees and vegetation in connection with the installation of storm or sanitary sewers, public or private utilities, street, and any other clearing or grading of the property at any time prior to construction of a building.
(110) "Landscaping" means any portion of a parcel of land that includes trees, shrubs, bushes, planting bed, hedges, earth mounds or other natural or decorative material or feature.
(111) "Locate" means to construct, place, insert or excavate.
(112) "Lot" means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
(113) "Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
(114) "Lot coverage" means the portion of the lot that is covered by buildings and structures.
(115) "Lot, double frontage" means a lot which fronts upon two parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.
(116) "Lot, buildable" means a lot having the required street frontage as required by the zoning district on an improved public right-of-way.
(117) "Mandatory Land Dedication" means the mandatory dedication of private land to Canal Winchester for the purpose of providing space for park, recreation, open space and other public uses.
(118) "Manufactured Home" see Factory Built Housing.
(119) "Massage Parlor" means an establishment that provides massage treatments performed by an appropriately licensed masseur or masseuse.
(120) "Mayor" means the Mayor of Canal Winchester.
(121) "Mini-Warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
(122) "Mobile Home" see Factory Built Housing.
(123) "Mobile Home (Trailer) Park" means any site or tract of land under single or multiple ownership, upon which three (3) or more mobile or manufactured homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. This definition shall exclude any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code, over which the Public Health Council has exclusive rule making power.
(124) "Modular Home" see Factory Built Housing.
(125) “Net Developable Site" means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated right-of-way.
(126) "No-Build Zone" means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
(127) "Nonconformance" means a situation wherein the lawful conditions existing prior to the adoption, revision or amendment of the Zoning Code fail by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
(128) "Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
(129) "Nonconforming sign" means any sign lawfully existing of the effective date of the Zoning Code, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
(130) "Nonconforming structure or building" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(131) "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
(132) "Nursing Home" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
(133) "Off-Street Parking Space" means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
(134) "On-Street Parking Space" means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
(135) "One-and-a-Half-Story" means a residential dwelling having a ground floor and a second floor equal to less than one hundred (100) percent of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as "knee wall") are not more than five (5) feet above the floor of such story.
(136) "Opacity" means a degree of obscuration of light.
(137) "Open Space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
(138) "Open space, common" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
(139) "Operations" means locating, moving, depositing, or grading of any material or any construction, use of activity, or combination of such activities, which modifies the conditions of property subject to this Zoning Code.
(140) "OUPS" means the Ohio Utilities Protection Service.
(141) "Outdoor Display" means the temporary outdoor display of material and merchandise for the purposes of retail sales.
(142) "Outdoor Storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
(143) "Overlay District" means a type of zoning district that applies more restrictive standards to an underlying zoning district.
(144) "Parish House" means a residential structure, such as a parsonage, that is subordinate to a church or other place of worship.
(145) "Park" means a tract of land designated and designed for the use by members of the public for active and passive recreation.
(146) "Permittee" means any person issues a permit pursuant to this Zoning Code.
(147) "Person" means any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
(148) "Personal Services" means establishments primarily engaging in providing services involving the care of a person or his or her apparel.
(149) "Plat" means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
(150) "Portable On Demand Storage (PODS)" means any portable structure intended to be used on a temporary basis for the loading of materials out of a location within Canal Winchester and then moved to another location by a contracted third party or the unloading of materials into a location within Canal Winchester in which the portable structure was brought to the location by a third party.
(151) "Principal Use" means the primary or predominant use of any lot.
(152) "Public Use" means a land use that is owned and/or operated by the public and is accessible to the public.
(153) "Rear of the principal structure" means the area located to the rear of the wall opposite the primary architectural entrance. The primary entrance usually faces the street that bears the property's address.
(154) "Reconstruction" means the rebuilding or substantial remodeling of an existing structure.
(155) "Recreational and Camping Equipment" means boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
(156) "Recreational and Camping Vehicles" means vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
(157) "Regulation" means any rule adopted by and pursuant to the authority of this Zoning Code.
(158) "Residential development" means any one-family or multiple-family residential development, including one-family residential subdivisions, one-family cluster housing, residential condominiums, residential site condominiums and multiple-family developments.
(159) "Residential District" means a zoning district in which residential uses are included as permitted uses.
(160) "Restrictive Covenant" means a restriction on the use of land usually set forth in the deed.
(161) "Retail Services" means establishments providing services or entertainment as opposed to products.
(162) "Right-of-way" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality.
(163) "Satellite Ground Station" means a ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
(164) "Scenic Easement" means an easement the purpose of which is to limit development in order to preserve a view or scenic area.
(165) "School" means any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
(Ord. 15-28. Passed 7-6-15.)
(165.1) "Scroll" means a mode of message transition on an Electronic Message Board sign in which the message appears to move vertically across the display surface.
(Ord. 17-015. Passed 5-1-17.)
(166) "Setback" means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
(167) "Setback line" means that line that is required minimum distance from the street right of way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
(168) "Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
(169) "Sign, billboard" or "off-premises sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(170) "Sign, bulletin board" means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages. (Ord. 15-28. Passed 7-6-15.)
(170.1) "Sign, Complex Identification" means a sign that contains information regarding two (2) or more businesses that share one singular building.
(170.2) "Sign, Electronic Message Display (EMDs)" means an electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. These electronic signs are capable of displaying words, symbols, figures or images that can be static or have motion and or animation. EMDs are typically use light emitting diodes (LEOs) or liquid crystal display (LCDs) as a light source. (See also following terms principally associated with EMDs: Display Time, Dissolve, Dynamic Frame Effect, Fade, Frame, Frame Effect, Scroll, Transition, Travel)
(Ord. 17-015. Passed 5-1-17.)
(171) "Sign, freestanding" means a non-movable sign supported by or from poles, posts, pillars, columns, uprights, braces, constructed base, or other structures on the ground and which are not affixed to a building.
(172) "Sign, projecting" means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.
(173) "Sign, wall" means a sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
(174) "Significant Tree" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Council with the advice of the Planning and Zoning Commission or Landmarks Commission.
(175) “Specialty food and/or Beverage Facility” means a facility wherein food and/or beverage is produced and is: sold on a wholesale and/or retail basis; distributed; and/or consumed on the premises. This may include but is not limited to a brew pub, micro-brewery, distillery, coffee roaster, bakery, charcuterie, cheese making and/or other facilities producing crafted alcoholic or non-alcoholic beverages and/or artisan food.
(176) "Split Level" means a residential dwelling containing finished floor area on two (2) or more levels with not less than three (3) feet nor more than six (6) feet vertical distance between the plane of one floor level and the place of the next higher level.
(177) "Spot Zoning" means the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
(178) "Story" means that portion of a building, including 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.
(179) "Street" means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder prior to the appointment of the Planning and Zoning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
(180) "Street, collector" means a street which collects traffic from local streets and connects with minor and major arterial.
(181) "Street, local" means a street designed to provide vehicular access to abutting property and to discourage through traffic.
(182) "Street, major arterial" means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
(183) "Street, minor arterial" means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
(184) "Structure" means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
(185) "Supermarket" means food markets, or combination food markets and department stores with more than 5,000 square feet of floor area.
(186) "Surveyor" means a surveyor registered by the State of Ohio.
(187) "Trailer" means a structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office. (Ord. 15-28. Passed 7-6-15.)
(187.1) "Transition" means a visual effect used on an Electronic Message Board sign to change from one message to another.
(187.2) "Travel" means a mode of message transition on an Electronic Message Board sign in which the message appears to move horizontally across the display surface.
(Ord. 17-015. Passed 5-1-17.)
(188) "Travel Trailer" means a recreation vehicle that is towed by a car or truck.
(189) "Tree" means any self-supported, woody plant of a species which normally grows to an overall height of thirteen (13') feet or more, including coniferous and deciduous trees.
(190) "Tree, Large" means any tree species which normally attains a full grown height equal to or greater than forty-five (45) feet.
(191) "Tree, Medium" means any tree species which normally attains a full grown height of between twenty-five (25) and forty-five (45) feet.
(192) "Tree, Small" means any tree species which normally attains a full grown height of under twenty-five (25) feet.
(193) "Tree Lawn" means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
(194) "Tree removal" means the act of removing a tree by digging up or cutting down, or the effective removal through damage.
(195) "Tree survey" means a minimum 1" = 100' scale drawing that provides the location of all trees of six (6") inches or greater d.b.h., plotted by accurate techniques, including the common or botanical name of those trees and their d.b.h.
(196) "Two-Story" means a residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding one hundred (100) percent of the required minimum ground floor finished square footage.
(197) "Undeveloped" means a parcel of land which is substantially unimproved with buildings or structures on the effective date of this Zoning Code.
(198) "Use" means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
(199) "Vehicular Use Area" means any area used by vehicles.
(200) "Video Rental Store" means an establishment primarily engaged in the retail rental or lease of videotapes, films, DVDs, laser discs, electronic games, cassettes, or other electronic media. Sales of film, videotapes, laser discs, DVDs, and electronic merchandise associated with VCRs, DVD players, video cameras, and electronic games are permitted accessory uses.
(201) "Woodland" means any property containing one or more acres (excluding existing rights-of-way) which has been designated as a woodland on the official woodlands map. The term woodland includes all trees, shrubs, and groundcover located upon such property (regardless of size).
(202) "Woodlands map" means the map approved by the Council of Canal Winchester identifying all woodland areas in Canal Winchester.
(203) "Yard" means a required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Code.
(204) "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. For corner lots the front yard shall constitute that area of the lot that is adjacent to the shorter of the two (2) sides facing the street.
(205) "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots the rear yard shall constitute that area of the lot that is opposite to the shorter of the two (2) sides facing the street.
(206) "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 15-28. Passed 7-6-15.)
1135.01 ENFORCEMENT BY PLANNING AND ZONING ADMINISTRATOR.
There is hereby established the office of Planning and Zoning Administrator. It shall be the duty of the Planning and Zoning Administrator to enforce this Zoning Code in accordance with the administrative provisions of this Zoning Code. All departments, officials, public employees, and representatives of the Municipality, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.
(Ord. 04-11. Passed 1-18-11.)
1135.02 CERTIFICATE OF ZONING COMPLIANCE.
(a) Use Prohibited Without Certificate. No owner, lessee or tenant shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Zoning Compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code.
(1) The Planning and Zoning Administrator shall issue a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission and/or Council where the Zoning Code requires or deems appropriate.
(2) This section shall in no case be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed for such building.
(b) Effect of Approval. Certificates of Zoning Compliance shall be issued on the basis of plans, information and application approved by the Planning and Zoning Administrator and/or Planning and Zoning Commission authorize only the use, arrangement and construction set forth in such approved plans, information and application or approved amendments thereto, and no other use, arrangement or construction. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this Zoning Code and punished as provided in this chapter.
(c) Conformance with Certificate of Zoning Compliance. Any project requiring a Certificate of Zoning Compliance shall conform to the approved plans and/or other approved materials. Any project not in conformance with the approved Certificate of Zoning Compliance shall be considered in violation of this Zoning Code, per Section 1135.10.
(d) Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public water and sewers, the application shall be accompanied by written evidence of approval by the responsible Health Officer as to the proposed method of water supply and/or treatment and disposal of sanitary waste.
(Ord. 04-11. Passed 1-18-11.)
1135.03 CERTIFICATE OF ZONING COMPLIANCE APPLICATION PROCEDURE.
(a) Application to be Made. Written application for Certificates of Zoning Compliance shall be made by the property owner(s) or applicant(s) to the Planning and Zoning Administrator.
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant, payable to the General Fund.
(c) Contents of Application. The application for a Certificate of Zoning Compliance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s) or authorized agent.
(2) A current survey of the property prepared by a licensed surveyor.
(3) If a change of use is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
(4) If any new development or construction is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
D. Any proposed new construction and or alteration.
E. Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities.
F. Location of all other public utilities above or below ground.
G. Proposed grades.
H. Proposed top of foundation.
I. Proposed driveway slope.
(5) Such other information to be determined by the Planning and Zoning Administrator and/or Planning and Zoning Commission as may be necessary to determine and provide for the enforcement of this Zoning Code. (Ord. 04-11. Passed 1-18-11.)
1135.04 CERTIFICATE OF ZONING COMPLIANCE REVIEW PROCEDURE.
(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Planning and Zoning Administrator.
(b) Action by Planning and Zoning Administrator. Within thirty (30) days after acceptance of an application for a Certificate of Zoning Compliance, the Planning and Zoning Administrator shall approve a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission where the Zoning Code requires; in those cases, the Planning and Zoning Commission shall render a decision within thirty-five (35) days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.
(c) Appeals. A denial by the Planning and Zoning Administrator of an application for a Certificate of Zoning Compliance may be appealed to the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) days of receipt of notification of denial. The Planning and Zoning Commission shall have a maximum of sixty (60) days for public hearing, consideration and a decision on the appeal. Denial of an appeal by the Planning and Zoning Commission may be appealed to Council. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
(Ord. 04-11. Passed 1-18-11.)
1135.05 CERTIFICATE OF ZONING COMPLIANCE ISSUANCE AND EXPIRATION.
(a) An approved Certificate of Zoning Compliance shall be issued within ten (10) days of approval. One (1) copy of the plans submitted by the or applicant shall be returned upon approval.
(b) All Certificates of Zoning Compliance shall be conditional upon the commencement of work within one (1) year of issuance. If the work has not been more than fifty percent (50%) completed within one and one-half (1 ½ ) years of issuance, the certificate shall expire and be revoked by the Planning and Zoning Administrator. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(c) If a Certificate of Zoning Compliance expires and/or is revoked, and a new certificate or extension is not granted, it is the property owner's responsibility to return the property to its original state prior to issuance of the Certificate of Zoning Compliance within thirty (30) days.
(d) Once a Certificate of Zoning Compliance expires or is revoked, only one (1) additional Certificate of Zoning Compliance shall be approved for the project. After the second Certificate of Zoning Compliance has expired, the property shall be subject to the requirements of Section 1135.05(c). When the requirements of Section 1135.05(c) have been fulfilled to the satisfaction of the Planning and Zoning Administrator, a new Certificate of Zoning Compliance application may be submitted for review.
(Ord. 04-11. Passed 1-18-11.)
1135.06 PLAN REVIEW PROCEDURE AND PERMISSION TO BUILD.
(a) The following shall apply for all Non-Residential Developments, Residential Developments, and Residential Subdivisions:
(3) Building Review. An application for Building Plan review shall be made as required per the Ohio Building Code as adopted in Chapter 1317
of these Codified Ordinances. All applications required in Section 1135.06
(a)(1) and 1135.06
(a)(2) shall receive approval prior to the application, review, or approval of Building Plans.
(4) Permission to Build. Permission to build or conduct any site work shall not be permitted until all Planning and Zoning applications have been approved per Section 1135.06
(a)(1), Engineering Construction Plans have been approved per Section 1135.06
(a)(2), and Building Plans have been approved per Section 1135.06
(a)(3).
(b) The following shall apply for all Single Family Residential Lots and Residential Accessory Structures.
(1) Planning and Zoning Review. An application for a Certificate of Zoning Compliance shall be made per Chapter 1135
of this Zoning Code in conjunction with any other Planning and Zoning applications as deemed necessary by the Planning and Zoning Administrator.
(2) Building Review. An application for Building Plan review shall be made per Chapter 1317
of these Codified Ordinances. All required Planning and Zoning applications shall receive approval prior to the application, review, or approval of Building Plans.
(Ord. 04-11. Passed 1-18-11.)
1135.07 CERTIFICATE OF OCCUPANCY.
A Certificate of Occupancy shall be issued by the Planning and Zoning Administrator for buildings erected or structurally altered and land initially occupied or changed in use. Such certificate shall state that the building and proposed use(s) complies with the provisions of these Codified Ordinances.
(a) Application Required. Application for a Certificate of Occupancy shall be made to the Planning and Zoning Administrator on forms provided.
(b) Non-Residential and Multi-Family Residential Development Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied. Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signatures of the Chief Building Official, Planning and Zoning Administrator, Public Works Director, and Director of Construction Services .
Where circumstances warrant, a Temporary Certificate of Occupancy may be issued with the condition that unfinished improvements shall be completed. A Temporary Certificate of Occupancy with such a condition shall be issued for a period of no more than six (6) months, during which period any remaining work shall be completed. A Temporary Certificate of Occupancy shall require the signatures of the Chief Building Official, Planning and Zoning Administrator, Public Works Director, and Director of Construction Services and shall require the receipt of a bond equal to twice the cost of the remaining improvements plus a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a Certificate of Occupancy shall be issued as previously indicated in Section 1135.07(b).
(c) Single Family Residential and Multi-Family Residential Unit Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied. Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signatures of the Residential Building Official and Planning and Zoning Administrator.
Where circumstances warrant, a Temporary Certificate of Occupancy may be issued with the condition that unfinished improvements shall be completed. A Temporary Certificate of Occupancy with such a condition shall be issued for a period of no more than six (6) months, during which period any remaining work shall be completed, and shall require the receipt of a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a Certificate of Occupancy shall be issued as previously indicated in Section 1135.07(c).
(d) Change of Use Certificate of Occupancy. Upon determination that a use complies with all approved plans and provisions of these Codified Ordinances, a Certificate of Occupancy shall be issued. A Certificate of Occupancy shall require the signature of the Planning and Zoning Administrator.
(e) Occupying Without a Certificate of Occupancy. Any person, firm or corporation who occupies or permits to be occupied, or who sells, leases, or rents a house, building, building unit or structure for which a Certificate of Occupancy has not been issued, or in the case of alterations, additions or repairs, whoever occupies, or permits to be occupied or utilized or sells, leases or rents that portion of the house, building, building unit or structure added, altered or repaired for which an occupancy permit has not been issued, shall be guilty of violating this chapter and shall be subject to the penalties provided herein.
(f) For all building construction projects, the top of foundation shall be a maximum sixteen (16) inches above the approved grading plan and the following shall be submitted and approved before occupancy is granted:
(1) Verification by a registered surveyor of footer location and elevation at the time of footer inspection.
(2) Verification by a registered surveyor of top of block elevation at the time of foundation inspection.
(3) Verification by a registered surveyor that the finished grade is in conformance with the approved grading plan before sod is laid.
(g) Application After Effective Date. This section shall apply to all uses established and/or structures erected or altered after the effective date of this section.
(Ord. 04-11. Passed 1-18-11; Ord. 22-048. Passed 11-7-22.)
1135.08 DEMOLITION PERMIT.
(a) The issuance of a demolition permit by the Planning and Zoning Administrator shall be required prior to the demolition of any structure or building in the Municipality. If the subject structure is located within the Old Town Overlay District, then the demolition permit shall be reviewed per Section 1175.01(g). A Demolition Permit for a property within the Old Town Overlay District shall not be issued without approval per Section 1175.01(i).
(b) In applying for a demolition permit, the applicant must deposit with the Municipality a policy or certificate of insurance evidencing that the applicant or owner has in force not less than $300,000 liability insurance for the protection of adjacent owners and other members of the public. (Ord. 04-11. Passed 1-18-11.)
1135.09 TEMPORARY USE/SPECIAL EVENT PERMIT.
The following regulations are necessary to govern the operation of certain uses that are non permanent in nature. Application for a Temporary Use/Special Event Permit, where applicable, shall be made to the Planning and Zoning Administrator, containing a graphic description of the property to be utilized, a site plan, a description of the proposed use, and sufficient information to determine yard requirements, setback, sanitary facilities, and parking space for the proposed temporary use/special event.
(a) School or church functions, athletic events, public festivals, charity events or other community service activities are deemed examples of special events. Special events are subject to regulations of the districts in which such uses are located. Special Event Permits shall be valid for one (1) year in which all special event activities shall commence. Signs for special events are subject to Chapter 1189 of this Zoning Code. (Ord. 17-015. Passed 5-1-17.)
(1) The location, type, and dimensions of each mobile vendor shall be indicated on an approved Temporary Use/Special Event Permit.
(2) During approved special event dates, mobile vending vehicles, carts, and other related structures shall be removed from the premises or sufficiently secured when not in operation.
(3) Mobile vending shall be permitted for one (1) occurrence per calendar week, lasting no longer than three (3) consecutive days. Mobile vending located on public property and not for profit shall be exempt from this requirement at the discretion of the Planning and Zoning Administrator.
(4) Mobile vending may be permitted in the public right of way with permission from the Public Works Director.
(5) Each mobile food vendor shall obtain a valid mobile food service license from any Ohio County Board of Health or a Temporary License to Conduct Food Service from the Franklin County Board of Health.
(6) Each mobile vendor shall obtain and maintain public liability and property damage insurance with a financially sound insurance company, "A" rated or better by A. M. Best and Company, which shall protect the public against any and all claims for damages for personal injuries, including death, and against claims for property damage which may arise out of or in connection with any operations or activities of the mobile food vendors in the exercise of any of the privileges herein granted. The amount of such insurance shall be a minimum of one million ($1,000,000) dollars for combined single limit general liability coverage. Hired and non-owed coverage endorsement shall be set at the same limits. A certificate of insurance, with Canal Winchester named as an additional insured, shall be submitted prior to the mobile vendor locating within the Canal Winchester corporation limits.
(c) The following uses are deemed examples of temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any underlying district in which such use is located:
(1) A real estate sales office, including a mobile office, may be permitted within any district for any new subdivision which has been approved by Canal Winchester. Such office shall contain no living accommodations. The permit shall be valid for one (1) year, but six (6) month extensions may be granted if conditions warrant such renewal. Mobile offices shall be immediately removed when the sale of seventy five percent (75%) of the units in the development phase or section has been completed, or upon expiration of the Temporary Use Permit, whichever occurs sooner. A permanent real estate office, such as a model home, shall be removed upon the sale of all units of the project development phase or section, excluding the real estate office itself, or upon expiration of the Temporary Use Permit, whichever occurs sooner.
(2) Temporary offices including mobile offices for contractors, construction trailers, and equipment sheds incidental to construction projects may be permitted within any district. The permit shall not be valid for more than one (1) year but may be renewed for six (6) month extensions if construction is substantially underway. Temporary offices shall be immediately removed when the construction of seventy five percent (75%) of the units in the development phase or section has been completed, or upon expiration of the Temporary Use Permit, whichever occurs sooner.
(3) Garage sales may be permitted without a temporary use permit within any district in which dwellings are permitted in accordance with the following standards:
A. Only one such sale may be conducted on any parcel of real estate in any six (6) month period, which sale shall be limited to not more than three (3) consecutive days or two (2) consecutive weekends of two (2) days each. No sale may extend later than sunset.
B. Only one (1) sign advertising the sale may be displayed on the premise. A maximum of three (3) directional signs may be placed off the premises to direct the public to the sale. The display of such advertising and directional signs may be displayed up to twenty-four (24) hours prior to the beginning of the sale. These signs must be removed within twenty-four (24) hours after the sale ends. If the signs are not removed in that time, the Municipality will remove the signs and assess the property owner a fee for such removal. Such signs shall not be larger than four (4) square feet in display area, shall not be illuminated or animated, shall not be placed in a right-of-way of any public street or road, and shall not interfere or obstruct visibility when entering or leaving property.
C. Except as provided above, the provisions of this Chapter shall not apply to a sale of property publicized solely by classified newspaper advertising, which describes or identifies the specific property offered for sale and does not designate the date, hours, or location of the sale other than by stating name, address or telephone number of the seller.
(4) Donation drop off bins including any structure located outside of an enclosed building whose purpose is for the holding of clothing and household items that are donated to a charitable or for profit organization. Donation drop off bins are also known as charity bins or clothing bins.
A. Donation drop off bins shall only be allowed in non-residential zoning districts.
B. Only one (1) donation drop off bin shall be located on a property of one (1) acre or smaller. An additional one (1) donation drop off bin per shall be permitted per each one (1) additional acre, with a maximum of three (3) donation drop off bins per property.
C. A donation drop off bin shall have a footprint of no larger than twenty-five (25) square feet and shall be no taller than seven (7) feet.
D. A donation drop off bin shall be located no closer to any lot line than the setbacks of the applicable zoning district, but in no case shall a donation drop off bin be closer than ten (10) feet to any lot line.
E. Donation drop off bins shall not obstruct pedestrian or vehicular traffic flow on a lot. These areas include, but are not limited to, drive aisles, parking lot area, fire lanes, and adjacent street rights-of-way.
F. A donation drop off bin shall not cause a hazardous condition, be a threat to the public safety, or create a condition detrimental to surrounding land uses and developments.
G. Bright primary or contrasting colors are prohibited on donation drop off bins.
H. All donation drop off bins shall be clearly marked to identify the purpose of the collection, the name of the organization responsible for the bin, contact information (name, phone number, mailing address), and what items are requested for donation.
I. Donated items shall not be left outside the drop off bin. The following notice shall be clearly marked on all sides of the donation drop off bin: NO ITEMS SHALL BE LEFT OUTSIDE OF THE DONATION DROP-OFF BIN. Donations that are not fully enclosed in the drop off bin shall be considered a zoning violation.
J. No advertisement signage on the donation drop off bin shall be permitted.
K. All donation drop off bins shall be checked by their owner at least once a week for compliance with approval conditions and shall be emptied as necessary.
L. A Temporary Use/Special Event Permit shall be required before installing a donation drop off bin. The permit shall be valid for two (2) years, but one (1) year extensions may be granted if there have been no violations of any section of this Zoning Code. The following shall be submitted with a Temporary Use/Special Event Permit application:
1. A plot plan showing the proposed location of the donation drop off bin in reference to property lines, existing structures (buildings, signs, utility poles, etc.), drive aisles and parking lot area.
2. A photo of the drop off bin that shows the required language.
3. Proof of liability insurance.
4. Contact information: name, phone number, mailing address.
5. A description of how the donation drop off bin is monitored and maintained including a pickup schedule.
M. Failure to comply with the approval conditions shall be considered a Zoning Code violation and may result in revoking the Temporary Use/Special Event Permit.
(Ord. 04-11. Passed 1-18-11.)
(5) Tents or canopies greater than two-hundred (200) square feet in size used to provide temporary shelter to event attendees. Tents or canopies smaller than two-hundred (200) square feet when combined with one-another to form a larger structure shall also meet the following requirements.
A. The location, type, dimension, and distance to all property lines of each tent or canopy shall be indicated on an approved Temporary Use/Special Event Permit.
B. The dates that each tent will be used shall be indicated on an approved Temporary Use/Special Event Permit.
C. Tents or canopies erected with a valid Temporary Use/Special Event Permit shall be permitted for no more than six (6) consecutive days per occurrence.
D. Tents or canopies erected with valid Temporary Use/ Special Event Permit shall be permitted for no more than three (3) occurrences during the calendar year in which the Temporary Use/Special Event Permit is valid.
E. All building and fire codes will need to be followed and permits and inspections completed, if required, prior to the date of the event to be held in the tent or canopy.
(Ord. 13-34. Passed 11-4-13.)
1135.10 VIOLATIONS AND REMEDIES.
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Law Director and/or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 04-11. Passed 1-18-11.)
1135.11 COMPLAINTS.
Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any resident, property owner, or lessee of property in Canal Winchester may file a written complaint with the Planning and Zoning Administrator. Such complaint shall state in full the causes and basis thereof. The Planning and Zoning Administrator shall record said complaint, immediately investigate the allegations, and take appropriate action as provided by this Zoning Code.
(Ord. 04-11. Passed 1-18-11.)
1135.12 PENALTY.
(a) The first violation of the provisions of this Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Upon conviction thereof any person may be fined not more than $250.00 or imprisoned for not more than thirty (30) days or both, and in addition shall pay all costs and expenses involved in the case.
(b) If the same violation occurs a second time within the same year the offense shall constitute a misdemeanor of the third degree and upon conviction the fine shall be not more than $500.00 or imprisonment for not more than sixty (60) days or both, and in addition the offender shall pay all costs and expenses involved in the case. If the same violation occurs a third time within the same year the offense shall constitute a misdemeanor of the second degree and upon conviction the fine shall be not more than $750.00 or imprisonment for not more than ninety (90) days or both, and in addition the offender shall pay all costs and expenses involved in the case.
(c) Each day any such violation continues after receipt of a violation notice shall constitute 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 Municipality from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 04-11. Passed 1-18-11.)
1135.13 FAILURE TO ACT.
The failure of any board, not including Council, to act on an application before such board within the prescribed time frame, excluding the continuation of a public meeting or hearing, shall constitute approval of such application. This shall not apply in cases where an applicant has chosen to indefinitely table an application or has requested an extension of such application.
(Ord. 04-11. Passed 1-18-11.)
1135.14 TECHNICAL REVIEW GROUP.
The Technical Review Group is established as a technical review body for the Municipality and may consist of, but not be limited to, the Planning and Zoning Administrator, Municipal Engineer, Public Works Director, Water Manager, Water Reclamation Manager, Street Manager, Director of Construction Services , and Urban Forester. The Technical Review Group will meet on an as needed basis to provide a forum at which proposed developments at any stage in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory review requirements and to provide coordination of various requirements and procedures. The Technical Review Group provides the Planning and Zoning Commission technical expertise in evaluating development proposals. The Planning and Zoning Administrator shall chair the Technical Review Group and shall coordinate the review process. Prior to the Planning and Zoning Commission meeting, the Planning and Zoning Administrator shall notify the applicant or the applicant's representative in writing of comments and recommendations made by the Technical Review Group. (Ord. 04-11. Passed 1-18-11; Ord. 22-048. Passed 11-7-22.)
1137.01 GENERAL.
The Planning and Zoning Administrator shall serve as the chief administrative officer for the Zoning Code and is charged with enforcement of the related requirements and standards, as per this chapter. (Ord. 04-11. Passed 1-18-11.)
1137.02 CERTIFICATE OF ZONING COMPLIANCE.
The Planning and Zoning Administrator shall issue the Certificate of Zoning Compliance when the standards and requirements of this Zoning Code have been fully met or as directed by the Planning and Zoning Commission or Council. The Planning and Zoning Administrator shall deny issuing a Certificate of Zoning Compliance in the event of non-compliance. The Planning and Zoning Administrator shall maintain a record of all applications and actions.
(Ord. 04-11. Passed 1-18-11.)
1137.03 RECORD KEEPING.
The Planning and Zoning Administrator shall make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning certificates, zoning map amendments, variances, conditional use permits, Certificates of Appropriateness, receipt, investigation and enforcement of complaints of Zoning Code violations, and any other permit or certificate required herein. The Planning and Zoning Administrator shall prepare an annual summary of all records.
(Ord. 04-11. Passed 1-18-11.)
1137.04 ADVISOR TO THE PLANNING AND ZONING COMMISSION.
The Planning and Zoning Administrator shall advise the Planning and Zoning Commission of all matters other than routine duties pertaining to enforcement of this Zoning Code and any related ordinance, and shall transmit all applications and records pertaining to supplements and amendments therein.
(Ord. 04-11. Passed 1-18-11.)
1137.05 ADVISOR TO THE LANDMARKS COMMISSION.
(a) The Planning and Zoning Administrator shall advise the Landmarks Commission of all matters other than routine duties pertaining to enforcement of Chapter 157 of these Codified Ordinances (Landmarks Commission), Chapter 1175.01 if these Codified Ordinances (Old Town Overlay District), the Canal Winchester Preservation Guidelines, and any related ordinances, and shall transmit all applications and records pertaining to supplements and amendments therein.
(b) The Planning and Zoning Administrator shall notify by certified mail respective property owners and those others of violations of the Landmarks Commission ordinance and all other pertinent regulations; shall issue stop work orders for the discontinuance of illegal work; and shall order in writing actions to correct said violations under the direction of the Landmarks Commission. The Planning and Zoning Administrator shall take any other action authorized by the Landmarks Commission in concurrence with the Law Director to ensure compliance, prevent violations, and to order remedial actions, including the issuance of Certificates of Appropriateness.
(c) Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving the Landmarks Commission's jurisdiction and area of authority shall have the right to file an appeal with the Landmarks Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) days of the decision. At the time of filing, the Planning and Zoning Administrator shall turn over to the Landmarks Commission the application and any relevant background information. The Landmarks Commission shall have a maximum of sixty (60) days for public hearing, consideration and rendering a decision on the appeal. Denial of an appeal by the Landmarks Commission may be appealed to Council
(Ord. 04-11. Passed 1-18-11.)
1137.06 INSPECTION AND COMPLAINTS.
(a) The Planning and Zoning Administrator shall inspect any building or land to determine whether any violations of this Zoning Code and other related ordinances have been committed or exist, and to receive and investigate complaints and notices of alleged violations. Written complaints of alleged violations shall be filed with the Planning and Zoning Administrator who shall investigate said complaints and prepare a report to be submitted to the Planning and Zoning Commission and Law Director. Said complaints shall be recorded.
(b) Regular inspections of the Municipality shall be conducted by the Planning and Zoning Administrator to identify potential violations, situations of non-compliance, and any potentially illegal situations relative to this Zoning Code. Necessary action shall be taken by the Planning and Zoning Administrator to ensure compliance with and enforce this Zoning Code and other related ordinances. (Ord. 04-11. Passed 1-18-11.)
1137.07 ENFORCEMENT.
(a) The Planning and Zoning Administrator shall enforce this Zoning Code and any related ordinances and take all necessary steps to remedy any condition found in violation by ordering by certified mail the discontinuance of said illegal uses or illegal work, and recommend to the Law Director appropriate action.
(b) The Planning and Zoning Administrator shall:
(1) Notify by certified mail the property owners and those violating this Zoning Code and any related ordinances of any non-compliance situations and shall order actions to correct or remedy said violations.
(2) Order by certified mail the discontinuance of illegal uses of land, buildings, or structures in violation therein; shall order by certified mail in accordance with legal procedures the removal of illegal buildings and structures or illegal additions or structural alterations; shall order discontinuance by certified mail of any illegal work under way.
(3) Take any other action authorized by the Zoning Code, any related ordinance, and/or Law Director to ensure compliance and prevent violations, including issuance of and actions on any zoning permits or certificates and other similar duties. The Planning and Zoning Administrator shall notify in writing the Planning and Zoning Commission and Law Director of all violations of this Zoning Code and any related ordinance.
(c) Appeals of the Planning and Zoning Administrator's orders may be filed with the Planning and Zoning Commission or Landmarks Commission, as appropriate. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) days of receipt of order. The Planning and Zoning Commission shall act in accordance with Section 1135.04 (c).
(Ord. 04-11. Passed 1-18-11.)
1139.01 PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is hereby created which shall consist of seven (7) residents of the Municipality. Members shall be appointed by the Mayor and approved by Council for terms of four (4) years each. In the case of a vacancy, the Mayor shall appoint and Council shall approve a replacement commissioner who shall serve the balance of the vacated term. All such members shall serve without compensation. The Planning and Zoning Commission may adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code. The Planning and Zoning Commission shall be the Planning Commission as outlined in Chapter 713 of the Ohio Revised Code.
(a) Meetings.
(1) The Planning and Zoning Commission shall hold regular meetings as determined by the Commission's Rules.
(2) An organizational meeting shall be held each January at which time the following officers shall be elected: chairperson; vice chairperson; secretary.
(3) A Special Meeting of the Planning and Zoning Commission can be called at the request of the Mayor or Commission chairperson or upon written notice by two (2) or more of its members; in all cases such request or notice shall be given at least twenty-four (24) hours prior to the meeting time.
(4) All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to Council. Nothing in this Code shall prevent the Planning and Zoning Commission from granting a continuance of a public hearing.
(b) Procedure. Four (4) members constitute a quorum. The Planning and Zoning Commission shall act by resolution passed by the vote of a majority of the members of the Planning and Zoning Commission. The chairperson, or in his/her absence the vice-chairperson, shall administer oaths and compel the attendance of witnesses. The Planning and Zoning Commission's secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Planning and Zoning Commission's examinations and other official actions, all of which are to be filed in the Municipal Building and are public record. All meetings shall be open to the public.
(c) Duties. The duties of the Planning and Zoning Commission are as follows:
(1) To hear and decide appeals where it is alleged there is in error in any order, requirement, decision, or determination made by the Planning and Zoning Administrator.
(2) To initiate amendments to the provisions of this Zoning Code and official Zoning Map and forward a recommendation to Council.
(3) To review all proposed amendments of this Zoning Code and Zoning Map, as per Chapter 1143, and to forward recommendations to Council.
(4) To review all proposed Preliminary development plans, as per Chapter 1173, and to forward recommendations to Council.
(5) To review and act upon applications for variances from the requirements of this Zoning Code, as per Chapter 1147.
(6) To review and act upon applications for conditional use permits, as per Chapter 1145 and all other pertinent sections of this Zoning Code.
(9) To review and act upon reconstruction and substitution of nonconforming uses.
(10) To act on major subdivisions, per the Subdivision Regulations of Canal Winchester.
(11) To make plans which show the Planning and Zoning Commission's recommendations for the character of both public and private streets, bridges, parks, open spaces, waterways, and utilities.
(12) To make plans which show the Planning and Zoning Commission's recommendations on the location and extension of streets, bridges, parks, open spaces, waterways, and utilities.
(13) To work with the Landmarks Commission and to make plans and recommendations for the control and care of historic structures and grounds not located in areas subject to the Landmarks Ordinance.
(14) To assist in the design of public works such as bridges, street fixtures, public art, and visible utilities.
(15) To work in cooperation with the Street Tree Advisory Board and to make plans and recommendations for the control, installation, and care of trees and other vegetation.
(16) To administer and make recommendations for the application of the Comprehensive Community Plan, and other municipal planning documents adopted by Council.
(17) To hear and decide appeals of the decision of the Chief Building Official in regards to the Residential Building Code.
(18) Other duties as may be directed by Council.
(d) Matters of Interpretation. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Planning and Zoning Administrator, and that such questions shall be presented to the Planning and Zoning Commission on appeal from the decision of the Planning and Zoning Administrator.
(Ord. 17-12. Passed 5-7-12.)
1139.02 LANDMARKS COMMISSION.
(a) The Landmarks Commission is hereby created which shall consist of seven (7) members serving terms of four (4) years each. Members shall be appointed by the Mayor and approved by Council. In the case of a vacancy, the Mayor shall appoint and Council shall approve a replacement commissioner who shall serve the balance of the vacated term. All potential members nominated shall have demonstrated an interest, experience, or knowledge in historic preservation. At least five (5) members shall be residents of the Municipality. The remaining two (2) members shall be residents or property-owners within the Municipality. Whenever possible, the appointments should be made so the following qualifications are represented by the total membership of the Landmarks Commission:
(1) Four (4) resident/owners of property within the Old Town Overlay.
(2) One (1) owner/manager of a commercial/ industrial business within the Municipality.
(3) At least four (4) preservation-related professional members to the extent such professionals are available in the Community This shall include the professions of architecture, architectural history, history, archeology, urban planning, landscape architecture, art design, law, education, real estate, and historic preservation or related disciplines.
(b) Meetings.
(1) The Landmarks Commission shall hold regular meetings as determined by the Commission' s Rules.
(2) An organizational meeting shall be held each January at which time the following officers shall be elected: chairperson; vice chairperson; secretary.
(3) A Special Meeting of the Landmarks Commission can be called at the request of the Mayor or Landmarks Commission chairperson or upon written notice by two (2) or more of its members; in all cases such request or notice shall be given at least twenty-four (24) hours prior to the meeting time.
(4) All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present and absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to Council. Nothing in this Code shall prevent the Landmarks Commission from granting a continuance of a public hearing.
(c) Procedure. Four (4) members constitute a quorum. The Landmarks Commission shall act by resolution passed by the vote of a majority of the members of the Landmarks Commission. The chairperson, or in his/her absence the vice-chairperson, shall administer oaths and compel the attendance of witnesses. The Landmarks Commission's secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Landmarks Commission's examinations and other official actions, all of which are to be filed in the Municipal Building and are public record. All meetings shall be open to the public.
(d) Duties. The primary duty of the Landmarks Commission shall be to consider and take action on applications for Certificates of Appropriateness for properties within the Historic District and Preservation District, in conformance with the provisions of this chapter, Section 1175.01 (Old Town Overlay District), and the Canal Winchester Old Town Guidelines. In the performance of its duties, the Landmarks Commission may procure outside consultants for the purpose of obtaining specific expertise. The Canal Winchester Historical Society shall assist the Landmarks Commission in the performance of duties. In addition, the Landmarks Commission shall have the following duties:
(1) Cause or assist in conducting continuing survey(s) of cultural resources within the Municipality, according to guidelines established by the Ohio Historic Preservation Office.
(2) Make recommendations for designation of local landmarks, Historic Districts, and the Preservation District pursuant to the provisions of Section 1139.02(e).
(3) Advise other officials and municipal departments regarding protection of local cultural resources.
(4) Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(5) Work toward the continuing education of citizens regarding historic preservation issues and concerns.
(6) Review and recommend all proposed National Register Nominations for properties within Canal Winchester.
(7) Conduct or encourage Landmarks Commission members to attend educational sessions at least once a year, or in-depth consultation with the Ohio Historical Preservation Office, pertaining to work or functions of the Landmarks Commission, or historic preservation issues.
(8) Provide a recommendation to the Planning and Zoning Commission prior to the review of any variances to Section 1175.01.
(e) Designation of Landmarks and Historic Districts.
(1) There are existing on the date of adopting this chapter, Landmarks, Historic Districts, and a Preservation District that have been previously designated. The provisions of this section shall not affect such past designations.
(2) Council may designate specific properties as Landmarks, portions of the Municipality as Historic Districts, or portions of the Municipality as the Preservation District. Such designations shall occur after receiving recommendations from the Landmarks Commission. Prior to designation, Council shall notify property owners of the proposed district(s) as appearing on the Franklin and/or Fairfield County Auditor's current tax list, and hold a public hearing. Notification of such hearing shall be published at least ten (10) days in advance of such hearing, in a paper of general circulation in the Municipality.
(3) Within thirty (30) days following such hearing, Council shall take action on the designation. In acting on such designation, Council shall consider the recommendations of the Landmarks Commission and Canal Winchester Area Historical Society, the public hearing, and shall find that at least two of the following criteria apply:
A. The property is included in the National Register of Historic Places.
B. The property or area possesses a unique location or singular physical characteristic representing an established visual feature of a neighborhood, community of Canal Winchester.
C. The character, interest or value of the property is part of the development or heritage of Canal Winchester, State of Ohio, or United States.
D. The property is an example of the cultural, economic, social, archaeological or historic heritage of Canal Winchester.
E. The property or area relates directly to other distinctive areas or properties which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.
(Ord. 17-12. Passed 5-7-12.)
(f) The City shall cause a notice to be provided, by regular mail, to each property in the Old Town Overlay District, or on which any designated local landmark subject to the Landmarks Commission jurisdiction is located. The notice shall be provided not less than once per calendar year, and shall include a statement that no construction, reconstruction, exterior alteration, or demolition shall be made without first obtaining a Certificate of Appropriateness from the Landmarks Commission. Failure of a person to receive the notice shall not excuse the requirements of this Section or of Section 1175.01 of the Codified Ordinances.
(Ord. 22-028. Passed 9-6-22.)
1139.03 COUNCIL.
Council shall have the following powers and duties with respect to the administration and enforcement of this Zoning Code:
(a) To review, render decision, and enact amendments to the provisions of this Zoning Code and official Zoning Map.
(b) To initiate amendments to the provisions of this Zoning Code and official zoning map through ordinance or resolution and forwarding said action to the Planning and Zoning Commission for review and recommendation.
(c) To hear and decide appeals from the Planning and Zoning Commission determinations relative to conditional use, variance, site development plan, and development plan, requests and interpretations of this Zoning Code.
(d) To hear and decide appeals from the Landmarks Commission determinations relative to Certificate of Appropriateness requests.
(e) To designate specific properties as Landmarks, portions of the Municipality as Historic Districts, or portions of the Municipality as the Preservation District.
(f) Request by resolution or require by ordinance duties of the Planning and Zoning Commission.
(Ord. 17-12. Passed 5-7-12.)
1141.01 PURPOSE.
(a) Site plans are intended to insure ample provisions for the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development. They are further intended to supplement the provisions of the Subdivision Regulations and to further the purposes and provisions of this code for developments other than subdivision developments.
(b) The purposes of this chapter are (1) to state the specific additional requirements applicable to the development of land in certain zoning districts, (2) to prescribe the standards for the preparation of submission of site plans, and (3) to prescribe the standards for the design and construction of required improvements.
(Ord. 53-07. Passed 9-4-07.)
1141.02 ADMINISTRATION.
(a) No permit shall be issued by any administrative officer for the construction of any building in any area covered by a site plan except in conformity with the provisions of Chapter 1141 and a duly approved site plan. No building permit shall be issued without an approved site plan, signed by the Planning and Zoning Administrator in accordance with Section 1141.09, when required.
(b) An approved site plan is required for the following:
(1) Any use or development involving new construction, reconstruction or expansion of structures in all zoning districts except for single-family detached dwelling units, duplexes or accessory structures in residential districts.
(2) Any development in which automobile parking spaces are to be used by more than one (1) establishment.
(3) When a change is proposed in the exterior elements of a previously approved site plan.
(4) When an existing residential use is proposed for change to a commercial, industrial or multi-family residential use.
(5) All public and/or semi-public buildings and institutions.
(c) Major Site Plans. Any required site plan of 2,000 or greater square feet of gross floor area shall be considered a Major Site Plan. All Major Site Plans shall be approved by the Planning and Zoning Commission.
(d) Minor Site Plans. Required site plans for non-residential developments of less than 2,000 square feet in gross floor area shall be considered a Minor Site Plan. Minor Site Plans may be reviewed and approved by the Planning and Zoning Administrator. An application for minor site plan review and approval shall comply with Section 1141.05 unless otherwise directed by the Planning and Zoning Administrator. At the Planning and Zoning Administrator's discretion, an application for minor site plan may be forwarded to the Planning and Zoning Commission for their review and approval.
(Ord. 53-07. Passed 9-4-07.)
1141.03 PROCEDURE FOR PREPARING AN APPLICATION SUBMITTAL.
(a) It is strongly recommended that, prior to submitting a site plan application, the applicant meet with municipal officials regarding plan requirements.
(b) A written application for site plan shall be filed with the Planning and Zoning Administrator. For Major Site Plans, the application shall be filed twenty-one (21) days prior to the Planning and Zoning Commission meeting date. Twelve (12) 11" by 17" size copies and two (2) full size copies of all plans and supporting information including, but not limited to, information listed in Section 1141.05, as applicable, shall be included with the major site plan application filing. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a site plan application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1141. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete site plan application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(c) A fee as stipulated by ordinance, paid by the applicant, shall be included with all site plan application filings.
(d) All site plans shall be prepared by a professional engineer duly registered by the State of Ohio and include a boundary survey, conducted within two (2) years of the submittal date, by a professional land surveyor duly registered by the State of Ohio.
(e) Site plans and related engineering plans shall be prepared at a scale not smaller than one (1) inch equals one hundred (100) feet. Site plans may be prepared on one or more sheets to clearly show the information required by this chapter, and to facilitate the review and approval of the site plan. If prepared on more than one sheet, match lines shall be used to clearly indicate where the several sheets join. No sheet shall exceed forty-two (42) inches horizontally and twenty-eight (28) inches vertically in size.
(Ord. 53-07. Passed 9-4-07.)
1141.04 MINOR SITE PLAN REVIEW BY THE PLANNING AND ZONING ADMINISTRATOR.
The Planning and Zoning Administrator shall act on Minor Site Plans within thirty (30) days upon receiving a complete application. The Planning and Zoning Administrator may consult with the Technical Review Group as necessary. The Planning and Zoning Administrator may attach conditions to the Minor Site Plan approval as may be reasonably required for the public health, safety and welfare.
(Ord. 53-07. Passed 9-4-07.)
1141.05 SITE PLAN REVIEW BY THE PLANNING AND ZONING COMMISSION.
Every site plan submitted in accordance with this chapter shall contain the following information:
(a) A boundary survey conducted within two years of the application submittal.
(b) The name of the development, the name and address of the property owner and developer, north point, date of the plan being submitted, scale and number of sheets.
(c) The name of property owners, zoning, and present use of adjoining lands.
(d) Location of all minimum building setback lines.
(e) Location, type, and size of existing vehicular ingress and egress to the site.
(f) Location, names, and dimensions of proposed and existing streets, buildings, easements and drainage ways.
(g) Location, type, size and height of all fencing, screening, and buffering where required by this Code.
(h) Provisions for the adequate control of erosion and sedimentation indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction.
(i) All off-street parking and parking bays, loading spaces, ingress and egress and walkways indicating type of surfacing and showing the number of parking spaces provided and the number of parking spaces required.
(j) Number of floors, floor area, height and location of each building, and proposed general use for each building. In a multi-family residential building, the number, size, and type of dwelling units shall be shown.
(k) Building elevations depicting actual composition and architectural style for all proposed structures.
(l) Preliminary plans for the provision of, but not limited to, water, wastewater and stormwater utilities.
(m) The location of any proposed refuse removal pads.
(n) Location and size of all recreation and open space areas.
(o) Special Flood Hazard Area limits established by the Federal Emergency Management Agency's Flood Insurance Rate Maps on file with the Floodplain Administrator and/or accepted engineering methods. Special Flood Hazard Area limits shall be shown on all plan sheets.
(p) The location, width, size, and purpose of all existing easements and rights-of-way and whether they are to be publicly or privately maintained.
(q) Such other relevant data as the Planning and Zoning Commission or the Planning and Zoning Administrator may require.
(Ord. 53-07. Passed 9-4-07.)
1141.06 ENGINEERING CONSTRUCTION PLANS REVIEW BY THE TECHNICAL REVIEW GROUP.
In preparing required engineering construction plans, the applicable provisions of the municipality's Subdivision Regulations shall be followed. All improvements required by Chapter 1141 and by the Subdivision Regulations shall be installed at the cost of the developer in accordance with design and construction standards of the municipality. Engineering construction plans submitted in accordance with this chapter shall contain the information in Section 1141.05 in addition to the following:
(a) Existing topography with a maximum two (2) foot contour intervals and the proposed finished grading by contour.
(b) Provisions for the adequate disposition of natural and storm water on and off-site, in accordance with current design criteria and construction standards of Canal Winchester including, but not limited to, the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes, and other drainage structures.
(c) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the Municipal Engineer.
(d) All existing and proposed water facilities including all water mains, their sizes, valves and fire hydrant locations. A detailed water connection plan sheet shall be provided indicating the size and location of the water line connection into the building(s), back flow prevention and, when applicable, the size and location of the fire suppression line.
(e) A landscaping and lighting plan.
(f) The location, width, size, and intended purpose of all easements and rights-of-way and whether they are to be publicly or privately maintained. A plan copy, suitable for recording, shall be submitted showing any rights-of-way and/or easements for public dedication.
(Ord. 53-07. Passed 9-4-07.)
1141.07 REVIEW PROCEDURE; PLANNING AND ZONING COMMISSION.
(a)
The Planning and Zoning Commission shall act on site plans presented to it within a reasonable time. The property owner or applicant shall be advised as to the decision of the Planning and Zoning Commission by letter and/or legible markings and notes on the plans.
(b) Public Notification for the review of Major Site Plans shall consist of listing on the Planning and Zoning Commission's meeting agenda posted in accordance with the Planning and Zoning Commission's Rules.
(c) All updated site plans and supporting information submitted for the Planning and Zoning Commission's review shall include all revisions requested by the Commission. Upon the submittal of updated site plans and supporting information, the Planning and Zoning Administrator shall review the submittal for compliance with the requested revisions. Should any information not be included with the updated submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by village officials until the requested revisions have been made.
(d) The Planning and Zoning Commission may attach conditions to the Site Plan approval as may be reasonably required for the public health, safety and welfare.
(e) Approval of a Site Plan by the Planning and Zoning Commission shall expire twelve (12) months from the date of such approval unless building permits have been obtained for construction in accordance therewith. A single extension, not to exceed six (6) months, may be given by the Planning and Zoning Commission upon written request by the property owner or applicant. (Ord. 53-07. Passed 9-4-07.)
1141.08 REVIEW PROCEDURE, TECHNICAL REVIEW GROUP.
(a) The Technical Review Group shall act on engineering construction plans presented to it within a reasonable time. The property owner or applicant shall be advised as to the decision of the Technical Review Group by letter and/or legible markings and notes on the plans.
(b) All updated engineering construction plans and supporting information submitted to the Technical Review Group for review shall include all revisions and/or clarifications as previously requested. Should any information not be included with the updated submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by the Technical Review Group until the requested revisions have been made and/or clarifications have been provided.
(c) Approval of engineering construction plans by the Technical Review Group shall expire twelve (12) months from the date of such approval. A single extension, not to exceed six (6) months, may be given by the Technical Review Group upon written request by the property owner or applicant. (Ord. 53-07. Passed 9-4-07.)
1141.09 FINAL APPROVAL PROCESS.
(a) Final approval of all site plans shall be shown by the signature of the Planning and Zoning Administrator on the final plan.
(b) Prior to this final approval, any required engineering construction plans shall be approved and signed by the Technical Review Group.
(c) Prior to final approval, there shall be executed by the property owner or applicant and submitted to the municipality an agreement to construct such required physical improvements that are located within public rights-of-way or easements or that are connected to any public facility in form and substance as approved by the municipality, together with a bond with surety, cashiers check or escrow account in the amount of the estimated construction cost of the required improvements as approved by the municipal engineer. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Technical Review Group, which time may be extended upon written agreement. The municipal engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to the project. The amount of the restoration bond shall be as determined by the municipal engineer based on his estimate of potential damage.
(d) The property owner or applicant shall present to the municipality any dedication or easement documentation for approval prior to recordation. The property owner or applicant shall provide the municipality with a copy of any recorded dedication or easement. Upon satisfactory completion of the required improvements, the municipality shall release any remaining bonds.
(e) Site infrastructure improvements for the area proposed under the site plan may proceed following (1) the approval and signing of the engineering construction plans by the Mayor and applicable member of the Technical Review Group, and (2) the holding of a preconstruction meeting with the municipality. The property owner or applicant is responsible to contact the municipality's Construction Services Administrator to schedule the preconstruction meeting.
(Ord. 53-07. Passed 9-4-07.)
1141.10 MODIFYING AN APPROVED SITE PLAN.
(a) Any agreements or changes to an approved major site plan, including all supporting materials, between the property owner or applicant and a separate third party shall also be approved by the Planning and Zoning Commission. Otherwise, the Planning and Zoning Commission may rescind their site plan approval.
(b) An approved site plan may be modified from the original approval in accordance with this subsection. Such modification shall be approved by the Planning and Zoning Commission, in the case of a major site plan, and by the Planning and Zoning Administrator, in the case of a minor site plan. The property owner(s) or applicant(s) shall file a written application to modify the approved site plan with the Planning and Zoning Administrator accompanied by a fee as stipulated by ordinance. In considering a modification, the applicable provisions of Chapter 1141 shall apply. However, minor technical changes to an approved Major or Minor Site Plan, which do not substantially alter the original site plan layout, may be approved by the Planning and Zoning Administrator.
(Ord. 53-07. Passed 9-4-07.)
1141.11 APPEALS.
(a) Appeal of Planning and Zoning Administrator Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving an application for site plan approval shall have the right to file an appeal with the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) calendar days of the decision of the Planning and Zoning Administrator. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information. The Planning and Zoning Commission shall have a maximum of seventy-five (75) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Administrator's decision, a majority vote of the full membership of the Planning and Zoning Commission shall be required.
(b) Appeal of Planning and Zoning Commission Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission involving an application for site plan approval shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Commission. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within twenty-one (21) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(c) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(d) In approving a site plan on appeal, Planning and Zoning Commission or Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said site plan is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135, and shall result in revocation of the site plan approval and respective Certificate of Zoning Compliance.
(Ord. 23-005. Passed 2-6-23.)
1141.12 ENVIRONMENTAL ANALYSIS.
(a) Purpose and Intent. The environmental analysis is intended to protect the environmental integrity of land within the Municipality and address identified municipal concerns. This provision is also intended to ensure ample provisions for the efficient use of land and to promote high standards in layout and design. The environmental analysis supplements the provisions of the Subdivision Regulations and Site Development Plans. The purpose of this section is to state the specific requirements applicable to the development of land in environmentally sensitive areas, and to prescribe the standards for the preparation and submission of an environmental analysis.
(b) Environmental Analysis Required. Before any use or development involving new construction, reconstruction or expansion of structures can begin, an environmental analysis shall be required and shall be submitted if any portion of the parcel(s) meets one or more of the following criteria:
(1) The parcel is located in the 100-year floodplain.
(2) The parcel contains one or more wetlands.
(3) 15% or more of the soil is hydric or contains hydric soil inclusions.
(4) The parcel contains a stream or other natural water feature.
(5) The parcel contains an agricultural drainage ditch.
(6) 25% or more of the total area of the parcel has slopes over 20%.
(7) 25% or more of the site is woodlands, as defined in Chapter 1133.
(c) Exemptions. No zoning district shall be exempt from this requirement.
(d) Preparation. The environmental analysis shall be prepared by persons professionally qualified to do such work. Every analysis shall consist of a map identifying all of the features outlined in paragraph (b) above and a report detailing the approximate size of each of the features illustrated on the map and the mitigation strategies that will be used by the owner/developer in these areas. The map shall be prepared at a scale of one (1) inch equals five hundred (500) feet or less. One copy of the map and report shall be submitted to the Planning and Zoning Administrator for review.
(e) Decision. Once the environmental analysis is submitted to the Planning and Zoning Administrator, the Planning and Zoning Administrator has ten (10) days to review the analysis. If the Planning and Zoning Administrator determines that the analysis is complete, the Planning and Zoning Administrator shall certify such in writing to the property owner/developer. If the Planning and Zoning Administrator determines that the environmental analysis is incomplete or lacks utilization of the most current data, the Planning and Zoning Administrator shall certify such in writing to the property owner/developer. The property owner/developer then has ten (10) days to submit a revised analysis for consideration.
(Ord. 04-11. Passed 1-18-11.)
1143.01 INITIATION.
The provisions of this Zoning Code or Zoning Map may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of three (3) ways:
(a) By adoption of a motion by the Planning and Zoning Commission.
(b) By adoption of a resolution by Council.
(c) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments of provisions of this Zoning Code.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1143.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for amendment of this Zoning Code, including all supporting materials, initiated by property owner(s) or lessee(s) shall be submitted to the Planning and Zoning Commission. This process is separate from the requirements of Planned Districts (Chapter 1173).
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for amendment shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the property(s).
(4) The present use and present zoning district of the property(s).
(Ord. 41-01. Passed 8-20-01.)
(5) A list of all property owners within two hundred and fifty (250) feet from any portion of the property(s) in questions. The list of addresses shall correspond to the County Auditor’s current tax list.
(Ord. 55-11. Passed 10-17-11.)
(6) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. The proposed use of all parts of the lot and structures.
C. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
D. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Commission and/or the Planning and Zoning Administrator to review the application.
(8) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.
(9) At the discretion of the Planning and Zoning Administrator, an engineer's estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer's estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from said generation may be required by the Planning and Zoning Commission.
(10) For all developments over twenty-five (25) acres, and/or for commercial and industrial developments over 10,000 square feet and/or for any development that requires direct access to a major thoroughfare and/or for any development that is not contiguous with existing water and sewer, a fiscal/economic impact study will be required to determine if the development will require immediate or short-term expenditures on the part of the municipality in terms of infrastructure and/or support services.
(Ord. 41-01. Passed 8-20-01.)
1143.03 CRITERIA FOR REVIEW.
All rezoning activities must be consistent with the adopted comprehensive plan. The Planning and Zoning Commission shall, at the minimum, consider the following factors in the review of the application:
(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(b) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.
(c) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.
(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(Ord. 41-01. Passed 8-20-01.)
1143.04 REVIEW PROCEDURE - PLANNING AND ZONING COMMISSION.
(a) Filing and Acceptance of Application. A written application for an Amendment and twelve (12) 11" by 17" size copies and two (2) full size copies of all plans and supporting information shall be filed with the Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting date. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1143
. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete Amendment Application shall be reviewed by village officials until all required information has been received by the Planning and
Zoning Administrator.
(b) Public Hearing. The Planning and Zoning Commission shall hold a public hearing promptly. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing on the website of the City of Canal Winchester. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination.
(d) Notice to Property Owners. Written notice of the public hearing shall be mailed by the Municipality at least ten (10) days prior to the date of a scheduled public hearing to all property owners proposed to be rezoned or within two hundred and fifty (250) feet of any portion of such area proposed to be rezoned or redistricted as listed under Section 1143.02(c)(5). The notice shall correspond to subsection (c) hereof in content. Notices shall be sent by certified mail when an amendment proposes to rezone or redistrict ten (10) or less properties. Notice may be sent by certified mail or regular first class mail when an amendment proposes to rezone or redistrict eleven (11) or more properties.
(Ord. 23-005. Passed 2-6-23.)
1143.05 REVIEW PROCEDURE - COUNCIL.
(a) Receipt of Planning and Zoning Commission's Recommendation. The property owner or applicant shall provide the Planning and Zoning Administrator with fifteen (15) 11" by 17" size copies and two (2) full size copies of all plans and supporting information of updated plans and supporting information that, when applicable, includes all revisions as requested by the Planning and Zoning Commission. Should any information not be included with this submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete Amendment Application shall be forwarded to Council until the application, including all plans and supporting information, has been revised as requested by the Planning and Zoning Commission.
(b) Public Hearing. Upon receipt of such recommendation, Council shall schedule a public hearing within sixty (60) days of said receipt. Nothing in this section shall prevent the Council from continuing a public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least thirty (30) days prior to a scheduled public hearing on the website of the City of Canal Winchester. Such notice shall include time and place of the public hearing, nature of the proposed amendment, and a summary of the Planning and Zoning Commission’s recommendation.
(d) Notice to Property Owners. Written notice of the public hearing shall be mailed by the Municipality at least ten (10) days prior to the date of a scheduled public hearing to all property owners proposed to be rezoned or within two hundred and fifty (250) feet of such area proposed to be rezoned or redistricted as listed under Section 1143.02(c)(5). The notice shall correspond to subsection (c) hereof in content. Notices shall be sent by certified mail when an amendment proposes to rezone or redistrict ten (10) or less properties. Notices may be sent by certified mail or regular first class mail when an amendment proposes to rezone or redistrict eleven (11) or more properties.
(e) Action by Council. Within forty-five (45) days after public hearing, Council shall adopt or deny the recommendation of the Planning and Zoning Commission or adopt a modification thereof. To adopt the Planning and Zoning Commission's recommendation, a majority vote of the membership of Council is required. To reverse or modify the Planning and Zoning Commission's recommendation, a simple majority vote of the full membership of Council is required. An application for amending this Zoning Code that has been disapproved by Council shall be resubmitted to the Municipality no sooner than one (1) year of the date of such disapproval by Council.
(Ord. 23-005. Passed 2-6-23.)
1145.01 PURPOSE.
Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district and, if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control such uses shall be designated as conditional uses and allowable only upon review and approval by the Planning and Zoning Commission. Because of the uniqueness or special nature of a conditional use with respect to location, design, size, and method of operation, each such use that comes before the review of the Board shall be considered individually.
(Ord. 41-01. Passed 8-20-01.)
1145.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for a conditional use shall be made by property owner(s) or lessee(s) to the Planning and Zoning Commission.
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for a conditional use shall contain as a minimum:
(1) Name, address and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) A description of existing use, current zoning district, and proposed conditional use.
(4) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(5) A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request.
(6) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
C. Such additional information as may be required by this Zoning Code and/or requested by the Planning and Zoning Commission and/or Planning and Zoning Administrator to review the application.
(Ord. 41-01. Passed 8-20-01.)
1145.03 CRITERIA FOR APPROVAL.
The following considerations shall be examined in review of an application for a conditional use:
(a) The proposed use is a conditional use of the zoning district and the applicable development standards of this Zoning Code are met.
(b) The proposed use is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area.
(c) The proposed use will not adversely impact access, traffic flow, and other public facilities and services.
(d) The proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature.
(e) The proposed use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 41-01. Passed 8-20-01.)
(Ord. 41-01. Passed 8-20-01.)
1145.04 REVIEW PROCEDURE.
(a) Filing and Acceptance of Application. A written application for a Conditional Use and twelve (12) 11" by 17" size copies and two (2) full size copies of all plans and supporting information shall be filed with the Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting date. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1145. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete Conditional Use Application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. The Planning and Zoning Commission shall hold a public hearing promptly. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing on the website of the City of Canal Winchester. Such notice shall include time and place of the public hearing and nature of the proposed conditional use.
(d) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, certified mail, at least ten (10) days prior to the date of a scheduled public hearing to all property owners as listed under Section 1145.02
(c)(4). The notice shall correspond to subsection (c) hereof in content.
(e) Procedure at Hearing. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and render one of the following decisions:
(1) Approval of conditional use as requested.
(2) Approval of conditional use with modifications.
(3) Disapproval of conditional use.
The Commission shall apply the criteria in Section 1145.03 in reaching its determination. In approving a conditional use, the Commission may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made part of the terms under which the conditional use is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the conditional use approval and respective Certificate of Zoning Compliance.
The Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
(Ord. 23-005. Passed 2-6-23.)
1145.05 ISSUANCE OF PERMIT; EXPIRATION.
Upon approval of the Planning and Zoning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Planning and Zoning Administrator shall issue a conditional use permit to the applicant within ten (10) days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within two (2) years, including any construction or renovation. Such permit shall expire if a conditional use is discontinued for more than six (6) months. The conditional use permit serves as a contract between the municipality and the property owner. The property owner must follow the conditions outlined in the permit and will be required to sign an affidavit stating such at the time that the conditional use permit is granted. If the property is sold, the new owner will be required to sign such affidavit within thirty (30) days of taking ownership. At that time, additional conditions may be attached to the conditional use permit by the Planning and Zoning Administrator. If the property owner does not sign such affidavit within thirty (30) days of taking ownership, the new owner must reapply for a conditional use permit.
(Ord. 41-01. Passed 8-20-01.)
1145.06 APPEALS.
(a) Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission involving an application for a Conditional Use shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Commission. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within thirty (30) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. In reaching a determination of a requested Conditional Use on appeal, Council shall consider Section 1145.03. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(b) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(c) In approving a Conditional Use on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said Conditional Use is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135, and shall result in revocation of the Conditional Use approval and respective Certificate of Zoning Compliance.
(Ord.23-005. Passed 2-6-23.)
1147.01 PURPOSE.
The issuance of a variance to permit exceptions to and variance deviation from the strict interpretation of the applicable regulations contained in this Zoning Code shall be under the authority of the Planning and Zoning Commission. In no case shall the granting of a variance allow a use not permitted under the subject district regulations.
(Ord. 41-01. Passed 8-20-01.)
1147.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for a variance shall be made by the property owner(s) or lessee(s) to the Planning and Zoning Commission. (Please See Section 1147.04 (a)).
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for a variance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The nature of the variance required to include what provisions of the Zoning Code are affected.
(4) A statement pertaining to and explaining the relation of the variance(s) requested to the criteria for approval as listed under Section 1147.03.
(5) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A plot plan to show:
A. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
B. The nature of the special conditions or circumstances.
C. The proposed use of all parts of the lot and structures.
D. The use of land and location of structures on adjacent properties.
E. Such additional information as may be required by this Zoning Code and/or requested by the Commission and/or the Planning and Zoning Administrator to review the application.
(Ord. 41-01. Passed 8-20-01.)
1147.03 CRITERIA FOR APPROVAL.
All relevant factors including but not limited to the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:
(a) That special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district.
(b) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Zoning Code.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That the granting of the variance will not confer on the applicant any undue privilege that is denied by this Zoning Code to other lands or structures in the same zoning district.
(e) That the granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(f) That the granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations.
(g) That the granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.
(Ord. 41-01. Passed 8-20-01.)
1147.04 REVIEW PROCEDURE.
(a) Filing of Application. A written application for a Variance and twelve (12) 11" by 17" size copies and two (2) full size copies of all supporting information shall be filed with the Planning and Zoning Administrator at least twenty-one (21) days prior to the Planning and Zoning Commission meeting date. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with Chapter 1147. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete Variance Application shall be reviewed by Village officials until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. The Planning and Zoning Commission shall hold a public hearing promptly. Nothing in this section shall prevent the Commission from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one (1) notice shall be given at least ten (10) days prior to a scheduled public hearing on the website of the City of Canal Winchester. Such notice shall include the time and place of the public hearing and the nature of the proposed variance(s).
(d) Notice to Property Owners. Written notice of the hearing shall be mailed by the Municipality, certified mail, at least ten (10) days prior to the date of a scheduled public hearing to all property owners as listed under Section 1147.02(c) (5). The notice shall correspond to subsection (c) hereof in content.
(e) Recommendation from the Landmarks Commission. Variances to Section 1175.01 (Old Town Overlay District) shall require a recommendation from the Landmarks Commission prior to the public hearing held by the Planning and Zoning Commission. The Landmarks Commission shall consider variance applications per the criteria of approval found in Section 1147.03.
(f) Procedure at Hearing. Within thirty-five (35) days of the public hearing, the Planning and Zoning Commission shall review the application and render one of the following decisions:
(1) Approval of variance(s) as requested.
(2) Approval of variance(s) with modifications.
(3) Disapproval of variance(s).
The Commission shall apply criteria in Section 1147.03 in reaching its determination. In approving a variance(s), the Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein.
The Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed.
(Ord. 23-005. Passed 2-6-23.)
1147.05 APPEALS RELATIVE TO SIGNAGE AND OFF-STREET PARKING.
An appeal may be filed with the Planning and Zoning Commission for relief from the strict enforcement of Zoning Code requirements relative to nonconforming signs and nonconforming surface treatment of off-street parking areas, provided the Applicant shows:
(a) That the unlawful nonconforming situation has existed a minimum of five (5) years prior to the effective date of this Zoning Code.
(b) That special circumstances or conditions exist which are peculiar to the structure(s) involved and which prevent the applicant from meeting the requirements of this Zoning Code.
(c) That the special circumstances of conditions do not result from the actions of the applicant.
(d) That the granting of an appeal will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 41-01. Passed 8-20-01.)
1147.06 ISSUANCE OF ZONING CERTIFICATE.
Upon approval of the Planning and Zoning Commission or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Planning and Zoning Administrator shall issue a Certificate of Zoning Compliance for all approved variances to the applicant within ten (10) days of approval. The requirements relative to expiration of Section 1135.05 shall apply.
(Ord. 41-01. Passed 8-20-01.)
1147.07 APPEALS.
(a) Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission involving an application for a Variance shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Commission. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within thirty (30) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. In reaching a determination on a requested Variance on appeal, Council shall consider Section 1147.03. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(b) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(c) In approving a Variance on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said Variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the Variance approval and respective Certificate of Zoning Compliance.
(Ord. 23-005. Passed 2-6-23.)
1149.01 GENERAL.
The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting this Zoning Code or amendment hereto, may be continued, although such use does not conform with the provisions of this Zoning Code or amendment hereto, as provided herein. It is the intent of this Zoning Code to permit these nonconforming situations to continue until such time that they are removed, but not to encourage their continued use or expansion except as provided for herein.
(Ord. 41-01. Passed 8-20-01.)
1149.02 NONCONFORMING LOTS.
(a) The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning and Zoning Commission in accordance with Chapter 1147.
(b) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of this Zoning Code. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.
(Ord. 41-01. Passed 8-20-01.)
1149.03 NONCONFORMING STRUCTURES AND DEVELOPMENTS.
Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located may be altered, reconstructed or extended on appeal to the Planning and Zoning Commission, provided the applicant shows that:
(a) The nonconforming structure and development was lawful at the time of enactment of this Zoning Code.
(b) Such tax parcel has been under the same ownership for not less than two years;
(c) Such alteration, reconstruction or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(d) Such extension shall not increase the total floor area by more than fifty (50) percent.
(e) No extension shall be requested within two (2) years of the last previous extension as approved by the Planning and Zoning Commission.
(Ord. 41-01. Passed 8-20-01.)
1149.04 NONCONFORMING USES.
The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following:
(a) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing at the time of enactment of this Zoning Code, may be continued. However, if any such nonconforming use is voluntarily discontinued for a period of six (6) months or more, any future use of such land shall be in conformity with this Zoning Code.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two (2) years.
(3) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(4) No expansion shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(c) Substitution. On approval of an appeal to the Planning and Zoning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning and Zoning Commission, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two years.
(3) Such substitution is compatible with adjacent land use, adjacent zoning, an to appropriate plans for the area.
(4) No substitution shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Commission.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half (1/2) of its fair value, and provided such reconstruction is started within twelve (12) months of such calamity and is continued in a reasonable manner until completed.
(Ord. 41-01. Passed 8-20-01.)