Canfield City Zoning Code
TITLE THREE
Zoning Administration
1121.01 TITLE; LIMITS.
For the purpose of reference and citation, Titles Three to Nine of this Part Eleven - Planning and Zoning Code shall be known as the Zoning Ordinance of the Municipality and may be referred to as the Zoning Ordinance.
This Ordinance has been developed in accordance with the goals and objectives of the Comprehensive Plan, and is designed and intended to promote the health, safety and general welfare of the residents of the Municipality, to encourage sound and orderly growth and to protect existing development through conservation of property values.
The entire land area within the incorporated limits of the Municipality, except for land owned by or used by the Municipality, is subject to the provisions specified in this Ordinance. Land owned by and/or used by the Municipality is regulated by the Municipal Council.
(Ord. 1994-11. Passed 3-1-94.)
1121.02 REQUIREMENTS GENERALLY.
(a) The provisions specified in the Zoning Ordinance shall be the minimum requirements for the promotion of the public health, safety and general welfare.
(b) (1) Where the provisions specified in this Ordinance exceed the requirements specified in other Municipal, County, State or Federal ordinances, statutes or regulations, the provisions required in this Ordinance shall be followed.
(2) Where the provisions specified in this Ordinance exceed the requirements specified in other ordinances of the Municipality the provisions required in this Ordinance shall be followed.
(c) (1) On all lots which are located in an area which is under the jurisdiction of the D-Design Area, as delineated on the Design Area Map or by ordinance, no zoning certificate shall be issued until all plans relating to the proposed use of the area in question have been reviewed and approved by the Design Review Committee in accordance with the requirements outlined in Chapter 1129. If a contradiction exists between the Design Area Map and the Codified Ordinances, the Ordinances shall be the controlling authority.
(2) On all lots which are located in an area which is under the jurisdiction of the Historical Preservation Area as delineated on the Historical Preservation Area Design Map, no zoning certificate or permit shall be issued until all plans relating to the proposed use of the area in question have been reviewed and approved by the Historical Preservation Area Review Committee in accordance with the applicable requirements outlined in Chapter 1129. If a contradiction exists between the Historical Preservation Area Design Map and the Codified Ordinances, the Ordinances shall be the controlling authority.
(d) No building or structure shall be constructed, enlarged, converted, structurally altered or reconstructed, nor shall any building or structure be moved onto a zoning lot which does not conform with the provisions specified in this Ordinance.
(e) No legally described parcel of land or any other lot shall be created that is not in conformance with the provisions specified in this Ordinance.
(f) Following the adoption of this Ordinance, no building or structure shall be constructed or altered so as to:
(1) Exceed the height, area or yard requirements of the zoning district in which such building or structure is located.
(2) Accommodate or house more dwelling units than permitted on a lot in the zoning district in which such building or structure is located.
(g) Following the adoption of this Ordinance, no land shall be used for a purpose that is not in conformance with the provisions specified in this Ordinance, except temporary structures shall be permitted in any zoning district provided that such structure or use is of a temporary nature, and further provided that such use does not involve or require the erection of a substantial building or structure. A temporary and revocable permit, granted for a period not to exceed twelve months, shall be required for all temporary structures.
(h) Any legal use, building or structure, excluding signs, which existed prior to the adoption of this Zoning Ordinance (Ordinance 1973-44, passed December 18, 1973) may be continued as a non-conforming use, subject to the provisions specified in this Ordinance.
(i) Every building or structure constructed or placed on a lot in the Municipality shall be located on a lot herein defined; and in no case shall there be more than one principal building on a lot, except as permitted in this Ordinance.
(j) No yard, or part thereof, open space, off-street parking or loading space that is required for a building, structure or use for the purpose of complying with the provisions of this Ordinance shall be considered in the meeting of the same or similar requirements for another building, structure or use.
(k) No free standing principal building located in any O, R-O, B-1, B-2, B-3, M or S zoning district shall contain less than 200 square feet of floor area on the ground floor.
(l) No curb cuts shall be permitted without proper approval.
(m) This Ordinance shall not require any changes or alterations to be made to any plans, layout, construction, size or designated use of any development, building, structure or part thereof which have been officially approved and have had the required permits issued prior to the adoption of this Ordinance, provided that construction is started within six months of the passage of this Ordinance and completed two years thereafter; and that such construction is carried out in conformance with the approved plans. All permits for construction which are not begun within six months of the adoption of this Ordinance are hereby revoked and void.
(Ord. 1973-44. Passed 12-18-73.)
1123.01 DEFINITIONS.
As used in this Zoning Ordinance, the following words and phrases shall have the meaning ascribed herein, unless otherwise specifically provided.
(1) "Accessory building" means a subordinate building which is customarily incidental to and located on the same lot as the main or primary building, such as a detached garage or utility building, within a residential zoning district. Accessory buildings are prohibited in all non-residential zoning districts. An accessory building in a zoning district must match the primary building in terms of materials, color and architecture and shall not contain more than thirty-five percent (35%) of the first-floor area of the main building and in no case shall the total area of all accessory building on a lot comprise more than thirty-five percent (35%) of the building area of the rear yard in which it is located.
(Ord. 2022-09. Passed 3-2-22.)
(2) "Accessory use" means a subordinate use which is customarily incidental to and located on the same lot as the main or primary building. An accessory use in an R- 1 zoning district shall not contain more than thirty-five percent (35%) of the first floor area of the main building, and in no case shall the total area of all accessory uses on a lot comprise more than thirty-five percent (35%) of the building area of the rear yard in which it is located.
(Ord. 1994-49. Passed 10-5-94.)
(3) "Adjustment" means a variation from a strict interpretation of the terms of this Ordinance, owing to peculiar conditions or circumstances which apply only to the property in question, and no other. Adjustments shall be granted only in accordance with Section 1127.03(b). Adjustments shall not be permitted for a use which is not permitted or a conditionally permitted use in the zoning district in which the property, building or structure is located.
(Ord. 1994-10. Passed 3-1-94.)
(4) "Agriculture" means the use of land, buildings or structures for general farming, dairying, pasturage, apiculture, floriculture, horticulture, viticulture, greenhouses and the sale of agricultural products, not including animal and/or poultry husbandry.
(5) "Alley" means a public or private way, thirty (30) feet or less in width, which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
(6) "Automobile wash" means any structure, or part thereof, used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner or a combination of both.
(7) "Automobile service station" means a place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and may include greasing and oiling on the premises and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling or major mechanical repair.
(8) "Automobile service station, repair garage" means a place where gasoline, kerosene or other motor fuel, lubricating oil or grease for operating motor vehicles may be offered for sale to the public and deliveries are made directly into motor vehicles, and may include greasing and oiling on the premises and replacement or installation of parts and accessories, including major repair work such as motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, radiator repairs and other similar major mechanical work.
(9) "Basement" means that portion of a building which is partly underground and which has one-half or more of its ceiling height above the average finished grade of the ground adjoining the building in which it is located. (A.O.)
(9.5) "Bed and breakfast" means an owner-occupied residential structure which provides for bed and breakfast accommodations for overnight guests only.
(Ord. 1993-28. Passed 5-5-93.)
(10) "Board of Appeals" means the Planning Commission functioning as the Board of Appeals.
(11) "Building" means any permanent or stationary structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property. At no time shall this definition be construed to include mobile homes.
(12) "Building height" means the vertical distance from the average ground level at the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip or gambrel roofs.
(13) "Building principal" means the building in which the main or chief use permitted on the zoning lot is conducted.
(14) "Building setback line" means the line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line; or the front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation, not including steps.
(15) "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or services.
(16) "Cellar" means a story partly underground and having more than fifty percent (50%) of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area or living area.
(17) "Charter" means the Charter of the Municipality. (Ord. 2001-12. Passed 3-7-01.)
(18) “Churches and Places of Worship” means a place of assembly of a recognized and legally established religious organization whose primary purpose is to conduct worship services, ceremonies, rituals, and related uses customarily incidental and accessary thereto including by way of example offices, educational services, youth programs, senior services, and ministerial programs.
(Ord. 2016-26. Passed 9-7-16.)
(19) "Clerk of Council" means the Clerk of Council of the Municipality.
(20) "Clinic" means an establishment where patients, animal or human, are not lodged overnight, but are admitted for examination and treatment by a doctor or group of doctors practicing medicine and/or dentistry together.
(21) "Club" means a building or portion thereof, or premises owned by a corporation, association, person or persons for a social, educational or recreational purpose, not primarily for a profit or to render a service which is customarily carried on as a business.
(22) "Commercial schools" means an educational establishment engaged in the training or instruction of a specific trade or employment skill. Examples of commercial schools would be secretarial schools, beauty schools and music schools.
(23) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general location and extent of present and proposed land use and transportation facilities including housing, industrial and commercial uses, highways and roads, parks, schools and other community activities. This plan establishes the goals, objectives and policies of the Municipality.
(24) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
(25) "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Planning Commission functioning as the Board of Zoning Appeals, to allow a use other than a principally permitted use to be established within the zoning district.
(26) "Condominium" is the same as a Dwelling, Multiple-Family, where each family owns its own dwelling unit but where the common areas of the building and site are owned and maintained jointly by the occupants.
(27) "Council" means the Municipal Council. (Ord. 1973-44. Passed 12-18-73.)
(28) “Daycare Facilities” means a facility or business that provides supplemental parental care or supervision for a group of children or adults on a regular basis for less than 24 hours a day under license by and in compliance with the laws of the State of Ohio.
(Ord. 2021-29. Passed 6-16-21.)
(29) "Depth of lot, piece or parcel" means the mean distance from the front lot line of the lot, piece or parcel to the rear line measured in the mean direction of the side lines of the lot, piece or parcel.
(30) "District" means zoning district.
(31) "Drainage way" means a watercourse, gully, dry stream, creek or ditch which carries storm water runoff, which is subject to storm flooding or ponding, which is fed by street or building gutters or by water sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch. (Ord. 1973-44. Passed 12-18-73.)
(32) "Dwelling" means any building, or portion thereof, designed and used exclusively as the residence of one or more persons, but not including a tent, cabin, travel trailer, tree house or a room in a hotel or motel.
(33) "Dwelling, single-family" means a building designed for and used exclusively for residential purpose by one family or housekeeping unit.
(34) "Dwelling, two-family, semi-detached" means a building designed for and used exclusively for residential purposes by two families or housekeeping units for residential purposes, having one party wall in common with the adjacent dwelling unit.
(35) "Dwelling, three to four-family" means a building designed and used exclusively by three to four families for residential purposes.
(36) "Dwelling, multiple-family" means a building, or portion thereof, designed for and used exclusively by three or more families or housekeeping units living independent of one another for residential purposes.
(Ord. 2021-26. Passed 6-2-21.)
(37) “Dwelling, detached” means a building having no party wall in common with another building.
(38) “Dwelling, mobile home” means any vehicle or mobile structure more than forty-eight (48) feet long, on wheels, skids, rollers or blocks, designed to be pulled, pushed or carried by a motor vehicle on a highway, and designed for living as a one-family dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities and the like.
(39) “Dwelling, row” means a dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwelling; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.
(40) “Dwelling unit” means a one-family dwelling or a portion of a two-family, three to four-family, multiple-family or row dwelling used by one family for cooking, living and sleeping purposes.
(41) “Essential service” means the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water generation, transmission or distribution systems, including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety and general welfare.
(42) “Establishment” means a building or structure used for commercial or industrial purposes including stores, shops, plants, factories, warehouses, wholesale houses and the like.
(43) “Family” means one or more persons occupying a dwelling or housekeeping unit provided that, unless all members are related by blood, adoption or marriage, no such family shall contain more than four persons. (Ord. 2001-12. Passed 3-7-01.)
(44) “Fence” means a constructed barrier, usually made of posts, wire, masonry and/or wood, used to prevent entrance, provide privacy or to confine persons or animals to an area.
(Ord. 1995-43. Passed 8-2-95.)
(45) “Finished grade” means the elevation of the surface of the ground adjoining the building after construction or required parking areas or driveways and after the planting of lawn and shrubbery or other required improvements.
(46) “Floor area” means the total horizontal area of all floors finished as usable area, including roofed porches and roofed terraces. Measurements of floor area shall be taken to the outside of the exterior walls. Floor area shall not include cellar or basement space; elevator and stair bulkheads; attic space; terraces, breezeways and open porches; uncovered steps; garages.
(47) “Frontage” means the property on one side of a street between two intersecting streets crossing or terminating, measured at the building line, or if the street is dead ended, then all of the property abutting on one end of the street.
(48) “Garage, private” means a detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
(49) “Garden apartments” means a multi-story, walk-up apartment building, usually grouped around a common open space, with off-street parking provided on the periphery of the site.
(50) “Gross density” means the population density of a particular area measured by the number of residents divided by the total number of acres, including street rights of way as well as residential land.
(51) “Health Department” means the Mahoning County Health Department.
(52) “Hedge” means a dense growth of shrubbery.
(Ord. 1973-44. Passed 12-18-73.)
(53) “Home occupation” means an activity or activities conducted within a dwelling unit or on a premises and which occupy the time, attention and labor of a person or persons for the purpose of earning a livelihood or profit. In order to be considered a home occupation as defined herein, a majority of the activities conducted in furtherance of the occupation must be conducted within the dwelling unit or on the premises.
(Ord. 1996-06. Passed 2-7-96.)
(54) “Hospital, animal” means any building or other enclosed structure containing spaces for any animals not belonging to the operator of such facility which allows for overnight or continuous care, diagnosis and treatment of animal illnesses or injuries.
(55) “Hospital, human” means any building or other structure containing beds for at least four patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
(56) “Industrial building” means any building or structure used for the purpose of manufacturing, processing, testing and similar industrial use, which may generate some objectionable characteristics, such as noise, smoke, dust or pollution, requiring large sites, open storage and service areas and ready access to regional transportation.
(57) “Institution” means a building occupied by a non-profit corporation or establishment for public use.
(58) “Kennel, animal shelter” means a building or structure which may also include outdoor pens or runs for dogs or other animals which are housed or boarded for a fee, or an establishment for the breeding of such animals.
(59) “Loading space” means a space for the standing, loading or unloading of motor vehicles.
(60) “Lot” means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights of way shall be included.
(61) “Lot area” means the computed area contained within the lot lines, excluding right of way.
(62) “Lot, corner” means a lot at the juncture of and fronting on two or more intersecting streets.
(63) “Lot, depth” means the mean horizontal distance between the front and rear lot lines.
(64) “Lot, interior” means a lot other than a corner lot, with only one frontage on a street.
(65) "Lot lines" means the property lines bounding the lot.
(66) "Lot line, front" means the line separating the lot from a street right of way.
(67) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(68) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(69) "Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the office of the County Recorder or County Auditor or on which the recording has been delayed by mutual consent of the sub-divider, developer and the Municipality.
(70) "Lot width" means the width of the lot measured at the building setback line.
(71) "Major Thoroughfare Plan" means the Major Thoroughfare Plan of, and as adopted by Council, establishing the location and official right-of-way widths of principal highways and streets in the Municipality, on file as part of the Comprehensive Plan.
(72) "Manager" means the City Manager.
(73) "Manufacturing" means production or industrial process, including food processing, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process, and which by nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried wastes. Any manufacturing or industrial process permitted in an "M" District shall comply with the performance standards for an Industrial Park and Manufacturing Development specified in Chapter 1163.
(74) "Mobile home" means any vehicle or mobile structure on wheels, skids, rollers or blocks, designed to be pulled, pushed or carried by a motor vehicle on a highway, and designed for living as a one-family dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities and the like.
(75) "Modular housing" means an assembly of materials or products comprising all or part of a total residential structure which, when constructed, is self-sufficient, or substantially self-sufficient, containing plumbing, wiring and heating at the point of manufacture, and which, when installed, constitutes a dwelling unit, except for necessary on-site preparations for its placement.
(76) "Motel" means a building or a group of two or more detached or semi-detached buildings containing guest rooms which are designed and intended or used primarily for the accommodation of travelers.
(77) "Municipal Council" means the Council of the Municipality of Canfield.
(78) "Municipality" means the City of Canfield.
(79) "Non-commercial recreational facility" means any private and public or semi-public recreational facilities which are not operated for profit. (A.O.)
(80) "Non-conformities" and "non-conforming use" means a legally existing use, building or structure which fails to comply with the standards set forth in this Zoning Ordinance applicable to the district in which it is located.
(Ord. 1994-12. Passed 3-1-94.)
(81) "Nursing home" means an establishment where persons are housed or lodged and furnished with meals and nursing or convalescent care for hire.
(82) "Private parking area" means an open area for the same use as a private garage.
(83) "Public parking area" means an open area other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(84) "Parking space" means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto, giving access thereto and having direct access to a street or alley.
(85) "Person" means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
(86) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, barber shops, beauty parlors and similar activities.
(87) "Planned Unit Development" means an area of land in which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as no separate lot lines and setbacks, as specified in Section 1141.09. The procedure for approval of such development contains a two-step procedure in addition to requirements of the standard subdivision, review and approval of the preliminary plan and the detailed final plans. (A.O.)
(88) "Planned Unit Development, final" means a detailed development plan of the property to be developed.
The detailed final PUD plan shall be prepared for the owner/developer and shall bear the original signature and/or original seal of the professionally competent engineer, architect or landscape architect; shall be in accordance with the approved preliminary PUD plan; and shall include the following:
(a) Survey of the tract to be developed showing existing physical features, general topography, drainage ways and tree cover and streets, easements and utility lines.
(b) Detailed site plans showing lot lines, building outlines, off-street parking spaces, pedestrian walkway and vehicular circulation.
(c) Preliminary building plans, including floor plans and exterior elevations.
(d) Landscaping plans including quantity, size and varieties of landscaping.
(e) Specific detailed engineering plans including site grading, street improvements, drainage, utility improvements and extensions as necessary.
(f) All necessary legal documentation relating to the organization of the legal entity created for the purpose of maintaining the required common open space included within the planned unit development.
(g) Copies of any restrictive covenants that are to be recorded.
(89) "Planned Unit Development, preliminary" means a general concept plan of the property to be developed including the following items:
(a) Boundaries of the tract to be developed on a planned unit basis.
(b) Base mapping of the tract showing the physical features, such as topography, drainage ways, water bodies, vegetation and existing land uses.
(c) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
(d) Location of different general land use areas proposed to be developed.
(e) Proposed density levels of each residential area (units per acre); total overall density.
(f) Proposed treatment of existing topography, drainage ways, tree cover and proposed storm water management plan.
(g) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the major thoroughfare plan.
(h) Proposed arrangement of required open space, location of schools, parks and other community facility sites.
(i) Time schedule of projected development.
(Ord. 1989-11. Passed 4-18-89.)
(90) "Planning Commission" means the Planning and Zoning Commission of the Municipality.
(91) "Plant cultivation" means the cultivation of crops, horticulture, floriculture, viticulture, including fruit trees, nursery stock, truck garden products, and similar plant materials.
(92) "Preliminary Planned Unit Development Plan" see Planned Unit Development, Preliminary.
(93) "Private recreation club" means any privately owned and operated recreation facility or area such as a golf course, tennis courts, ball fields and not including fraternal lodges or swimming pools.
(94) "Private street" means a street that is not dedicated to the Municipality.
(95) "Professional office" means any building or structure, the use of which is limited to providing professional services such as doctors, lawyers, accountants, architects, engineers, photographers, city planners and similar professions.
(96) "Public facilities" means any building or structure used by government for administrative or service purposes, but not including buildings devoted to the storage and maintenance of equipment and materials.
(97) "Public service facilities" means any buildings or structures devoted to the storage and maintenance of equipment and materials, including street equipment and materials, relating to essential services and operating under authority granted by a government body.
(98) "Public uses" means uses including public parking, schools and administrative, cultural and service buildings, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
(Ord. 1973-44. Passed 12-18-73.)
(99) "Recreational facilities" means uses (whether public or private) such as golf courses, tennis, other playing courts, playing fields, swimming facilities, playgrounds or other similar facilities where families or individuals may gather to engage in recreational or competitive activities.
(Ord. 2019-47. Passed 9-18-19.)
(100) "Recreational vehicle" means and includes:
(a) A "travel trailer" which is a vehicular, portable structure built on chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer;
(b) A "pick-up camper" which is a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use;
(c) A "motorized home" which is a portable dwelling designed and constructed as an integral part of a self-propelled vehicle;
(d) A "fold-tent trailer" which is a canvas folding structure, mounted on wheels and designed for travel and vacation use;
(e) "Boats" and "boat trailers" include boats, floats and rafts, plus the normal equipment to transport the same on the highway.
(Ord. 1973-44. Passed 12-18-73.)
(101) “Residential structure” means a building originally constructed and designed for private dwelling. (Ord. 2007-26. Passed 6-20-07.)
(102) "Resource and mineral extraction" means any mining, quarrying, excavating process, storing, separating, cleaning or marketing of any mineral natural resource.
(103) "Restaurant, sit-down" means an establishment whose primary function is the offering of food and beverages which are sold and normally consumed within the restaurant building.
(104) "Restaurant, carry-out" means an establishment whose primary function is the offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off the premises, but may be consumed within the restaurant building or on the premises.
(105) "Restaurant, drive-in" means an establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.
(106) "Retail establishment" means any business normally found in a business district, where goods or services are offered for sale in small quantities directly to the consumer.
(107) "Setback line" means the closest point at which a building may be constructed in relation to the lot line.
(108) "Sewers, central" means the sanitary sewerage system of the municipality.
(109) "Similar use” means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to a classification.
(110) "Stable" means any building located on a land use on which a residence is located, designed, arranged, used or intended to be used for housing horses for private use, benefit or pleasure of the occupants of the residence.
(111) "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or if there is no floor above, the portion between the floor and the ceiling above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
(112) "Structure" means an assembly of materials which form a construction for occupancy or use, including, but not limited to, buildings, structures, tents, platforms, stages, observation towers, radio, television and telephone towers, water storage tanks, trestles, piers, open sheds, shelters, fences, display signs and the like, which shall be construed to mean the whole or parts thereof.
(113) "Structural alterations" means any change in the supporting members of a building, such as walls, floors, columns, beams or girders.
(114) "Temporary structure" means structures of a temporary nature erected for a period not to exceed twelve months for such uses as construction offices or storage buildings at a construction site.
(115) "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(116) "Use-by-right" means a principal permitted use in a particular zoning district which is permitted in that district as a legal right under the terms of this Ordinance.
(117) "Utility building" means a detached accessory building used for the purpose of storing equipment and materials and/or housing parts of electrical, plumbing and heating systems for the main building.
(118) "Wall" means a boundary enclosure or separating barrier which is usually opaque.
(119) "Warehouse" means any building or structure which use is limited to the storage of equipment or material.
(120) "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.
(121) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Ordinance.
(122) “Yard, front" means a yard extending across the full width of the lot, the depth of which shall be the least perpendicular distance between the front lot line and the front of the main building.
(123) "Yard, rear" means a yard extending the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.
(124) "Yard, side" means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(125) "Zoning certificate" means the document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provisions.
(126) "Zoning Code" means Part Eleven of the Codified Ordinances of Canfield.
(127) "Zoning District" means a portion of the incorporated area of the City for which certain uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.
(128) "Zoning Inspector" means that person designated by the Manager in accordance with the Charter and Administrative Code to administer and enforce this Ordinance.
(129) "Zoning lot" means a single tract of land which, at the time of the filing for a zoning certificate, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefor, a zoning lot may or may not coincide with a lot of record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width.
(130) "Zoning Ordinance" or "Ordinance" as used in Titles Three to Seven of this Part Eleven - Planning and Zoning Code means Ordinance 1973-44, passed December 18, 1973, as amended. (Ord. 1973-44. Passed 12-18-73.)
1123.02 INTERPRETATION OF TEXT AND MAP.
(a) Whenever lands are incorporated into the Municipality through annexation, the zoning regulations which were in effect in the areas that are annexed areas shall remain in full force and shall be enforced by the appropriate county or township officials having jurisdiction, until the new zoning for such territory has been determined and adopted by the Municipality. The Planning Commission shall make such recommendation concerning the zoning of annexed lands to Council within sixty days after the annexation.
(b) In interpreting the text, the particular shall control the general.
(c) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary:
(d) The word "shall" shall be considered as mandatory; the word "may" as permissive; and the word "should" as preferred or desirable.
(e) The phrase "used for" includes arranged for, designed for, intended for, maintained for or occupied for.
(f) Where zoning district boundaries are delineated to follow, or approximately follow, property lines, such property lines shall be considered as the district boundaries.
(g) Where the zoning district boundaries are shown to follow, or approximately follow, the centerline or right-of-way lines of highways, streets or alleys, these centerlines or right-of-way lines shall be considered as the district boundaries.
(h) Whenever any highway, street, alley, railroad or other public right of way is officially abandoned by the Municipality, the adjoining zoning district boundary shall be automatically extended to the centerline of the abandoned right of way, and such area shall become subject to the regulations of the zoning district in which it is located. In the event that only a portion of a right of way is abandoned, the adjoining zoning district boundary, or the district boundary nearest the abandoned area shall be extended.
(i) Where zoning district boundaries are delineated to be parallel, or approximately parallel, to centerlines or right-of-way lines, the district boundary shall be considered as being parallel thereto, at the distance indicated on the Zoning Map. When no dimension is shown on the Map, the distance shall be determined in accordance with the scale shown on the Zoning Map. (Ord. 1973-44. Passed 12-18-73.)
1125.01 PURPOSE.
The Zoning Ordinance is designed and intended to promote the health, safety and general welfare of the residents of the Municipality.
(Ord. 1973-44. Passed 12-18-73.)
1125.02 ADMINISTRATION AND ENFORCEMENT.
The administration and enforcement of the Zoning Ordinance is hereby vested in the following offices, boards or commissions:
(a) Manager;
(b) Zoning Inspector;
(c) Council;
(d) Planning Commission;
(e) Design Review/Historical Preservation Area Review Committee.
(Ord. 1973-44. Passed 12-18-73.)
1125.03 MANAGER'S DUTIES.
The duties and responsibilities of the Manager are to:
(a) Enforce the provisions of this Zoning Ordinance; and
(b) Appoint a Zoning Inspector to enforce the provisions of this Ordinance, as outlined Section 1125.04.
(c) Submit reports concerning the administration and enforcement of this Ordinance to Council upon request. (Ord. 1973-44. Passed 12-18-73.)
1125.04 ZONING INSPECTOR'S DUTIES.
The duties and responsibilities of the Zoning Inspector are to:
(a) Enforce the provisions of the Zoning Ordinance.
(b) Interpret the requirements of the text and map of the Ordinance. Where there are questions in the interpretation, the Zoning Inspector may consult with the necessary Municipal staff, including the Municipal Attorney, to clarify such questions.
(c) Certify to the Building Inspector that the proposed use is in accordance with all of the provisions of this Ordinance, and maintain a complete record of all such certification.
(d) Receive and take appropriate action in accordance with this Ordinance upon all applications for certification within seven days of their date of filing. Certification, or a written notification and explanation of non-certification shall be issued to the applicant within seven days of the date of filing. Failure to notify the applicant within this time period shall constitute grounds for submittal of the application for certification to the Planning Commission.
(e) Where violations to this Ordinance are reported, determine whether the use is in compliance, or represents a violation, and where a violation does exist, the Zoning Inspector shall notify the owner in writing, specifying the exact nature of the violation and identifying the measures necessary to correct the violation.
(f) Maintain and keep current the permanent records required by this Ordinance, including but not limited to the Official Zoning District Map, certification of zoning, zoning inspections, and all official zoning actions of the Municipality. Such records shall be made available for use by Council, the Planning Commission and the general public.
(g) Prepare and submit reports concerning the administration and enforcement of this Ordinance to the Manager upon request.
(h) May serve as the secretary to the Canfield Planning Commission, Design Review and Historical Preservation Review Committee.
(Ord. 1973-44. Passed 12-18-73.)
1125.05 DUTIES AND ROLE OF COUNCIL.
(a) Appoint five residents of the Municipality to serve on the Planning Commission to include one (1) member of Council, and four (4) citizens at large, in accordance with Charter Section 7.02.
(b) Institute zoning legislation and then refer to the Planning Commission ordinances or resolutions establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations for their recommendation.
(c) Initiate, or act upon changes or amendments to the Zoning Ordinance as recommended by the Planning Commission.
(d) Hold the public hearing on each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations.
No such ordinance or resolution which violates, differs from or departs from the written recommendation of the Planning Commission shall take effect unless passed and approved by a vote of not less than three (3) of the members of the Council.
(Ord. 1973-44. Passed 12-18-73.)
1127.01 MEMBERSHIP.
The Planning Commission shall consist of five (5) members as set forth in Section 7.02 of the Charter.
1127.02 DUTIES.
The Planning Commission and its staff shall perform the following duties, in accordance with Section 7.03 of the Charter of the Municipality of Canfield and the Ohio Revised Code:
(a) Prepare the Zoning Ordinance, and continuously review such Ordinance for the purpose of recommending official Map and/or text changes or amendments considered necessary and appropriate to update this Ordinance to promote the best interest of the public in general.
(b) Maintain an up-to-date copy of the text and Map on permanent display in the Municipal offices.
(c) May require public hearings concerning matters that come before the Commission.
(d) May initiate an amendment to the Zoning Ordinance text and/or Zoning Map, only if the amendment can be justified on one of the following grounds:
(1) The change is in conformance with the Comprehensive Plan;
(2) There has been a substantial and significant change in area conditions;
(3) There is a need for additional land in the zoning district classification being requested for a change, and the minimum size requirements for zoning districts, specified in Section 1139.01 have been met; or
(4) There is an error in the Zoning Ordinance.
1127.03 BOARD OF APPEALS.
The Planning Commission shall function as the Board of Appeals and shall perform the following functions:
(a) Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination or decision made by the Zoning Inspector in the administration and/or enforcement of the provisions of this Ordinance. No public hearing shall be held.
(Ord. 1973-44. Passed 12-18-73.)
(b) Adjustments. To authorize upon appeal, where because of physical circumstances, exceptional narrowness, shallowness, shape, topographic condition, extraordinary lot conditions, or other conditions peculiar to the property, building or structure in question, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and adjustment is therefore necessary to enable the reasonable use of the property, provided such minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Ordinance, an adjustment may be considered under the following terms and conditions. A public hearing shall be ordered by the Board. Notice thereof shall be given by the secretary of the Board not less than twenty-five days prior to the date of the public hearing by publishing the notice in a newspaper of general circulation in the Municipality. Notice shall also be given within twenty days to the parties having proprietary interest in the land located within 200 feet of the property in question, as named in the application by such other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of the action taken. No adjustment shall be granted unless the Board finds that all of the following conditions exist:
(1) The proposed adjustment will not constitute a change, including an adjustment in use, on the Zoning Map. In no case shall the Planning Commission functioning as the Board approve an adjustment for a use which is not a permitted use in the zoning district in which the property, building or structure is located.
(2) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity.
(3) That the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance.
(4) The granting of the application is necessary for the preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant.
(5) That granting the adjustment requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this Ordinance to other lands, structures or buildings in the same zoning district.
(6) That granting of the adjustment will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
Following disapproval by the Board of an application or request for adjustment from the literal interpretation of this Ordinance, no subsequent application requesting the same adjustment shall be filed by any applicant, whether the same person, firm or corporation, until the expiration of twelve months after the original or subsequent disapproval.
The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board’s decision, shall be filed in the offices of the Board, and shall be open to public inspection. Appeals from the Board in their decisions on the administrative error, adjustments, conditional uses, special exceptions and related matters shall be to the Council of the City of Canfield who shall conduct a public hearing in compliance with Sections 1131.05 and take action pursuant to Section 1131.06.
(Ord. 2023-25. Passed 7-12-23.)
(c) Conditional Uses. The Board may hear and decide upon, in accordance with the provisions of this Ordinance, applications for a conditional use permit. The purpose of a conditional use permit is to allow a proper integration into the Municipality of uses which may only be suitable in specific locations within certain zoning districts or only if such uses are designed or laid out in a particular manner on the site. A conditional use permit shall be required for all uses listed as conditionally permitted uses in Chapter 1141.
(1) Application for a conditional use permit shall be made by the property owner, or agent thereof, to the Board on a form prescribed by the Municipality, and shall include maps and drawings necessary to demonstrate that the conditions set forth in Chapter 1151 shall be fulfilled.
(2) In considering an application for a conditional use permit, the Board must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met.
(3) The Board shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances.
(Ord. 1973-44. Passed 12-18-73.)
(4) A public hearing shall be ordered and held by the Board. Notice thereof shall be given not less than twenty-five days prior to the date of public hearing by publishing notice in a newspaper of general circulation in the Municipality.
Notice shall also be given within twenty days to the parties having proprietary interest in the land located within 200 feet of the property in question by such other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing, in no way shall affect the validity of action taken. (Ord. 1973-44. Passed 12-18-73; Ord. 1977-36. Passed 12-6-77.)
(5) Any existing lawful use which is considered as a conditionally permitted use by this Ordinance, which is located in a zoning district in which such use is conditionally permitted, shall be considered as a conforming use. Any expansion of such a conditionally permitted use involving the enlargement of buildings, structure and/or land area devoted to such conditional use, shall be subject to the procedures outlined in this section.
(6) In any case where an approved conditional use permit has not been used within six months of the date on which it was granted, the permit shall expire unless an extension of the above time period has been authorized by the Board.
(Ord. 1973-44. Passed 12-18-73.)
(d) Contents of Application. Applications for adjustments or conditional use permit requests shall include at least the following information:
(1) Name, address and telephone number of applicant;
(2) Location of the property, lot number of the tract and the present zoning district;
(3) Plat layout drawn to scale, showing the actual shape and dimension of the lot or parcel and all lots and parcels within 200 feet thereof which shall be attached to each application;
(4) A list of all property owners within 200 feet, contiguous to and directly across the street from this parcel to be granted the adjustment or conditional use permit and others that may have a substantial interest in the case;
(5) Specific reason justifying the application for adjustments or conditional use permit; (Ord. 1992-35. Passed 9-1-92.)
(6) A non-refundable fee of three hundred dollars ($300.00) payable to the City to cover administrative costs of the adjustment or conditional use permit. (Ord. 2020-3. Passed 2-5-20.)
1129.01 DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings:
(a) "Alter" or "alteration" means any material or visual change other than maintenance and repair, to the exterior of any listed property or to the interior of any listed property which was listed in part, or in whole, because of the interior's historic or architectural significance. "Normal maintenance and repair" means those alterations that do not require the issuance of a building permit, and/or zoning permit. Interior alterations refer to interior spaces that are publicly accessible, whether due to or caused by an emergency or due to new construction.
(b) "Applicant" means any person, trust, association, partnership or corporation that applies for a zoning or demolition permit for new construction or alteration, demolition or relocation of a listed property.
(d) "Committee" means Historical Preservation Area Review Committee and Design Review Committee.
(e) "Demolition permit" means a permit issued by the City for the razing or removal, in whole or in part, of a structure within the City limits.
(f) "Design Review Area" means the area noted as the Design Review Area on the Official Comprehensive Plan Map (Exhibit A).
(g) "Emergency" means a sudden need for action by means of construction, reconstruction, alteration, demolition or relocation caused by a natural disaster, accident or structural failure. The need for emergency-related replacement shall depend upon the physical condition of the existing structure as well as the cause of the emergency. Any eminent danger to the public may be cited as a cause for replacement.
(h) "Historical District Area" means the area noted as the Historic Preservation Area on the Official Comprehensive Plan Map. (Exhibit B).
(i) "Historical Preservation Authority" means the organization listed and defined in Section 1129.05.
(j) “Owner" means the owner of record according to the Mahoning County Recorder’s Office.
(k) "Structure" means a building, monument, work of art or work of engineering permanently affixed to the land or any material thing of functional, aesthetic, cultural, historical or scientific values that may be, by nature or design, movable, yet related to a specific setting or environment.
(l) “Zoning permit" means a permit to locate, erect, construct, reconstruct, enlarge, change or structurally alter any building or structure within the Municipality.
(m) "Certificate of approval" or "approval" means the zoning permit which is issued subject to the ordinances relating to the Design Review/Historical Preservation Area Review Committee and Districts.
(Ord. 1993-54. Passed 10-5-93.)
1129.02 HISTORICAL PRESERVATION; PURPOSE.
The purpose of this chapter are:
(a) To establish procedures whereby certain areas, places, sites, buildings, structures, objects and works of art shall be protected by providing a thorough study of alternatives to prevent incompatible alterations or demolition before such acts are performed, so that the following objectives are reached:
(1) Maintenance and enhancement of distinctive character of historical buildings and historic areas of the City;
(2) Safeguarding the architectural integrity of the City's listed properties and historic resources within designated districts;
(3) Safeguarding the heritage of the City by preserving areas, places, sites, buildings, structures, objects and works of art which reflect elements of the City's cultural, social, economic, political or architectural heritage;
(4) Selecting alternatives to demolition or incompatible alterations within designated areas and to listed properties before such acts are performed;
(5) Providing the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards;
(6) Encouraging new development of vacant land and buildings in accordance with the character of the designated districts and listed properties of the Design Review/Historic Preservation Area Committee;
(b) To contribute to the economic, recreational, cultural and educational development of the City by:
(1) Protecting and enhancing the City's attractions to prospective residents, tourists and visitors;
(2) Providing support and stimulus to business and industry;
(3) Strengthening the economy of the City;
(4) Stabilizing and improving property values;
(5) Fostering civic pride in the beauty and notable accomplishments of the past;
(6) Facilitating the reinvestment in and revitalization of certain older districts and neighborhoods;
(7) Promoting the use and preservation of historic sites and structures for the education and general welfare of the people of the City.
(Ord. 1993-54. Passed 10-5-93.)
1129.03 MEMBERSHIP; QUALIFICATIONS; MEETINGS.
(a) Membership. Appointment shall be made by council pursuant to Section 7.09 of the Charter of the Municipality of Canfield.
(b) Compensation. Compensation may be paid to members of the Design Review/Historical Preservation Area Review Committee upon authorization by Council.
(c) Conflicts of Interest. No voting member of the Historical Preservation Area Review Committee shall participate in the review of any item for discussion before such Committee if such member has any direct financial interest in the property involved in such discussion.
(d) Meetings and Public Notice. The Historical Preservation Area Review Committee/Design Review Committee shall hold monthly meetings. All agendas, records and minutes shall be available for public review. In addition, all Committee meetings shall be publicly announced, be open to the public and have a previously advertised agenda. Special meetings shall be held in a public place advertised in advance and open to the public. Furthermore, any rules of procedure and design guidelines adopted by the committee shall be available for public inspection.
(Ord. 1993-54. Passed 10-5-93.)
1129.04 COMMITTEE DUTIES.
The duties of the Historical Preservation Area Review Committee shall be:
(a) To improve the quality of life in the City by striving to further achieve the spirit and purpose of this chapter,
(b) To act in an advisory rule to other officials and departments of local government regarding the protection of local cultural properties.
(c) To act as liaison on behalf of the local government to individuals and organizations concerned with historic preservation.
(d) To work for the continuing education of the residents of the City with respect to the architectural and historic heritage of the City, and historical preservation issues and concerns.
(e) To employ technical experts as may be required to perform its duties within the appropriations made available therefor and to perform such other related tasks within its capabilities as may be required by Council.
(f) To accept grants, gifts and bequests, and to make application for, receive and administer grants and funds from governmental and private entities consistent with the purpose of this chapter.
(g) To review proposed National Register nominations for properties within its jurisdiction in accordance with OHIO CLG Guidelines.
(h) To recommend to the City Planning Commission and Council legislation that would serve to beautify, preserve, restore and develop the City or that would result in additions or revisions to this chapter.
(i) To conduct or cause to be conducted a continuation survey of cultural resources in the community, including all buildings, structures, sites, objects and areas of agricultural, historic or aesthetic interest, according to survey guidelines established by the Ohio Historic Preservation Office.
(j) To conduct or encourage members to attend educational sessions at least once a year pertaining to the function of the Commission or relating to specific historic preservation issues.
(k) Based upon information available to present to it, to make recommendations for designation of listed properties and historical districts to the City Planning Commission and Council.
(l) To keep a current register of all listed properties and provide the Zoning Inspector with a current copy thereof, showing any additions thereto; this register shall be made available to the public and shall be located at the City Hall Building, 104 Lisbon Street, Canfield, Ohio.
(m) To prepare an annual report documenting the Committee's activities, cases, decisions, special projects and membership that will be available for public inspection.
(n) To conduct meetings to consider or determine any matters related to Historic District or listed property designations within the corporate boundaries of the City which shall be scheduled by a vote of the membership at regular or special meetings. Parliamentary procedures shall be used during any official meeting.
(o) To review and act upon all applications for "Approval" as required by this chapter and to establish criteria, rules and regulations not otherwise included in this chapter for evaluating applications for certificates of approval submitted to it.
(p) To use written guidelines in making decisions on requests for permits for alterations, additions to or demolition of listed properties and buildings within historic districts.
(q) To consider whether the failure to issue an "Approval" will involve a "substantial hardship" to the applicant and whether the certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the interest and purposes stated herein.
(Ord. 1993-54. Passed 10-5-93.)
1129.05 AUTHORITY OF DESIGN COMMITTEE.
(a) The Design Committee shall be the Historical Preservation Area Review Committee. When functioning as the Historical Preservation Area Review Committee, they shall act as a mediating board for the maintenance of the Historical Preservation Areas. In addition to assure compliance or conformance with the evaluation criteria, exercising its review authority, as outlined in Section 1129.04, and assuring that requirements and procedures apply to the Design Area are followed, the Historical Preservation Area Review Committee shall have the authority to review and approve or deny the removal, demolition or relocation of buildings, signs or other structures within the Historical Preservation Area.
(b) The Committee shall adopt and publish the criteria for evaluation that shall be applied in determining the acceptability for buildings, structures, use of land and/or uses which are located within the area of jurisdiction of the D-Design Area, as shown on the Design Area Map. Such criteria shall be appropriate with the character of the area to which they are applied, as stated in Chapter 1159. The Committee shall have the authority to require changes in the appearance of the proposed building, sign, structure or alteration thereof and shall have the authority to impose such conditions or requirements as are considered necessary to carry out the purpose of the D-Design Area. The Committee has no authority to waive or change the minimum requirements of this Zoning Ordinance.
(Ord. 1994-36. Passed 8-9-94.)
1129.06 REQUIREMENTS, PROCEDURES AND AREA.
The Historical Preservation Area shall consist of the area noted in the Comprehensive Plan as the Historical Preservation Area Map. Any building in this area that is fifty years old, or becomes fifty years old after passage of this section, shall be considered part of the Official Historical Design District Register of Listed Properties. No building or structure within the Area shall be razed, removed or relocated without obtaining the approval, in writing, of the Historical Preservation Area Review Committee. The Committee shall have the authority to refuse a request if, in their opinion, the removal, relocation or razing would be detrimental to the public interest and welfare of the Municipality. Any appeal to a decision of the Committee shall be taken to the Board of Appeals, in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)
1129.07 DESIGNATION OF HISTORIC DISTRICT OR LISTED PROPERTY.
(a) In considering the designation of any area, place, site, building, structure, object or work of art in the City as an Historical District or listed property, the Historic Preservation Area Review Committee, the City Planning Commission and Council shall apply the following criteria with respect to each property. One or more of the following shall apply:
(1) The character, interest or value as part of the heritage of the City, the State or the United States;
(2) The location as a site of a significant historic event;
(3) The identification with a person or persons who significantly contributed to the historic development of the City;
(4) Its exemplification of the cultural, economic, social, archaeological or historic heritage of the City;
(5) The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style;
(6) The embodiment of a distinguishing historical characteristic of an architectural type of specimen;
(7) Its identification as the work of an architect or master builder whose individual work has influenced the development of the City;
(8) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural or technological innovation;
(9) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the City;
(10) Its having yielded or its likelihood of yielding information important to the understanding of history.
(b) In addition to meeting at least one of the above criteria, proposed Historic Districts shall also meet the following criteria in order to be designated:
(1) The proposed area shall be enclosed by boundaries, such as streets, freeways, railroads, rivers or open space, which set the area off in relation to its surroundings;
(2) The area within the proposed boundaries shall have a high degree of historic integrity, without excessive loss of architectural or historic character;
(3) The area within the proposed boundaries shall have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to a master plan, a shared architectural style or design, or a body of architecture illustrating the evolution of architectural styles over a period of time.
(c) The Committee shall notify the owners of any proposal to list the property or designate an Historic District which encompasses the property either by certified mail or personal delivery.
(d) Whenever possible, the Committee should secure the written consent of the property owners for a listing of property. Upon receipt of such consent, the recommendations for listing shall be sent to Council for submission to the City Planning Commission for its review and recommendation. Thereafter, Council shall hold a public hearing on any such proposed listing and following such hearing, Council may list such area, place, site, building, structure, object or work of art as a listed property by a majority vote.
(e) In the event that the owners of the properties refuse or decline to give written consent to the proposed listing of property, and the Commission feels it is of considerable importance to the community that the property be listed; and in the designation of all Historic Districts, the following procedure shall be followed:
(1) The Committee shall schedule a public hearing on the question of the proposed designation or listing, setting forth a date, time and place and causing written notice to be given to the owner; or, in the case of a large Historic District (fifty or more properties) where individual notices may not be practical, notice is to be given through the existing neighborhood or other organization. The Committee shall cause a legal notice to be published in a newspaper of general circulation in the City setting forth the nature of the hearing, the property or district involved, and the date, time and place of the scheduled public hearing;
(2) The Committee shall conduct the public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions. Within fifteen days after the hearing, the Committee shall set forth in its recommendations such findings of fact which constitute the basis for its decision and shall transmit such recommendations concerning the proposed designation or listing to Council, which shall follow the review and action procedures set forth in Section 1129.05, except as provided otherwise herein;
(3) Council shall give due consideration to the findings and recommendations of the Committee and the City Planning Commission, as well as such views as may have been expressed by persons participating in the hearing before such Commission, in making its determination with respect to the proposed designation. The City Planning Commission and Council shall follow review and action procedures established in Section 1129.05;
(4) If Council approves the property listing or Historic District, the Committee shall notify the owner(s) of such decision. In the event the proposed designation is disapproved by Council, the Committee may, after a period of sixty days, resubmit the proposal to Council for reconsideration.
(Ord. 1993-54. Passed 10-5-93.)
1129.08 MINIMUM MAINTENANCE REQUIREMENT.
(a) The owner of an historic structure or any structure within an Historic District, regardless of whether such structure is vacant and uninhabited, shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
(b) The provision of subsection (a) hereof shall be in addition to all other applicable provisions of these Codified Ordinances.
(c) The Historic Preservation Area Committee, on its own initiative, may file a petition with the City Manager requesting that the Manager proceed to take action against any property owner which, in the opinion of the Board, is in violation of subsection (a) hereof.
(Ord. 1993-54. Passed 10-5-93.)
1129.09 ZONING AND DEMOLITION PERMITS.
(a) No person shall locate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure within the Municipality without having obtained the required certification of a zoning and building permit. Permits are required for but not limited to, the following types of work; new construction, reconstruction, additions, alterations, fences, siding (vinyl, aluminum, wood, etc.), window enlargements, decks, garages, carports, storage sheds, awnings, canopies, roofing work and swimming pools. Such certification or permit should not be issued unless the plans for the proposed structure of work fully comply with the provisions of the Zoning Ordinance. (Ord. 2016-31. Passed 11-16-16.)
(b) Demolition Permit Required. No person shall demolish any building or structure within the municipality without having the required certification of a demolition permit.
(c) A demolition permit is required for the demolition of any structure within the City limits. Any building or structures within the design district or the historical district shall also have the design review/historical preservation committee approval prior to the application for the demolition permit.
(d) Application. Application for a certification of demolition shall be made in writing to the Zoning Inspector. Each written application shall include the following:
(1) Name, address and telephone number of the applicant.
(2) Existing zoning.
(3) Signature of owner.
(e) Prior to the issuance of the demolition permit, the following information shall be provided along with a completed demolition application:
(1) The owner and contractor shall be required to comply with all applicable state, local and federal laws and regulations relating to the proposed demolition including but not limited to inspection requirements, and the abatement, removal and disposal of hazardous material.
(2) Written copy of verification from each of the utility companies: electric, gas, telephone, cable or satellite television service, water, and sewer that service has been disconnected at the location. Additionally, sewer connection (s) shall be properly capped.
(3) Certificates of insurance from either the owner or contractor evidencing general liability insurance in the amount of one million and no/100 dollars ($1,000,000.00) providing coverage for demolition.
(f) The cost of the demolition permit fee is fifty dollars ($50.00) except that the fee for the demolition of sheds and decks shall be ten dollars ($10.00).
(g) The permit shall be issued within ten (10) days of the completed application being submitted.
(h) Upon completion of the demolition of any building or structure, the property shall be backfilled, seeded, mulched and repaired to existing grade. No construction, building, or other non-biodegradable materials shall be backfilled into the site.
(i) Foundation(s) of any demolished structures shall be removed to a depth of three (3) feet below the existing grade, and basement floor(s), if any, shall be broken apart, punctured or otherwise demolished to prevent water accumulation.
(Ord. 2014-31. Passed 8-20-14; Ord. 2023-32. Passed 9-6-23.)
1129.10 METHOD OF OBTAINING APPROVAL.
When the owner of a property within the Design Review/Historic District or owner of a listed property intends to construct, reconstruct, alter, relocate or demolish any portion of a structure within the District or of a listed property, he shall first apply for and secure an approval from the Committee. The application for an approval shall be deposited with the City's Zoning Inspector, together with such plans, specifications and other material as the Committee may from time to time prescribe.
(a) Within thirty days, the Committee shall consider the applications, plans and specifications, and determine:
(1) Whether any "exterior architectural feature" is involved, and
(2) Whether a certificate of approval shall be issued or denied. If the Committee determines that no architectural feature is involved, it shall approve the request by a majority vote of its members and authorize the Zoning Inspector to issue a certificate of approval (zoning permit), subject to all other ordinances of the City.
(b) In the event the Committee finds that an architectural feature is involved, the committee shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this chapter, the Design Review/Historic District of listed property. In making such determination, the committee shall refer to the Secretary of the Interior's Standards for Rehabilitation, and to the design guidelines adopted by the Committee. When the committee considers a National Register nomination and other actions (for example, an archaeological site) which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Committee, the Committee shall seek expertise in this area before rendering its decision. In the case of archaeological property, the Committee shall seek professional help from Youngstown State University.
(c) The Committee may require any person applying for a certificate of approval or request any person whose interests appear adverse to those of the applicant, to file with the Committee prior to any hearing or determination, information concerning the applicant's intentions, or such person's adverse interests or intentions.
(d) If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect upon the Design Review/Historic District or listed property, and does not violate the spirit and purpose of these preservation regulations, then the Committee Secretary shall cause notice to be given to the Zoning Inspector for the issuance of permits.
(e) If the Committee determines that the proposed construction, reconstruction, alteration or demolition will have an adverse effect upon the Design Review/Historic District or listed property, and does violate the spirit and purpose of these preservation regulations, then the Committee shall deny approval.
(f) In the event that the Committee determines within the thirty day review period that a certificate of approval shall not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations respecting the proposed construction, reconstruction, alteration or demolition of any area, place, building, structure site, object or work of art. The Secretary of the Committee shall forthwith notify the applicant of such determination and transmit to him a certified copy of the reasons for denial and recommendations, if any, of the Committee. Any appeal to a decision of the Committee shall be taken to the Board of Appeals in accordance with Section 1127.03.
(g) Upon denying a certificate of approval, the Committee shall impose a waiting period of at least thirty days, but not to exceed six months from the date of disapproval, during which time the committee shall negotiate with the owner of the property in order to develop a compromise proposal acceptable to both. The first meeting between the Committee and the applicant shall be held within thirty days from the date of disapproval. If a compromise proposal is accepted by both parties, the Committee may henceforth grant an approval.
(h) In the case of denial of an approval for demolition:
(1) The Committee and applicant shall undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the property. The Committee and applicant shall investigate the feasibility of all means of preserving the listed property. If the Committee and applicant do not agree on a means of preserving the structure at the initial meeting, then they shall continue to undertake meaningful and continuing discussions for the purpose of finding a method of saving the structure, and such good faith meetings shall be held at least forty-five days after the initial meeting.
(2) If the applicant fails to meet with the Committee in good faith, in the time specified, then the Committee's denial of the application shall stand.
(3) If, after holding such good faith meetings in the waiting period specified by the Committee, the Committee determines that failure of approval will create a substantial hardship to the applicant and that such certificate may be issued without substantial derogation from the purposes of this chapter, then and in such event, the Secretary of the Committee shall cause notice to the Zoning Inspector to issue the permit for such proposed construction, reconstruction or alteration.
(4) If, after holding such good faith meetings in the waiting period specified by the Committee, no alternative solution to incompatible construction, reconstruction or alteration is reached, then the applicant may appeal the decision in accordance with Section 1127.03.
(Ord. 1993-54. Passed 10-5-93.)
1129.99 PENALTY.
(a) Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not less than ten dollars ($10.00) nor greater than one hundred dollars ($100.00) for each day the violation continues.
(b) Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this chapter, shall be required to restore this property and its site to its appearance prior to its violation. Any action to enforce this subsection shall be brought forth by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(Ord. 1993-54. Passed 10-5-93.)
1131.01 AUTHORITY TO AMEND.
Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission, and following the required public hearing held by Council, amend, supplement, change or repeal the regulations, restrictions and/or zoning district boundaries or classifications of property whenever the public necessity, convenience, general welfare, provision of the comprehensive plan or good zoning practices require.
(Ord. 1989-13. Passed 4-18-89.)
1131.02 INITIATION OF AMENDMENTS.
A request to amend this Zoning Ordinance may be initiated as follows:
(a) By the filing of an application by the owner, agent of the owner or an individual or entity who has a contractual right to purchase the property to be changed or affected by the proposed amendment.
(b) By adoption of a resolution or ordinance by Council.
(c) By adoption of a motion by the Planning Commission.
(d) By adoption of a motion by the Design Review and/or Historical Preservation Area Review Committee where the proposed amendment involves the "D" Design Area or Historical Preservation Area.
(Ord. 1989-13. Passed 4-18-89.)
1131.03 CONTENTS OF APPLICATION.
(a) Applications for amendments to the official Zoning Map, such as zone change requests, shall include at least the following information:
(1) Name, address and telephone number of applicant.
(2) Location of the property, metes and bounds description, lot number of the tract and the present and proposed zoning district.
(3) A vicinity map, at a scale approved by the Zoning Inspector, showing the property lines, streets, existing and proposed zoning, and such other items as the Inspector may require.
(4) Present and proposed uses.
(5) Plat layout drawn to scale, showing the actual shape and dimension of the lot or parcel to be recorded and all lots and parcels within 200 feet thereof and showing the buildings, uses and zoning classification therefor which shall be attached to each application.
(6) A list of all property owners within 200 feet, contiguous to and directly across the street from the parcel proposed to be re-zoned and others that may have a substantial interest in the case.
(7) A statement on how the proposed amendment relates to the comprehensive plan.
(8) Specific reason justifying the application for amendment.
(9) A non-refundable fee of two hundred fifty dollars ($250.00) payable to the City to cover the administrative cost of the rezoning request.
(10) Signature of owner.
(b) Application for amendments to the Zoning Ordinance text shall include the following information:
(1) Name, address and telephone number of applicant.
(2) Proposed amendment to the text.
(3) Specific reason justifying the application for amendments.
(c) The amendment application shall be filed with the Zoning Inspector. The Zoning Inspector shall transmit the application to the Clerk of Council for first reading.
(Ord. 1989-13. Passed 4-18-89.)
1131.04 REFERRAL OF A RESOLUTION OR ORDINANCE BY COUNCIL.
(a) Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses or regulations shall be referred to the Planning Commission immediately after its first reading. Within thirty days of such referral, the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of the Commission.
(b) In making its recommendation, the Planning Commission shall, by resolution:
(1) Recommend approval of the proposed amendment.
(2) Recommend approval with certain modifications, revisions or restrictions.
(3) Recommend disapproval of the proposed amendment.
(Ord. 1989-13. Passed 4-18-89.)
1131.05 COUNCIL PUBLIC HEARING.
Within thirty days of the receipt of the Planning Commission recommendation, Council shall hold a public hearing on the proposed amendment. Notice of the hearing shall be published at least fifteen days prior to the hearing date. Hearing notice requirements shall follow the rules established in Section 4.13 of the Charter.
(Ord. 1989-13. Passed 4-18-89.)
1131.06 COUNCIL ACTION.
Within thirty days of the hearing date, Council shall take action on the proposed amendment.
If the Planning Commission recommends approval of the amendment, approval by Council requires only a three-fifths majority. If Council adds or deletes modifications or limitations and thus changes the Commission recommendation, passage requires a majority vote of Council.
If the Planning Commission recommends disapproval of the amendment, passage by Council requires a majority vote.
1131.07 CERTIFICATION OF ZONING.
(a) Requirements. No person shall locate, erect, construct, reconstruct, enlarge or structurally alter any building or structure within the Municipality without having the required certification of zoning issued by the City and building permit issued by the County. Such certification and/or building permit shall not be issued unless the plans for the proposed building or structure fully comply with all the provisions of this Zoning Ordinance.
(b) Application. Application for a certification of zoning shall be made in writing to the Zoning Inspector. Each written application shall include the following:
(1) Name, address and telephone number of the applicant.
(2) Two copies of a scale drawing showing the actual shape and dimensions of the lot to be built upon, or to be changed in its use, in whole or in part.
(3) The location of the lot, existing zoning and land use, including the immediately surrounding area.
(4) The location, size and height of any building or structure to be erected or altered.
(5) The existing or intended use of each building, structure or use of land where no buildings are included.
(6) The number of families or dwelling units each building is designed to accommodate if applicable.
(7) Signature of owner.
(c) Utility Buildings. Certification of zoning shall be required for all utility buildings accessory to a dwelling in an R District.
(d) Time Limit. If the certification of zoning is issued for such work is not begun within a six-month time period from the date the zoning certification is issued, then such zoning certificate shall be null and void. If the work contemplated by the zoning certification is not substantially complete within eighteen (18) months from the date of such certification, the such certification shall be null and void.
(Ord. 1989-13. Passed 4-18-89.)
(e) A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate and shall be paid prior to issuance and deposited to the credit of the General Fund of the Municipality:
All Construction or Structural Alteration.
$5.00 Base (for valuation of $1,000 or less)
Plus: $.50/$100 total valuation (if in excess of $1,000).
(Ord. 1971-28. Passed 9-7-71.)
(f) Any person locating, erecting, constructing, reconstructing, enlarging, demolishing or structurally altering any building or structure within the Municipality without first obtaining any certification, approval, building permit or demolition permit pursuant to the Ordinances of the Municipality shall be required to pay an amount equal to the greater of (a) two hundred dollars ($200.00), or (b) two (2) times the amount of the fee(s) as calculated in this Chapter. If any person again fails to obtain a required permit within two (2) years after a previous violation of this section, then such person shall be required to pay an amount equal to three hundred dollars ($300.00) for the permit that is or was required.
(Ord. 2020-39. Passed 9-16-20.)
1133.01 ENFORCEMENT.
This Zoning Ordinance shall be enforced by the Manager and/or such Zoning Inspector as may be designated by the Manager. (Ord. 1973-44. Passed 12-18-73.)
1133.02 REVOCATION OF CERTIFICATION OF ZONING.
Any certification of zoning issued upon a false statement shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Manager, such certification shall be revoked by notice in writing to be delivered to the holder of the void certification upon the premises concerned, or in some conspicuous place upon the premises. Any person who proceeds thereafter with such work or use without having obtained new certification of zoning, in accordance with this Zoning Ordinance, shall be guilty of violating this Ordinance.
(Ord. 1973-44. Passed 12-18-73.)
1133.03 PROCEDURES TO PREVENT VIOLATIONS.
In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is, or is proposed to be used in violation of this Zoning Ordinance, Council, the Municipal Attorney, the Zoning Inspector or any neighboring property owner who would be damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 1973-44. Passed 12-18-73.)
1133.04 VALIDITY.
If any article, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.
(Ord. 1973-44. Passed 12-18-73.)
1133.05 REPEAL OF EXISTING ORDINANCES.
Any part of any ordinance which is inconsistent or in conflict with any part of this Zoning Ordinance, and all additions and amendments thereto, are hereby superseded by the adoption of this Zoning Ordinance. (Ord. 1973-44. Passed 12-18-73.)
1133.99 PENALTY.
Any person, firm or corporation violating any provision of this Zoning Ordinance shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. 1973-44. Passed 12-18-73.)