Carrollton City Zoning Code
TITLE THREE
Zoning Administration
1121.01 MEANINGS OF WORDS.
(a) For purposes of this Zoning Ordinance, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word "structure" and "premises"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
(1) "Accessory building" means a subordinate building the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(2) "Accessory use" means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(3) "Agricultural activity" means the use of land for agricultural purposes, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, but not including commercial feed lots.
(4) "Alley" means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(5) "Apartment ," See Dwelling Unit.
(6) "Automobile service station" means any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing or major overhaul of motors, bodies or fenders, of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.
(7) "Basement" means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes, other than by a janitor employed on the premises. (See Cellar also.)
(9) "Boarding house" means a building, other than a hotel, or apartment hotel where, for compensation and by prearrangement for definite periods of time, lodging, meals or lodging and meals are provided for three or more persons.
(10) "Buildable area" means the area of the lot left to be built upon after the required yards are provided.
(11) "Building" means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each person so separated shall be considered a separate building.
(12) "Building, height of" means the vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof, or the average height between eaves and ridge for gable, hip and gambrel roofs.
(13) "Building Inspector" means the individual designated to administer the Building Code and the Zoning Ordinance and who is responsible for the enforcement of the regulations imposed by each.
(14) "Building setback line" means the minimum horizontal distance between the street line and the front foundation line of a building.
(15) "Cellar" means that part of a building having more than one-half of its height below the average grade of the adjoining ground. (See Basement also.)
(16) "Clerk" means the Clerk-Treasurer of the Village of Carrollton.
(17) "Clinic" means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
(18) "Club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
(19) "Commercial feed lot" means an area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
(20) "Commission" means the Planning Commission of Carrollton, Ohio.
(21) "Conditional use" means a use allowed in a zoning district after a permit is granted by the Board of Appeals in accordance with the provisions of this Zoning Ordinance.
(22) "Council" means the Council of Carrollton, Ohio.
(23) "Court" means an open space more than one-half surrounded by buildings.
(24) "District" means a part of the Village wherein regulations of this Zoning Ordinance are uniform.
(25) "Dwelling" means any building or portion thereof which is designed or used exclusively for residential purposes.
(26) “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
(27) "Dwelling, two-family" means a building designed for or occupied exclusively by two families.
(28) “Dwelling, multiple” means a building designed for or occupied exclusively by three or more families.
(29) “Dwelling unit” means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking and sleeping facilities.
(30) "Family" means one or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two persons not related by blood, marriage or adoption.
(31) "Farm" see agricultural activity.
(33) "Floor area" means the total number of square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages, or space in a basement or cellar when such basement or cellar space is used only for storage or incidental uses.
(34) "Frontage" means all the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
(35) "Garage, private" means a detached accessory building or portion of a main building, including a carport, housing the automobiles of the occupants of the premises, but not commercial vehicles.
(36) "Garage, public" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
(37) "Garage, storage" means any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
(38) "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(Ord. 1973-9. Passed 12-17-73.)
(39) "Home occupation" means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, and all items such as equipment or products are stored inside so as not to change the outer appearance of the lot wherein inventory would be retained on the premises, no person is employed other than a member of the immediate family residing on the premises and one or two parking spaces will be devoted, or if need exists, and no mechanical equipment may be used that in any way shall create a potential disruption of peaceful enjoyment by adjacent or neighboring property owners. (Ord. 1979-7. Passed 6-12-79.)
(40) "Hotel" means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.
(41) "Institution" means a nonprofit establishment for public use.
(42) “Kennel” means an establishment where small animals are boarded for compensation or where dogs bred or raised on a commercial scale basis.
(43) “Landscaped area” means an area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.
(44) “Loading space” means a space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of twelve feet, a minimum depth of thirty-five feet, and a vertical clearance of at least fourteen and one-half feet.
(45) “Lodging or rooming house” means the same as “boarding house.”.
(46) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one main building together with its accessory buildings, open spaces and parking spaces required by these regulations, and having its principal frontage upon a road or street.
(47) “Lot, corner” means a lot abutting upon two or more streets at their intersections.
(48) “Lot, depth” means the mean horizontal distance between the front and rear lot lines.
(49) “Lot, interior” means a lot other than a corner lot.
(50) “Lot, double frontage” means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
(51) “Lot, width” means the width of a lot at the front yard line.
(52) “Lot of record” means a lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordinance.
(Ord. 1973-9. Passed 12-17-73.)
(53) “Manufactured Home” means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to “Manufactured Housing Construction and Safety Standards Act of 1974.”
(54) “Manufactured Home Park” means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. (Ord. 2003-9. Passed 6-9-03.)
(55) “Motel, motor court, motor lodge, or tourist court” means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients or automobile travelers.
(56) “Nonconforming use” means the lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
(57) “Nursing home” means a home for the aged or infirm in which three or more persons, not members of the immediate family, are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(58) “Open area” means that part of a lot on which no part of a building or structure extends above the following elevations:
Two feet above the highest curb elevation of the street or streets that bound the lot;
One foot above the adjacent curb elevation for each one and one- fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed twelve feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
(59) “Parking space” means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
(60) “Premises” means a lot together with all buildings and structures thereon.
(61) “Rooming house” means the same as boarding house.
(62) “Rowhouse” means same as townhouse.
(65) “Solicitor” means legal counsel of the Village Carrollton, Ohio.
(66) “Standard tree” means a tree with a minimum caliper of two and one-half inches, measured at a point twelve inches above the actual or intended ground level of such tree, ten to twelve feet high, of a deciduous hard wood variety normally capable of attaining a twenty-five foot diameter when the tree is twenty years old.
(67) “Standard shrub” means any bush or small evergreen tree occupying a space of at least eighteen cubic feet.
(68) “Street” means a public way which affords the principal means of access to abutting property.
(69) “Street centerline” means a line halfway between the street lines.
(70) “Street line” means a dividing line between a lot and a contiguous street.
(71) “Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(72) “Structural alteration” means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
(73) “Tourist home” means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
(74) “Townhouse or rowhouse” means a building that has one-family dwelling units erected in a row as a single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.
(75) “Trailer court” means an area where one or more travel trailers are parked or intended to be parked.
(76) “Travel trailer” means a trailer, pick-up camper, tent trailer, converted bus or other vehicle, or similar device used for temporary portable housing.
(77) “Use” means the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
(78) “Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in these regulations.
(79) “Yard, front” means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
(80) “Yard, side” means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
(81) “Yard, rear” means a yard extending the full width of the lot between a principal building and the rear lot line.
(82) “Yard width and depth” means the shortest horizontal distance from a lot line to the main building.
(Ord. 1973-9. Passed 12-17-73.)
(83) “Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate facilities;
B. The structure, excluding any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total space, excluding garages, porches, or attachments, of at least nine hundred square feet;
C. The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch minimum eave overhang, including appropriate guttering;
D. The structure has never been previously titled;
E. The structure is not located in a manufactured home park.
(Ord. 2003-8. Passed 6-9-03.)
1123.01 TITLE.
These regulations may be referred to as the "Zoning Ordinance".
(Ord. 1973-9. Passed 12-17-73.)
1123.02 INTENT; PURPOSE.
The intent and purpose of these regulations are to divide the Village of Carrollton into zones and districts, limiting, restricting and regulating the height, bulk and location, including percentage of lot occupancy, setback building lines, and area and dimensions of yards, courts and other open spaces, and the uses of buildings and other structures and of premises in such zones or districts and designating the kinds, nature, character and classes of trades, industries, professions or other activities, residences and other purposes for which buildings or other structures or premises may be permitted to be erected, altered or used within the zones or districts, subject to special regulations including the number of persons, families and other group units to reside in or use them and the public, quasi-public or private nature of the use thereof all in the interest of the promotion of the public health, safety, convenience, comfort, prosperity and general welfare of the Village, and providing for the creation of and creating a Board of Appeals and delegating to such board the duty and power to administer the details of the application of these regulations.
(Ord. 1973-9. Passed 12-17-73.)
1123.03 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Ordinance they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this Ordinance imposes a greater restriction, this Ordinance shall control. (Ord. 1973-9. Passed 12-17-73.)
1123.04 VALIDITY.
Should any section, provision, clause, phrase or sentence of this Zoning Ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Ordinance as a whole or any part thereof, other than the part so declared to be invalid. (Ord. 1973-9. Passed 12-17-73.)
1123.05 EFFECTIVE DATE.
This Zoning Ordinance shall take effect and be in force from and after the earliest period allowed by law. (Ord. 1973-9. Passed 12-17-73.)
1125.01 ENFORCEMENT.
(a) Enforcement. It shall be the duty of the Building Inspector to enforce this Zoning Ordinance. The Building Inspector shall receive applications required by this Ordinance, issue permits and furnish the prescribed certificates; shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law have been met; shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures except as may be otherwise provided for; shall, when requested by the Mayor or Council, or when the interests of the Municipality so require, make investigations in connection with matters referred to in this Ordinance and render written reports on the same; and for the purpose of enforcing compliance with law, shall issue such notices or orders as may be necessary.
(b) Inspections. Inspections shall be made by the Building Inspector or a duly appointed assistant.
(c) Rules. For carrying into effect its provisions, the Building Inspector may adopt rules consistent with this Zoning Ordinance.
(d) Records. The Building Inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Building Inspector.
(e) Cooperation of Other Officials. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Engineer in fixing grades, of the Chief of Police in enforcing orders, of the Solicitor in prosecuting violations, and of other officials as appropriate.
(Ord. 1973-9. Passed 12-17-73.)
1125.99 VIOLATIONS AND PENALTY.
Whoever violates any of the provisions of this Zoning Ordinance or fails to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be deemed guilty of a misdemeanor and shall be liable to a fine of not more than one hundred dollars ($100.00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this section shall be placed or shall exist, any architect, builder, contractor, individual, or corporation employed shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided.
(Ord. 1973-9. Passed 12-17-73.)
1127.01 BUILDING PERMIT.
(a) When Required. No person shall construct, alter, repair, remove or demolish or commence the construction, alteration, removal or demolition of a building or structure without first filing with the Building Inspector an application in writing and obtaining a formal permit.
(b) Form. An application for a permit shall be submitted in such form as the Building Inspector may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or building contractor employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Building Inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as Council may determine from time to time.
(c) Plans. Application for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structural details as the Building Inspector may require.
(d) Plot Diagram. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction, or in the case of demolition, of such construction as is to be demolished, and of all existing buildings, prepared by and signed by a registered surveyor, engineer or architect. The preparation and signature of such plot diagram by a surveyor, engineer or architect registered in the State of Ohio shall only be required for projects whose completion value exceeds five thousand dollars ($5,000).
(e) Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
(f) Completion of Existing Buildings. Nothing contained in this Zoning Ordinance shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of this Ordinance. Construction under such permit or approval shall have been started within six months and the ground story framework including structural parts of the second floor shall have been completed within one year and the entire building completed within two years after the effective date of this Ordinance.
(g) Action on Application. It shall be the duty of the Building Inspector to examine applications for permits, within a reasonable time after filing. If, after examination, he finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his finding in a report to be attached to the application and delivering a copy to the applicant.
(h) Approval in Part. Nothing in this section shall be construed to prevent the Building Inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of such building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this Zoning Ordinance.
(i) Condition of the Permit. All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. No person shall reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
(j) Signature to Permit. Every permit issued by the Building Inspector under the provisions of this Zoning Ordinance shall have his signature affixed thereto; but this shall not prevent him from authorizing a subordinate to affix such signature.
(k) Limitation. A permit under which no work is commenced within one year after issuance shall expire by limitation.
(l) Posting of Permit. A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of same. The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The Building Inspector shall be given at least twelve hours notice of the starting of work under a permit.
(m) Revocation. The Building Inspector may revoke a permit or approval issued under the provisions of this Zoning Ordinance when he finds there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (Ord. 1973-9. Passed 12-17-73.)
1127.02 CERTIFICATE OF OCCUPANCY.
(a) Required. No building shall be occupied before a Certificate of Occupancy has been issued. Certificate of Occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and such Certificate shall be issued within three days after the request for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed, in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding one year, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by these regulations, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(b) Certificate of Occupancy for Land. Certificate of Occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a Certificate of Occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of these regulations.
(c) Content. Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a Certificate of Occupancy.
(d) Certificate of Occupancy for Nonconforming Uses. A Certificate of Occupancy shall be required of all nonconforming uses. Applications for such certificate for nonconforming uses shall be filed within twelve months from the effective date of this Zoning Ordinance.
(e) Excavation Permit. No permit for excavation for any building shall be issued before application has been made for Certificate of Occupancy.
(Ord. 1973-9. Passed 12-17-73.)
1127.03 FEES.
A fee of ten dollars ($10.00) shall be paid to the Village for each application for a variance or conditional use. The fee shall be nonreturnable, regardless of the approval or denial of such application. (Ord. 1973-9. Passed 12-17-73.)
1129.01 CREATION; MEETINGS.
(a) Creation. A Board of Zoning Appeals is hereby created. Such Board shall consist of five members of Council, excluding the president pro temp. The terms of all members shall be one year commencing the first day of January of each year. Each member shall serve until his/her successor is appointed and qualified.
(Ord. 2000-02. Passed 2-14-00.)
(b) Organization. The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. At the first meeting of each year, the Board shall elect a chairman, vice-chairman and secretary. The secretary need not be a member of the Board. Meetings of the Board shall be held at the call of the chairman or three members of the Board. The chairman, or in his absence, the acting chairman, may administer oaths, if necessary, and the Board shall be open to the public and all business of the Board shall be transacted at such meetings. The Board may go into executive session, but not vote on any case before it. The Board shall keep the minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board, and shall be a public record.
(c) Quorum. Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Building and Zoning Inspector, or to decide in favor of an applicant in any matter of which the Board has original jurisdiction under this Zoning Ordinance or to grant a variance from the requirements stipulated in this Ordinance.
(d) Applications for Variance. An application for a variance, or an appeal from any decision of the Building and Zoning Inspector, may be taken by any property owner, including a tenant, governmental officer, department, board, or authorized agent of a property owner, such application shall be filed with the Building and Zoning Inspector, Board chairman or Board secretary, on a form prescribed for that purpose by the Board of Zoning Appeals who shall transmit the same to the Board. A fee as established in Section 1127.03 shall accompany any application for a variance. (Ord. 1986-06. Passed 6-9-86.)
1129.02 APPEALS.
(a) An appeal to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Building and Zoning Inspector. Such appeals shall be taken within twenty days after the decision, by filing with the Building and Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Building and Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building and Zoning Inspectors shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such a case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of competent jurisdiction after notice to the officer from whom the appeal is taken and on due cause shown.
(c) The Board, may in conformity with the provisions of this Zoning Ordinance, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end, shall have all powers of the Building and Zoning Inspector from whom the appeal is taken. A fee established by Council shall accompany any application for appeal.
(d) An appeal from the decision of the Board of Zoning Appeals in any matter in which the Board has original or appellate jurisdiction may be taken to the Court of Common Pleas of Carroll County, Ohio, or such other court of competent jurisdiction as may be provided for by law. (Ord. 1986-06. Passed 6-9-86.)
1129.03 NOTICE OF HEARINGS.
(a) When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the secretary shall immediately place such request for appeal upon the calendar for hearing, and shall cause notice stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request or appeal, at least five days prior to the date of the scheduled hearing.
(b) All notices shall be sent to addresses shown on the current tax duplicate of the County Auditor. Upon the day for hearing of any application or appeal, the Board of Zoning Appeals may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or appeal, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required. At this hearing, any party may appear in person or by attorney.
(Ord. 1986-06. Passed 6-9-86.)
1129.04 DECISIONS.
The Board of Zoning Appeals shall decide all applications for variances and appeals within thirty days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Building and Zoning Inspector and observed by him and he shall incorporate the terms and conditions of such decision in the permit to the applicant or appellant, whenever a permit is authorized by the Board. (Ord. 1986-06. Passed 6-9-86.)
1129.05 POWERS.
The powers of the Board are:
(a) To Interpret the Zoning Ordinance, Being:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building and Zoning Inspector in the enforcement of this Ordinance.
(2) To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Ordinance.
(3) To interpret the provisions of these regulations in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map fixing the several districts accompanying and made a part of this Ordinance where the street layout on the ground varies from the street layout as shown on the Zoning District Map.
(b) To Permit the Following Two Exceptions:
(1) Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.
(c) To Permit the Following Variances:
(1) To authorize upon appeal, where by reason of exceptional narrowness, shallowness, or shape or exceptional topographic conditions or other extraordinary situations or conditions of a lot, the strict application of the terms of this Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof, to authorize a variance from such strict application to relieve such difficulties or hardships provided such relief may be granted without substantial detriment to the public health, safety and welfare and without substantially impairing the intent of the Zoning Ordinances of the Village and providing further that no variance shall be granted unless the Board of Zoning Appeals finds that the following conditions exist:
A. The special circumstances or conditions applied by the Board to the land in question are peculiar to such lot or property and do not generally apply to other land or buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights and not merely to serve as a convenience to the applicant.
C. Grant temporary permits for buildings and uses that do not conform to the regulations herein prescribed. The permissible time period for such uses shall be set by the Board of Zoning Appeals. No extension of time, once granted, will be permitted, unless a hardship can be established.
D. Permit the extension of a building or use into a more restricted district immediately adjacent thereto, but not more than fifty feet beyond the boundary line of the district in which such building or use is authorized.
E. Permit such modification of the yard, parking or lot area or width regulations as may be necessary to secure the appropriate improvement of a parcel of land that is too small to be appropriately improved without such modification, or is adjacent to buildings that do not conform to the general restrictions applicable to their location.
F. The authorizing of a variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any way impair the health, safety, convenience or general welfare of the inhabitants of the Village.
(2) The Board may call upon the various officers and departments of the Village for assistance in the performance of its duties and it shall be the duty of such departments and officers to render such assistance to the Board as may be reasonably required.
(3) A decision of the Board shall not be interpreted or construed in such manner as to create a precedent requiring the Board to act in the same or similar manner in future applications or appeals.
(4) An appeal from the decision of the Board of Zoning Appeals in any matter in which the Board has original or appellate jurisdiction may be taken to the Court of Common Pleas of Carroll County, Ohio or such other court of competent jurisdiction as may be provided for by law.
(d) To Grant Conditional Use Permits. To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Ordinance. Before authorizing the issuance of such a conditional use permit, the Board of Zoning Appeals may impose, if necessary, such conditions as will, in the Board's judgment, insure that:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.
(5) Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(Ord. 1986-06. Passed 6-9-86.)
1131.01 ZONING DISTRICT MAP.
The boundaries of the zoning districts are shown upon the map attached to original Ordinance 1973-9 and made a part hereof, which map is designated as the" Zoning District Map". The district map and all notations, references and other information shown thereon are a part of these regulations and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which is properly attested and is on file with the Clerk of the Village.
(Ord. 1973-9. Passed 12-17-73.)
1133.01 AMENDMENT BY COUNCIL.
(a) Upon their own action or receipt of application from owner or lessee of land or resolution by the Planning Commission, Council may initiate a proposed change or amendment of this Zoning Ordinance or the Zoning District Map by transmitting such request, application or resolution to the Commission for study and report. The Planning Commission shall have not less than thirty days in which to consider and report upon such proposed ordinance but if no report is received from the Commission in sixty days, it may be assumed that the Commission has approved the amendment. The report of the Commission shall be transmitted to Council, at which time Council shall set a date for a public hearing upon the proposed change or amendment.
(b) In setting the date of such a public hearing, Council shall give at least thirty days notice thereof. Notice setting forth the time and place of such public hearing and the nature of the proposed change or amendment shall be given by Council in a newspaper of general circulation in the Village.
(c) If the ordinance, measure or regulation intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk-Treasurer, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council, and such list of names and addresses shall be supplied by the applicant to the Clerk-Treasurer at the time of filing.
(d) During such thirty days the text or copy of the text of such ordinance, measure or regulation, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure, or regulation and the maps, plans and reports submitted by the Planning Commission, board or offices shall be on file, for public examination, in the office of the Clerk-Treasurer or in such other office as is designated by Council.
(e) Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall make payment of such fees as Council may determine from time to time. Under no condition shall such sum or any part thereof be refunded for failure of such change to be adopted by Council. (Ord. 1973-9. Passed 12-17-73.)