Centerburg City Zoning Code
CHAPTER 1101
General Provisions
1101.01 PURPOSE.
It is the purpose of this Planning and Zoning Code to promote and protect the public health, safety, comfort, convenience, and general welfare of the people of Centerburg through the establishment of minimum regulations governing the subdivision, development, and use of land. Furthermore, the more specific purpose of this planning and Zoning Code is to:
(a) Implement the plans and policies adopted by the Village as it relates to the development of land;
(b) Encourage and facilitate orderly, efficient, and appropriate growth and development;
(c) Protect the character and the values of the residential, business, industrial and recreational areas and to assure the orderly and beneficial development of these areas;
(d) Provide adequate open spaces for light and air for all residents;
(e) Protect private investment into properties and the resulting property values;
(f) Establish appropriate development density and intensity in order to prevent or reduce congestion and to secure the economy in the cost of providing water supply systems, electricity, sewerage systems, streets, and highways, fire and police protection, schools, parks and recreation facilities, and other governmental services;
(g) Manage congestion on the streets, to improve the public safety by locating buildings and uses adjacent to streets in such a manner that they will cause the least interference with, and be damaged least by, traffic movements;
(h) Provide for adequate access to all areas of the Village by people of all abilities and by varied modes of transportation;
(i) Encourage interconnectivity of developments in order to provide multiple access points in and out of developments for safety purposes and traffic dispersion;
(j) Improve the quality of life through protection of the Village's total environment, including, but not limited to, the prevention of air, water and noise pollution;
(k) Avoid the inappropriate subdivision or development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage; and
(l) Foster a more rational pattern of relationship between agricultural, conservation, residential, business, commercial industrial and institutional uses for the mutual benefit of all.
(Ord. 2023-16. Passed 6-5-23.)
1101.02 SHORT TITLE.
These regulations shall be known and may be cited as the "Planning and Zoning Code of the Village of Centerburg", or referred to as the "planning and zoning code," "zoning ordinance," or the "code." This code may also be referred to as Part 11 of the Codified Ordinances of the Village of Centerburg, Ohio.
(Ord. 2023-16. Passed 6-5-23.)
1101.03 SCOPE AND AUTHORITY.
(a) General Authority and Scope.
(1) The authority for the preparation, adoption, and implementation of this code is derived from Ohio Revised Code (ORC) Chapters 711 and 713, which permits the adoption of uniform rules and regulations governing the zoning and subdivision of land.
(2) Nothing in this code shall be construed to limit Village Council in the exercise of all of the powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes.
(b) References to the Ohio Revised Code or the Ohio Administrative Code. Whenever any provision of this code refers to or cites a section of the Ohio Revised Code (as amended) or the Ohio Administrative Code (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Ord. 2023-16. Passed 6-5-23.)
1101.04 EFFECTIVE DATE.
This code was originally adopted by Village Council on May 1, 2006 (Ordinance 2006-13), as amended. (Ord. 2023-16. Passed 6-5-23.)
1101.05 APPLICABILITY.
(a) General Applicability.
(1) The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures, or portions thereof, located within the municipal boundaries of the Village of Centerburg. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in Section 1101.01.
(2) The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building, or structure, unless modified, varied or waived as provided herein.
(3) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) Public Utilities.
(1) The erection, construction, alteration, or maintenance by public utilities or municipal departments, boards, or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communications (including wireless telecommunication facilities as regulated in this code), supply or disposal systems, including mains, sanitary sewers, water lines, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department, board, or commission or for the public health, safety, or general welfare, shall comply with the regulations of this code to the extent permitted by Ohio law. To the extent mandated by Ohio law, exemptions for public utilities and facilities shall be construed as narrowly as possible to give as much effect to these regulations as allowed.
(2) Buildings required in conjunction with an essential service identified in subsection (1) above shall be subject to the regulations of this code and shall be reviewed as a principal use in accordance with Section 1105.05.
(Ord. 2023-16. Passed 6-5-23.)
1101.06 INTERPRETATION AND CONFLICT.
(a) Interpretation of Provisions. The provisions of this code shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, comfort, morals, convenience, and general welfare.
(b) Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This code is intended to complement other Village, State, and Federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions of this code shall govern.
(c) Repeal of Conflicting Ordinance. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.
(Ord. 2023-16. Passed 6-5-23.)
1101.07 RELATIONSHIP WITH THIRD-PARTY AGREEMENTS.
(a) This code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants, or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant, or other private third-party agreement, then the provisions of this code shall govern.
(b) Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.
(c) In no case shall the Village be obligated to enforce the provisions of any easements, covenants, or other agreements between private parties, even if the Village is a named party in and has been granted the right to enforce the provisions of such agreement.
(Ord. 2023-16. Passed 6-5-23.)
1101.08 SEVERABILITY.
(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment shall not affect the validity and continued enforcement of any other provision of this code.
(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other property, structure, or situation not specifically included in that judgment.
(c) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment. (Ord. 2023-16. Passed 6-5-23.)
1101.09 USE OF GRAPHICS, ILLUSTRATIONS, FIGURE, AND CROSS-REFERENCES.
(a) Graphics, illustrations, and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control.
(b) In some instances, cross-references between chapters, sections, and subsections are provided that include the chapter, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(c) A table shall be considered text for the purposes of this code unless specifically identified as a figure. (Ord. 2023-16. Passed 6-5-23.)
1101.10 BURDEN OF PROOF.
The burden of demonstrating that an application or any development subject to this code complies with applicable review and approval standards is on the applicant. The burden is not on the Village or other parties to show that the standards have not been met by the applicant or person responsible for the development.
(Ord. 2023-16. Passed 6-5-23.)
1101.11 EXAMINATION AND COPYING OF APPLICATION AND OTHER DOCUMENTS.
Documents and/or records may be inspected and/or copied as provided for by State law.
(Ord. 2023-16. Passed 6-5-23.)
1101.12 RECORDS.
The Village shall maintain permanent and current records of all applications and the decisions related to those applications in the Village offices in accordance with the Village's records retention policies.
(Ord. 2023-16. Passed 6-5-23.)
1101.13 COMPUTATION OF TIME.
(a) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday observed by the Village of Centerburg where the Village offices are closed for the entire day, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
(b) When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(c) All days shall be calendar days, including weekends, unless otherwise stated as business days, in which case the time excludes weekends.
(Ord. 2023-16. Passed 6-5-23.)
1101.14 GENERAL RULES FOR INTERPRETATION.
The following rules shall apply for construing or interpreting the terms and provisions of this code.
(a) Meanings and Intent. All provisions, terms, phrases, and expressions contained in this code shall be interpreted in accordance with the general purposes set forth in this chapter, and the specific purpose statements set forth throughout this code. When a specific section of this code gives a different meaning than the general definition provided in this code, the specific section's meaning and application of the term shall control.
(b) Headings, Illustrations, and Text. In the event of a conflict or inconsistency between the text of this code and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.
(c) Lists and Examples Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
(d) References to Other Regulations or Publications. Whenever reference is made to a code, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such code, statute, regulation, or document, unless otherwise specifically stated.
(e) Delegation of Authority. Any act authorized by this code to be carried out by a specific official of the Village may be carried out by a designee of such official.
(f) Technical and Nontechnical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(g) Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the Village of Centerburg, unless otherwise indicated.
(h) Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(i) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, provisions or events apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events apply.
(j) Tenses, Plurals, and Genders. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the a specific gender shall include all genders.
(k) Terms Not Defined. If a term used in this code is not defined in this code, the Zoning Administrator shall have the authority to provide a definition based upon the definitions used in accepted sources, including but not limited to, A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions, published by the American Planning Association. Zoning Administrator may also rely on Webster's Dictionary or a similar source for the definition of terms.
(Ord. 2023-16. Passed 6-5-23.)