Chillicothe City Zoning Code
TITLE TWO
Administration and Enforcement
1111.01 ZONING AND CODE ENFORCEMENT OFFICIAL.
(a) Office of Zoning and Code Enforcement Official Established. The Zoning and Code Enforcement Official shall be an employee of the City and shall enforce the provisions of this Ordinance.
(b) Relief from Personal Liability. The Zoning and Code Enforcement Official and any officer or employee who acts in good faith and without malice in the discharge of his duties during enforcement of this Ordinance is relieved of personal liability subject to the provisions of Chapter 2744 of the Ohio Revised Code.
(Ord. 49-24. Passed 8-12-24.)
1111.02 PLANNING COMMISSION.
(a) Establishment. The Planning Commission as constituted at the time of enactment of this Zoning Code shall remain in power. Pursuant to Chapters 711 and 713 of the Ohio Revised Code, such Commission shall consist of the Mayor, the Director of Public Service, and three (3) citizens of the City to be appointed by the Mayor for terms of six (6) years each, Subsequent vacancies shall be filled by the Mayor.
(b) Removal of Members. Members of the Commission shall be removable for nonperformance of duty, misconduct in office, or other just cause, by the Mayor.
(c) Organization and Rules.
(1) The Commission shall adopt, from time to time, such rules, procedures and regulations as it may deem necessary to implement the provisions of this Ordinance.
(2) The Commission shall elect a Chairman who shall serve a two (2) year term.
(3) The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact. Three (3) members of the Commission shall constitute a quorum.
(4) The meetings of the Commission and its records shall be subject to the requirements of the Ohio Open Meeting Act. (ORC 121.22)
(d) Powers and Duties. The Planning Commission shall have the following powers and duties:
(1) Prepare a recommended Comprehensive Plan for the City and recommend from time to time amendments to that Plan as may be needed.
(2) Take actions to approve, approve with modification or disapprove subdivisions of land, as authorized by this Planning and Zoning Code.
(3) Review proposed amendments to this Planning and Zoning Code or Official Zoning District Map and make recommendations to City Council.
(4) Permit conditional uses as specified in the various zoning districts under the conditions specified in this Ordinance, and such additional safeguards as will uphold the intent of the Ordinance.
(5) Make a recommendation for the zoning of newly annexed areas to the City, in accordance with this Ordinance.
(Ord. 49-24. Passed 8-12-24.)
1111.03 BOARD OF ZONING APPEALS.
(a) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this Ordinance shall continue in power. Pursuant to Chapter 713 of the Ohio Revised Code, the Board shall consist of seven (7) members, one of whom shall be a member of the Planning Commission so designated annually by that entity. The remaining six (6) members shall be appointed by the Mayor annually, with the approval of City Council, for overlapping terms of four (4) years. Each of the six (6) wards of the City shall be represented by one of the remaining six (6) members who shall be a resident of that ward. Vacancies shall be filled by the Mayor with the approval of City Council and shall be for the unexpired term. Each member shall serve until their successor is appointed.
(b) Removal of Members. Members of the Board shall be removable for non-performance of duty, misconduct in office, or other cause, by the Mayor.
(c) Organization and Rules.
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The Board shall elect a Chairman. Four (4) members shall constitute a quorum. The concurring vote of four (4) members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Zoning Inspector.
(2) The meetings of the Board and its records shall be subject to the requirements of the Ohio Open Meetings Act (ORC 121.22).
(3) The meetings of the Board shall be held at the call of the Chairman.
(4) Except as otherwise provided by the Ohio Public Records Act, the Board shall keep 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 action, all of which shall be filed in the City offices.
(5) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(6) The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(d) Powers and Duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning and Code Enforcement Official from whom the appeal is taken. No appeal may be taken to the Board in connection with any matter over which the Planning Commission has jurisdiction. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning District Map, in accordance with the provisions of this Ordinance.
(2) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning and Code Enforcement Official related to this Ordinance.
(3) Authorize such variances from the terms of the zoning provisions of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance would result in unnecessary hardship.
(4) Authorize the substitution, extension or exceptions of nonconforming uses, as specified in Chapter 1125.
(Ord. 49-24. Passed 8-12-24.)
1111.04 POWERS OF ZONING AND CODE ENFORCEMENT OFFICIAL, BOARD OF ZONING APPEALS AND CITY COUNCIL ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning and Code Enforcement Official, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning and Code Enforcement Official. It is further the intent of this Ordinance that the powers of City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. City Council shall not have the authority to overrule the decisions of the Board of Zoning Appeals on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in Chapter 1119.
(Ord. 49-25. Passed 8-12-24.)
1113.01 ZONING CERTIFICATES.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a zoning certificate therefor, issued by the Zoning Inspector. The zoning certificate shall certify that the proposed action is in conformance with this Ordinance.
(Ord. 27-11. Passed 3-14-11.)
1113.02 CONDITIONS UNDER WHICH A ZONING CERTIFICATE IS REQUIRED.
A zoning certificate is required for any of the following:
(a) Occupancy and/or use of vacant land.
(b) Construction or structural alteration of any building or structure, including accessory buildings.
(c) Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.
In no case shall a zoning certificate be required in the event of a change in ownership or tenancy only, without a change in use or proposed use, provided no repairs, alterations or additions are proposed for the building or structure.
(Ord. 27-11. Passed 3-14-11.)
1113.03 APPLICATION FOR ZONING CERTIFICATE.
Applications for a zoning certificate shall be obtained from the offices of the Zoning Inspector. The application shall contain the following information:
(a) Name, address, and telephone number of the applicant.
(b) Legal description of property, as recorded in Ross County Recorder's office.
(c) Existing and proposed uses.
(d) Zoning district in which property is located.
(e) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations.
(f) Height of proposed buildings or alterations.
(g) Number and dimensions of existing and proposed off-street parking or loading spaces, applicable.
(h) Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
(i) Number of proposed dwelling units.
(j) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes within jurisdiction of the Utilities Department of the City of Chillicothe, the application shall be accompanied by an approval by the Ross County Water Company and/or the Ross County Board of Health or other applicable authority of the proposed method of water supply and disposal of sanitary wastes.
Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.
(Ord. 27-11. Passed 3-14-11.)
1113.04 APPROVAL OF ZONING CERTIFICATES.
Within 30 days after the receipt by the Zoning Inspector, the application shall be either approved or denied by the Zoning Inspector, unless the provisions of other specific sections of this Ordinance apply. All zoning certificates shall be conditional upon the commencement of work within three (3) months from date of approval. One (1) copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or denied as attested by the signature of the Zoning Inspector on such copy. In the case of denial, the Zoning Inspector shall state on the returned application the specific reasons for denial. One (1) similarly marked copy of the application shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Ordinance. Such placard shall remain posted until a Certificate of Zoning Compliance, pursuant to Section 1113.06, has been issued.
A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector and copies shall be furnished upon request to any person(s) upon request, subject to reasonable costs for duplication and/or copying.
(Ord. 27-11. Passed 3-14-11.)
1113.05 EXPIRATION OF ZONING CERTIFICATES.
If the work described in any zoning certificate has not begun within three (3) months from the date of issuance thereof, or has not been completed within two (2) years from the date of issuance thereof, said permit shall expire. Further work as described in the expired permit shall not proceed unless and until a new zoning certificate has been obtained or an extension has been granted by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1113.06 CERTIFICATE OF ZONING COMPLIANCE.
(a) Certificate of Zoning Compliance Required. No person shall use, occupy, or permit the use or occupancy of any building, premises, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance. The Certificate of Zoning Compliance may be part of a zoning certificate.
(b) Application for Certificate of Zoning Compliance. Certificates of Zoning Compliance shall be applied for by the applicant giving notice to the Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this Ordinance.
(c) Record of Certificate of Zoning Compliance. The Zoning Inspector shall maintain a record of all Certificates of Zoning Compliance and a copy of any individual certificate shall be furnished upon request to any person(s) upon request subject to reasonable costs for duplication and/or copying. (Ord. 27-11. Passed 3-14-11.)
1113.07 VOID ZONING CERTIFICATES.
A zoning certificate shall be void if any of the following conditions exist:
(a) The zoning certificate was issued by the Zoning Inspector contrary to the provisions of this Ordinance .
(b) The zoning certificate was issued based upon a false statement by the applicant.
(c) The zoning certificate has been assigned or transferred.
When a zoning certificate has been declared void for any of the above reasons by the Board of Zoning Appeals written notice of its revocation shall be given by certified mail to the applicant and sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land shall cease, unless and until a new zoning certificate has been issued.
(Ord. 27-11. Passed 3-14-11.)
1115.01 PRE-APPLICATION MEETING.
Prior to preparation of a preliminary plan, an Owner/Developer is encouraged to meet with the Zoning Inspector and/or the Planning Commission to familiarize himself/herself with the provisions of this Ordinance and other applicable regulations. The submittal of a concept or sketch plan for the proposed development, incorporating existing aerial photographs and topographic information, and plans for adjacent areas, is strongly recommended.
(Ord. 27-11. Passed 3-14-11.)
1115.02 SUBMITTAL OF MINOR SUBDIVISIONS ("LOT SPLITS").
If the Zoning Inspector determines that the proposed subdivision of land meets the following criteria, then it shall be classified as a minor subdivision:
(a) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utilities, and
(b) Creates no more than five (5) lots including the remainder, and
(c) Complies with the requirements of Chapter 711 of the Ohio Revised Code and applicable zoning regulations of the City.
If the subdivision is considered as a minor subdivision, only such drawings and information as is determined necessary by the Zoning Inspector to determine compliance with pertinent subdivision, zoning and other regulations need to be submitted for approval. At a minimum, the submitted material shall include a survey of the property by a Registered Surveyor, along with a completed application form as provided for such purpose by the Zoning Inspector.
After determination that such action meets the criteria for a minor subdivision and within ten (10) business days after it has been submitted, the Zoning Inspector may approve or disapprove said minor subdivision by indicating upon the preliminary plan or instrument of conveyance "Approved (Disapproved) Chillicothe Planning Commission / No Plat Required", or he/she may refer such submittal to the full Planning Commission. In cases of approval or disapproval, one (1) copy of the preliminary plan or instrument of conveyance, with such notation thereon, shall be retained for the files of the Planning Commission. The decision of the Zoning Inspector may be appealed in writing to the full Planning Commission within thirty (30) days from the date of the approval or disapproval.
If no action on the proposed minor subdivision is taken within thirty (30) days from submittal of an application for a minor subdivision to the Zoning Inspector, then the minor subdivision shall be considered as approved by the Planning Commission
(Ord. 27-11. Passed 3-14-11.)
1115.03 APPLICATION FOR PRELIMINARY PLAN.
Any Owner/Developer, upon determining to proceed with a major subdivision shall submit five (5) complete sets of drawings and other material for an application as specified in Section 1115.04 below, to the Zoning Inspector, along with applicable fees as established by City Council in separate Ordinance.
Within fifteen (15) working days from receipt, the Zoning Inspector shall review the submitted materials to determine completeness. If the application meets the submittal requirements as specified in Section 1115.04 below, the Zoning Inspector shall certify such application and proceed with review. If the application is found to be incomplete, the Owner/Developer shall be notified, and the submitted materials shall be so marked.
(Ord. 27-11. Passed 3-14-11.)
1115.04 CONTENTS OF APPLICATION FOR PRELIMINARY PLAN.
The application for preliminary plan shall, at a minimum, include the following information:
(a) Proposed name of the subdivision and its location;
(b) Names, addresses and telephone numbers of owners and/or developers;
(c) Name, address and registration number of the Professional Engineer or Professional Surveyor preparing the plan.
(d) Date, north arrow and plan scale;
(e) Boundary lines of the proposed development and the total tract owned or controlled by Owner /Developer, along with the acreage of both;
(f) Existing physical features, including any existing structures, with contour lines at not more than two foot (2') intervals if slope of the site is fifteen percent (15%) or less, and five feet (5') if slope of the site is more than fifteen percent (15%). Contours shall be based on USGS topographic information, recent aerial photography and/or ground surveys;
(g) Portions of the site identified by the Federal Emergency Management Agency (FEMA) as within the Official Flood Hazard Area for the 100-Year Flood, as specified on Official Flood Hazard studies, or Flood Hazard Boundary Map(s) for Chillicothe, as may be amended.
(h) Portions of the site subject to federal wetlands requirements.
(i) Existing sewers, water mains, transmission lines, culverts and other underground structures within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations;
(j) Proposed lot or parcel dimensions, street rights-of-way widths, water, sanitary sewer and storm sewer layout, along with grades and elevation of proposed streets, storm sewers and sanitary sewers;
(k) Other utility system layouts and requirements;
(l) Proposed methods for addressing storm water runoff;
(m) Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the conditions proposed for such covenant, and for the dedications;
(n) For commercial and/or industrial development, the location, dimensions and grades of proposed parking and loading areas, alleys, streets and points of vehicular ingress and egress to the site.
All drawings shall be submitted in AutoCAD format and as TIFF images, or other format as determined by the Zoning Inspector.
(Ord. 27-11. Passed 3-14-11.)
1115.05 SUBMITTAL OF PRELIMINARY PLAN TO PLANNING COMMISSION.
Upon certification of the preliminary plan application pursuant to Section 1115.03 above, the Zoning Inspector shall review said application and submit same to the City Engineer, other City departments and/or other entities as deemed appropriate for input. In addition, the Zoning Inspector may seek the input of special consultants for the express purpose of providing input on particular issues, and the costs of such services shall be paid by the applicant. After review, the Zoning Inspector shall submit the preliminary plan to the Planning Commission, along with a compilation of comments, recommendations and input received from other sources and his/her recommendations for action. The date of submittal of the preliminary plan shall be deemed the date of the first Planning Commission meeting following completion of review by the Zoning Inspector. (Ord. 27-11. Passed 3-14-11.)
1115.06 ACTION ON PRELIMINARY PLAN BY PLANNING COMMISSION.
The Planning Commission shall review and take action on the preliminary plan not later than thirty (30) days from submittal of the preliminary plan to the Commission by the Zoning Inspector pursuant to Section 1115.05 above, or within such further time as is agreed upon by the Owner/Developer. In reviewing the preliminary plan, the Planning Commission shall consider the input received from the Zoning Inspector and City Engineer.
A preliminary plan shall not be approved unless the Planning Commission finds that:
(a) The preliminary plan complies with the provisions of the Ohio Revised Code, this Ordinance and all other applicable ordinances or regulations of the City, and
(b) The subdivision can be adequately served with public facilities and services suitable under the specific circumstances, and
(c) Land intended for building sites appears suitable for development and is not likely to be subject to peril from floods, erosion, continuously high water table, poor soil conditions or other menace; however, preliminary approval shall not be construed to imply or infer any warranty or assurance by the City that such hazards do not exist, or any liability thereof.
The Planning Commission may approve, disapprove, or approve with modification the submitted plan. The grounds for the action, including citation or reference for rules violated by the plan, shall be stated in the written record of the Commission. Any approval of a preliminary plan shall be effective for a period of two (2) years.
In the event that modifications are required, a copy of the revised preliminary plan incorporating such modifications shall be completed by the Owner/Developer and submitted to the Commission for the permanent file.
Approval of the preliminary plan shall confer upon the applicant the right for a two (2) year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within such two (2) year period, the whole, including all parts of the preliminary plan shall be submitted for final approval, pursuant to Section 1115.07 below, unless an extension of such time is granted by the Planning Commission
(Ord. 27-11. Passed 3-14-11.)
1115.07 APPLICATION FOR FINAL PLAT.
Upon approval of the preliminary plan, an application for a final plat for land being subdivided shall be submitted by the Owner/Developer pursuant to Section 1115.11 below. The application for a final plat shall incorporate all modifications required by the Planning Commission during approval of the preliminary plan, and otherwise conform to the preliminary plan as approved. The Owner/Developer may apply for a final plat covering that portion of an approved preliminary plan which he/she proposes to develop and record at the time, provided that such portion conforms to all provisions of these regulations.
(Ord. 27-11. Passed 3-14-11.)
1115.08 PLANS AND SPECIFICATIONS FOR SITE IMPROVEMENTS.
Prior to action on a final plat by the Planning Commission, the applicant shall prepare Construction and Grading Plans, specifications and cost estimates of the required site improvements. Such cost estimates shall reflect current prevailing wage rates, and shall be prepared and certified by a Professional Engineer. A minimum of ten (10) copies of such material shall be submitted to the City Engineer and local utilities, as directed by the City Engineer. All drawings shall be submitted in AutoCAD format and as TIFF images or other format as approved by the City Engineer.
The estimates shall be grouped according to the following:
(a) Street improvements, including curb, gutter, pavement, sidewalks, street lighting, storm drainage and signage;
(b) Water mains, including lines, valves and hydrants;
(c) Sanitary sewers, including lines, manholes, lift stations and service taps if located within the public street right-of-way;
(d) Storm drainage improvements, including pipes, drainage structures, and grading and earthwork for detention/retention areas and open channels.
(e) Site improvements, including seeding, sodding, and erosion control.
(f) Other site improvements as required by the City Engineer.
(Ord. 27-11. Passed 3-14-11.)
1115.09 REVIEW BY CITY ENGINEER.
The City Engineer shall review the plans submitted pursuant to Section 1115.08 above, and, subject to his review, they shall be approved or returned with comments. The City Engineer may submit the plans for review by special consultants selected by the City for that purpose, if it is determined by the City Engineer that such review is warranted. The costs associated with such reviews shall be paid for by the Owner/Developer.
(Ord. 27-11. Passed 3-14-11.)
1115.10 CONSTRUCTION OF IMPROVEMENTS AND PERFORMANCE GUARANTEES.
The Owner/Developer may install, construct, have inspected and approved by the City Engineer all required site improvements prior to submitting the application for approval of a final plat or he/she may furnish satisfactory performance guarantees, pursuant to Chapter 1191, for the construction of such improvements.
No construction work on such development, including street grading, shall be started until the Owner/Developer has obtained approval of the Construction and Grading Plans from the City Engineer, approval of necessary bonds and/or letters of credit, payment of all applicable inspection and other development fees, and execution of any development agreement pursuant to Chapter 1191. (Ord. 27-11. Passed 3-14-11.)
1115.11 APPLICATION FOR APPROVAL OF FINAL PLAT.
Any Owner/Developer, upon determining to proceed with a final plat, shall submit six (6) complete sets of drawings and materials as specified in Section 1115.12 below to the Zoning Inspector. The applicant shall submit all fees as applicable for a final plat, as established by City Council. Within ten (10) business days, the Zoning Inspector shall review the application, and determine if such application is complete and if all applicable requirements of this Ordinance have been met. If the Zoning Inspector determines that all applicable requirements have been met, the Zoning Inspector shall transmit the application to the Planning Commission at its next regularly scheduled meeting, which shall be deemed the date of submission of the final plat.
(Ord. 27-11. Passed 3-14-11.)
1115.12 CONTENTS OF APPLICATION FOR FINAL PLAT.
A final plat shall be drawn to a scale of one (1) inch to one hundred feet, capable of printing on sheet or sheets 24"X 36" in size, or other size and scale as determined appropriate by the City Engineer. All drawings shall be submitted in AutoCAD format and as TIFF images or other format as approved by the City Engineer. The final plat shall contain the following items:
(a) Name of the subdivision and the section number, if it is a portion of the total subdivision.
(b) A legal description including parcel identification number and property owner's name.
(c) All required certifications and approvals.
(d) Requested covenants and/or deed restrictions.
(e) Sheet and total number for each sheet, including covenant sheet and construction plan.
(f) Scale and north indicator.
(g) The bearings and distances of the boundary lines of the subdivision.
(h) The bearings and distances of all lot lines or areas dedicated to public uses within the subdivision. In case of curved sides of lots, the tangent deflection angle, the length of the tangent, the length of radius, the length of arc and the length and bearing of the chord shall be given.
(i) Lot numbers.
(j) The bearing and distances of all straight sections of street center lines. Curved sections of street center lines shall show the same information as curved lot lines.
(k) Street names so as to not duplicate the name of any current street name in the City.
(l) Street, alley and easement widths. Any easements not parallel to property lines shall show the bearings and distances of the lines.
(m) The location of all permanent markers or monuments.
(n) Building setback lines with their distance from the right-of-way lines.
(o) The proposed location of all utilities and easements, including dimensions.
(p) Certification of engineering data on the plat by a Professional Engineer or Surveyor.
(q) All of the above, including any additional requirements as may be cited by the Ross County Auditor or Recorder.
(Ord. 27-11. Passed 3-14-11.)
1115.13 ACTION BY PLANNING COMMISSION.
If the final plat as submitted to the Commission pursuant to Sections 1115.11 and 1115.12 above conforms to all other requirements of this Ordinance, and is consistent with the preliminary plan with such changes as required by the Planning Commission, and if satisfactory provision is made regarding site improvements, and costs pursuant to Section 1115.08, the Commission shall take action on the final plat within thirty (30) days from the date that the final plat is submitted, or within such further time as the Owner/Developer may agree to. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Chairman of the Planning Commission. Reasons for disapproval of a final plat shall be stated in the records of the Commission, including citations or references to the requirements or provisions of any applicable ordinances or regulations of the City that are inconsistent with the final plat.
If the Commission fails to act upon the final plat within the time allotted, the plat shall be considered as approved, and the certificate of the Planning Commission as to the date of the submission of the plat for approval, and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval. (Ord. 27-11. Passed 3-14-11.)
1115.14 CONDITIONAL APPROVAL.
The Commission may grant conditional approval to a final plat by requiring the Owner/Developer to alter the plat or any part of it, within a specified period after the end of the thirty (30) calendar days, as a condition for final approval. Once all conditions have been met within the specified period, the Commission shall cause its final approval to be endorsed on the plat. No plat shall be recorded until it is so endorsed with the Commission's final or unconditional approval. (Ord. 27-11. Passed 3-14-11.)
1115.15 APPEAL OF PLAT REFUSAL.
Within thirty (30) days after final plat denial, the Owner/Developer may appeal such denial following procedures as specified in the Ohio Revised Code.
(Ord. 27-11. Passed 3-14-11.)
1115.16 ACCEPTANCE OF PUBLIC LANDS AND IMPROVEMENTS.
Within thirty (30) days after approval of the final plat by the Planning Commission, the Zoning Inspector shall forward the plat to the City Council for acceptance of the public rights-of-way and easements dedicated or granted thereon. Action of the City Council shall be by separate ordinance, containing a statement authorizing the Clerk of Council to sign the plat and instructing him/her when such signing shall occur.
(Ord. 27-11. Passed 3-14-11.)
1115.17 RECORDING OF PLAT.
Upon approval of the final plat, a copy thereof shall be properly recorded in the office of the Ross County Recorder, at the sole expense of the Owner/Developer. The Final Plat shall be so recorded within sixty (60) days after such plat is approved. In the event that the Final Plat is not recorded within sixty (60) days, the approval of such Final Plat shall thereupon become null and void, unless an extension of such time is granted by the City Council. At such time as the final plat is submitted for recording, the final plat shall contain the City lot number designations, as well as a statement that the public improvements associated with the plat shall be completed within twenty-four (24) months from the date of final plat approval.
Subsequent to the recording required hereby, one copy shall be returned to the Zoning Inspector, along with the assurances for completion of improvements as required in this Ordinance. (Ord. 27-11. Passed 3-14-11.)
1117.01 POWER OF CITY COUNCIL.
Whenever the public necessity, convenience, or general welfare require, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Ordinance or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
(Ord. 27-11. Passed 3-14-11.)
1117.02 INITIATION OF AMENDMENTS.
Zoning amendments may be initiated in one of the following ways:
(a) By referral of a proposed amendment to the Planning Commission by City Council.
(b) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.
(c) By the filing of an application as set forth in Section 1117.03 by at least one (1) owner of property within the area proposed or affected by the said amendment or the owner's designated agent.
(Ord. 27-11. Passed 3-14-11.)
1117.03 APPLICATION.
An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Proposed amendment to the text or, in cases where property is proposed to be placed in a different zoning district, a legal description of the property affected.
(c) Present use and district.
(d) Proposed use and district.
(e) A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(f) A list of all property owners within 200 feet from the parcel(s) proposed to be rezoned and their address as appearing on the Ross County Auditor's current tax list or Ross County Treasurer's mailing list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
(g) A statement as to how the proposed amendment will impact adjacent and proximate properties.
(h) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.
(i) A fee as established by the City Council.
(Ord. 27-11. Passed 3-14-11.)
1117.04 TRANSMITTAL OF AMENDMENT TO PLANNING COMMISSION.
Upon referral of the proposed zoning amendment by City Council, or the filing of an application by at least one (1) owner of the property or the designated agent, the Zoning Inspector shall transmit the proposed amendment to the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)
1117.05 RECOMMENDATION BY PLANNING COMMISSION.
Within sixty (60) days after the first regular meeting of the Planning Commission after the receipt of the proposed zoning amendment, the Planning Commission shall recommend to the City Council that the amendment be approved as requested, approved with modification, or that the amendment be denied. A public hearing may be held by the Planning Commission for consideration of the proposed amendment. If such a hearing is held, the Planning Commission shall follow the requirements for notification as specified in Section 1117.07 below.
In considering a proposed zoning amendment, the Planning Commission may seek the input and recommendations of outside counsel or consultants procured for that purpose, contingent on funding for such purposes as may be appropriated by City Council.
(Ord. 27-11. Passed 3-14-11.)
1117.06 CRITERIA.
In reviewing the proposed zoning amendment and making its recommendation to Council, the Planning Commission shall consider the following factors:
(a) Whether the proposed change is consistent with the established land use pattern in the surrounding area.
(b) Whether the proposed change would alter the population density pattern and thereby adversely impact public facilities such as schools, utilities, streets.
(c) Whether the existing district patterns are logically drawn in relation to existing conditions on the property proposed for change.
(d) Whether changed or changing conditions make adoption of the proposed amendment necessary.
(e) Whether the proposed change is out of scale with the needs of the neighborhood or City and existing zoning patterns.
(f) Whether the proposed change would be likely to have an adverse effect on the existing natural environment.
(g) The relationship of the proposed amendment to the purposes and objectives of the Comprehensive Plan with appropriate consideration as to whether the proposed change will further the purposes and objectives of this and other ordinances, codes and regulations of the City of Chillicothe.
(Ord. 27-11. Passed 3-14-11.)
1117.07 ACTION BY CITY COUNCIL.
(a) Public Hearing. Before the proposed zoning amendment may be passed, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. If the proposed Ordinance intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk of Council, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within, contiguous to, and directly across the street or alley from such parcel or parcels to be redistricted to the address, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed amendment.
(b) Display of Relevant Materials. During the thirty (30) days as set forth in subsection (a) above, the text or copy of the text of the proposed Ordinance, together with maps, plans, and reports as submitted to the Planning Commission shall be on file, for public examination, in the office of the Zoning Inspector.
(c) Action by City Council. No zoning amendment which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No zoning amendment which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the City Council. Failure of City Council to take final action on the proposed amendment within sixty (60) days after the public hearing conducted pursuant to subsection (a) hereof shall be deemed a rejection of the amendment.
(Ord. 27-11. Passed 3-14-11.)
1117.08 ZONING MAP AMENDMENTS.
If the amendment as passed by City Council pertains to a change in the Official Zoning District Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and date of adoption.
(Ord. 27-11. Passed 3-14-11.)
1117.09 SUCCESSIVE APPLICATIONS.
No application for a zoning change shall be made within twelve (12) months from the date of the scheduled public hearing of a previous application for substantially the same request, which was not approved by Council, unless the applicant can provide proof that there has been a substantial change of conditions and character of the surrounding area.
(Ord. 27-11. Passed 3-14-11.)
1119.01 APPEALS.
(a) Taking of Appeals. Pursuant to Chapter 713 of the Ohio Revised Code, appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance by the Zoning Inspector may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, or board. Such appeal shall be taken within twenty (20) days after the date of the decision, by filing with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the decision of the Zoning Inspector which the appeal is being taken.
(b) Imminent Peril. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown, be granted by the Board of Zoning Appeals after notice to the Zoning Inspector, or by judicial proceedings.
(Ord. 27-11. Passed 3-14-11.)
1119.02 POWERS OF THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty and/or unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Board unless it finds that the applicant has shown that the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such unnecessary hardship has not been created by the applicant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(f) That the variance involves no violation of existing laws of the City or the State of Ohio.
Under no circumstances shall the Board of Zoning Appeals grant a variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district. No variance shall be authorized unless the Board specifically finds that the conditions of the specific property for which the variance is sought is not so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition.
(Ord. 27-11. Passed 3-14-11.)
1119.03 APPLICATION FOR VARIANCE AND APPEALS.
Any person owning or having an interest in property, after being denied a zoning certificate, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector, with the Board of Zoning Appeals, on a form as specified for that purpose.
The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property as recorded in Ross County Recorder's office.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) In cases of variance, if a specific property is involved, the names and addresses of all property owners contiguous to, and directly across the street or alley from the property, as appearing on the Ross County Auditor's current tax list.
(e) In cases of appeal, the application shall include a copy of the decision from which the appeal is sought.
(f) Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.
(g) A narrative statement explaining the following:
(1) The use for which variance or appeal is sought.
(2) Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
(3) The specific reasons why the variance or appeal is justified, according to Section 1119.02(a) - (e).
(Ord. 27-11. Passed 3-14-11.)
1119.04 PUBLIC HEARING BY THE BOARD.
The Board of Zoning Appeals shall schedule a public hearing to occur within thirty (30) days after receipt of an application for an appeal from decision of the Zoning Inspector. At such hearing, any party may appear in person or may be represented by agent or attorney.
(Ord. 27-11. Passed 3-14-11.)
1119.05 NOTICE OF PUBLIC HEARING.
Before holding any public hearing for a variance or appeal, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance. In addition, written notice of such hearing shall be mailed by the Board, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include at a minimum, owners and occupants of property contiguous to, and directly across the street or alley from the property being considered. Failure of delivery of such notice shall not invalidate the actions of the Board of Zoning Appeals. In cases of appeal, adjacent and contiguous property owners and occupants need not be notified.
In addition, at least ten (10) days prior to the scheduled hearing, the applicant for a variance shall cause to be placed on the property in a conspicuous place in the front yard, or if there is no front yard, on the front of the building in a conspicuous place, a sign furnished by the City at least 22 inches by 28 inches yellow in color containing substantially the following language: "An application for variance of this property has been made to the Board of Zoning Appeals of the City of Chillicothe. A public hearing on such application will be held at _____ on the ___ day of, ______, 20__ at the Chillicothe City Building."
(Ord. 27-11. Passed 3-14-11.)
1119.06 ACTION BY BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing for a variance or appeal, pursuant to Section 1119.04, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1119.07, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall transmit a written copy of its decision and findings to the applicant. If the application is approved, or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
If the request for appeal or variance is denied, any party or entity may seek relief pursuant to procedures as cited in the Ohio Revised Code.
(Ord. 27-11. Passed 3-14-11.)
1119.07 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate and reasonable conditions and safeguards in conformity with this Ordinance. No person shall violate any condition or safeguard when the condition or safeguard is made a part of the terms under which the appeal or variance is granted. Any violation of this chapter shall be punishable pursuant to Section 1123.02.
(Ord. 27-11. Passed 3-14-11.)
1121.01 PURPOSE.
Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning Commission may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this Planning and Zoning Code.
(Ord. 27-11. Passed 3-14-11.)
1121.02 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for a conditional use provided for by this Ordinance in the zoning district in which the property is situated. An application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the Planning Commission. The application shall contain the following information:
(b) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(c) A narrative statement evaluating the effects on adjoining property, and an explanation of how the proposed use will be made compatible with adjacent and other properties in the district.
(d) The names and addresses of all property owners contiguous to, and directly across the street or alley from the property, as appearing on the Ross County Auditor's current tax list.
(e) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning Commission, as determined by the Zoning Inspector.
(Ord. 27-11. Passed 3-14-11.)
1121.03 NOTICE AND HEARING BY PLANNING COMMISSION.
The Zoning Inspector shall transmit an application filed pursuant to Section 1121.02 above to the Planning Commission at its next regularly scheduled meeting. The Planning Commission shall schedule a public hearing to occur within thirty (30) days after receipt the application.
Written notice of the public hearing shall be mailed by the Planning Commission by first class mail, at least ten (10) days before the date of the public hearing to all owners of property contiguous to, and directly across the street from the property, as submitted by the applicant in Section 1121.02(d) above. The failure of delivery of such notice shall not invalidate any action taken by the Planning Commission on such application. In addition, at least ten (10) days prior to the scheduled hearing, the applicant for a variance shall cause to be placed on the property in a conspicuous place in the front yard, or if there is no front yard, on the front of the building in a conspicuous place, a sign furnished by the City at least 22 inches by 28 inches yellow in color containing substantially the following language: "An application for conditional use of this property has been made to the Planning Commission of the City of Chillicothe. A public hearing on such application will be held at ____ on the ___ day of, ______, 20__ at the Chillicothe City Building." (Ord. 27-11. Passed 3-14-11.)
1121.04 GENERAL STANDARDS FOR CONDITIONAL USES.
The Commission shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:
(a) Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of such area.
(b) Seeks to maintain, and will not be hazardous to, the health, safety and welfare of the existing neighboring, and the community.
(c) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(d) Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
(e) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
(f) Will have vehicular approaches to the property which shall be so designated as not to interfere with traffic on surrounding public streets or roads.
(g) Complies with any other requirements or standards that are cited under the specific zoning district regulations of this Ordinance.
(Ord. 27-11. Passed 3-14-11.)
1121.05 SUPPLEMENTARY CONDITIONS.
In granting any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformance with this Ordinance.
(Ord. 27-11. Passed 3-14-11.)
1121.06 ACTION BY THE PLANNING COMMISSION.
Within thirty (30) days from the date of the hearing as cited in Section 1121.03 above, the Commission shall either approve, approve with supplementary conditions as specified in Section 1121.05, or disapprove the application as presented. If the application is approved with supplementary conditions, the Commission shall direct the Zoning Inspector to issue a zoning certificate listing the specific conditions listed by the Commission for approval. If the application is disapproved, the applicant may seek relief pursuant to the Ohio Revised Code and other provisions of this Ordinance. If no action is taken by the Commission within the specified time frame, the application shall be considered as approved.
(Ord. 27-11. Passed 3-14-11.)
1121.07 EXPIRATION AND REVOCATION OF ZONING CERTIFICATE ISSUED UNDER CONDITIONAL USE PROVISIONS.
The approval of the zoning certificate issued in accordance with Section 1121.06 shall become null and void if such use is not fully implemented, as evidenced by issuance of a Certificate of Zoning Compliance pursuant to Section 1113.06, within one (1) year after date of approval; however, the Planning Commission may grant an extension of a zoning certificate for a conditional use for an additional period of six (6) months. The Planning Commission may revoke the zoning certificate if it finds, based upon written evidence by any citizen or official of the City, of violation of this Ordinance and/or written terms and conditions upon which approval was based. (Ord. 27-11. Passed 3-14-11.)
1123.01 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The City Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, subdivision plats, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.
(Ord. 27-11. Passed 3-14-11.)
1123.02 VIOLATION.
(a) Violation and Remedies. If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Planning and Zoning Ordinance or any amendment or supplement thereto, City Council, the Zoning Inspector or any aggrieved person who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(b) Failure to Obtain a Required Certificate or Approval. Failure to obtain a zoning certificate, Certificate of Zoning Compliance, or other approval as required by specific sections of this Ordinance shall be a violation of this Ordinance and punishable under subsection (e) hereof.
(c) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Zoning certificates or other approvals issued on the basis of plans, plats and/or applications authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in subsection (e) hereof.
(d) Complaints Regarding Violations. Whenever a violation of this Ordinance is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.
(e) Penalties for Violation. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute a misdemeanor offense. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense without separate notice of violation.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and be subject to the penalties herein provided. Nothing herein contained shall prevent the City, or any owner of contiguous or neighboring property who would be especially damaged by such violation from such other lawful action as is necessary to prevent or remedy such violation, including but not limited to initiating suit for immediate termination of such violation through injunction or other means.
Penalties as above shall apply unless penalties are defined for specific sections of this Ordinance, in which case the penalties so defined in those sections shall apply.
(Ord. 27-11. Passed 3-14-11.)
1125.01 INTENT.
Within the districts established by this Ordinance, or amendments hereinafter adopted, there may exist uses of land , structures and/or lots which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit such nonconformities to continue until they are removed, but not necessarily to encourage their survival and expansion and extension except as provided herein.
(Ord. 27-11. Passed 3-14-11.)
1125.02 NONCONFORMING USES.
Nonconforming uses may be continued, restored, reconstructed, substituted, extended or enlarged only as authorized by the Board of Zoning Appeals in accordance with the following requirements. When granting nonconforming use exceptions, the Board may prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in which the nonconforming use is located.
(a) Continuation. Any use of land existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was legally existing prior to the establishment of this Ordinance. No nonconforming use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Ordinance.
(b) Substitution. The Board of Zoning Appeals may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change in use shall be authorized by the Board of Zoning Appeals unless the applicant clearly demonstrates that:
(1) The existing and proposed nonconforming uses were lawful at the time of enactment of this Ordinance, and
(2) Such substitution is generally compatible with adjacent land use and zoning patterns.
(c) Expansion/Extension. No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(1) The Board of Zoning Appeals may permit a lawful nonconforming use to be expanded within an existing structure manifestly arranged or developed for such use, provided the applicant clearly demonstrates that such expansion is necessary and incidental to the continuance of such lawful nonconforming use.
(2) The Board of Zoning Appeals may permit the expansion or extension of a nonconforming use of land, not involving the physical expansion of a building or structure, to an area consisting of one-hundred-twenty-five percent (125%) of the area enclosing the nonconforming use at the time of enactment of this Ordinance, provided such expansion occurs on the same lot as existing on the effective date of this Ordinance. In such cases, the applicant shall clearly demonstrate that the conditions in this Section have been met, that such expansion is necessary and incidental to the continuance of such lawful nonconforming use and that such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
(d) Discontinuance. A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of six (6) months.
(2) When the nonconforming use has been replaced by a conforming use.
(Ord. 27-11. Passed 3-14-11.)
1125.03 NONCONFORMING STRUCTURES.
(a) Pending Applications for Zoning Certificates. Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any structure or part thereof, for which a building permit or zoning certificate has been duly applied for before the effective date of this Ordinance, provided the construction of such building or structure shall have commenced within ninety (90) days from the effective date of this Ordinance.
(b) Construction Commenced. Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this Ordinance or amendment hereto and upon which actual building construction has been diligently carried, provided such construction is completed within two (2) years from the effective date of this Ordinance.
(c) Nonconforming Mobile Homes. A nonconforming mobile home, as defined in Chapter 1105, located in any district, once removed shall not be relocated on such lot, or replaced with another mobile home. No enlargement, extension or expansion of a nonconforming mobile home, as defined in Chapter 1105, shall be permitted within the City of Chillicothe.
(d) Extension.
(1) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(2) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
(3) Any residence which is nonconforming due to the fact of its location in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered, provided it meets the requirements of the most proximate R-District.
(e) Damage and/or Destruction of a Nonconforming Building or Use. When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(1) The restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, unless an extension is requested from and granted by the Planning Commission, and
(2) The damaged or destroyed building or structure was not located in such a manner so as to encroach or intrude on adjacent property, and
(3) Such restoration or rebuilding would not extend or expand the existing use beyond the parameters established in subsection (d) hereof.
If any part of the damaged or destroyed building or structure encroaches or intrudes on adjacent property, the location of the restored or rebuilt building or structure is subject to approval by the Board of Zoning Appeals. If the restoration or rebuilding of the building or structure involves extension or expansion of the use, then the provisions of subsection (d) hereof shall apply.
(f) Maintenance and Repair. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use when at least one of the following conditions exist:
(1) When required by law.
(2) To convert to a conforming use.
(3) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
(Ord. 27-11. Passed 3-14-11.)
1125.04 NONCONFORMING LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum lot area of 3,000 square feet and at least thirty (30) feet frontage on a public right-of-way; and further provided the following conditions are met:
(a) If the owner of such lot does not own adjacent property and did not own such property at the time this Ordinance became effective, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.
(b) If the owner of such lot owns two (2) or more adjacent lots, or other adjacent property, such owner shall redivide the property in such a manner that they conform to the minimum width of such lots in the most proximate single-family district. However, if such redivision would result in lots that exceed width requirement of lots in the most proximate district, such redivision shall provide for one (1) more building lot than would otherwise be allowed.
(Ord. 27-11. Passed 3-14-11.)