Commercial Point City Zoning Code
TITLE THREE
Zoning Administration
§ 1131.01 TITLE.
(a) Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code shall be known and may be designated and cited as "The Commercial Point, Ohio, Zoning Code," and heretofore may be referred to as the Zoning Code, or Code.
(b) Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Zoning Code as those governing the interpretation of the Ohio Revised Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.02 AUTHORITY.
This chapter is adopted pursuant to the authority contained in R.C. Chapter 711 and 713.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.03 JURISDICTION.
This chapter shall be effective throughout the municipal planning jurisdiction. The municipal planning jurisdiction comprises the area within the corporate boundaries of Commercial Point.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.04 EFFECTIVE DATE AND AMENDMENTS.
The provisions of this Zoning Code including the 2018 Construction Specifications, Materials, and Standard Drawings are hereby adopted by this Ordinance 2020-10, dated December, 2020.
(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2020-30, passed 1-4-2021)
§ 1131.05 PURPOSE.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements unless otherwise stated herein; adopted for the promotion of the public health, safety, convenience, comfort, prosperity and the general welfare by regulating and restricting the location of buildings and other structures and of premises to be used for trade, industry, residences and other specified uses; by regulating and limiting the height of buildings and other structures hereafter erected or altered; by regulating the bulk and location of buildings or other structures hereafter erected or altered, the percentage of lot occupancy, setback building lines and the area of yards, courts and other open spaces; and, for all of the purposes hereinbefore described, by dividing the municipality into districts as herein provided, which districts are deemed and determined best suited to carry out such purposes.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.06 RELATIONSHIP TO EXISTING ZONING CODE.
This Zoning Code is adopted in whole and is a replacement of the Zoning Code of Commercial Point, codified by Ordinance 2018-2, dated August 6, 2018 and effective September 6, 2018.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.07 RELATIONSHIP TO COMPREHENSIVE PLANNING.
It is the intention of Council that this Zoning Code shall implement the planning policies adopted by Council for Commercial Point, as reflected in a comprehensive plan, land-use plan, and all other planning documents formally adopted by the Council. While the Council reaffirms its commitment that this Zoning Code and any amendment to it be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this Zoning Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.08 NO USE OR SALE OF LAND OR BUILDINGS EXCEPT IN CONFORMITY WITH THIS ZONING CODE.
Subject to Chapter 1149, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his/her control except in accordance with all of the applicable provisions of this Zoning Code. For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.09 SEVERABILITY.
Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of this Zoning Code is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other divisible part of this Zoning Code since the same would have been enacted without the incorporation into this Zoning Code of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other divisible part.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.10 CONFLICTING ORDINANCES.
Where conflicts exist between requirements of this Zoning Code and ordinances adopted by Council, the strictest interpretation shall apply and thereby supersede the less strict requirements.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.11 AMENDMENTS; EFFECTIVE DATE AND REFERENDUM.
(a) Amendments, as per Chapter 1143, adopted by Council shall become effective 30 calendar days after the date of such adoption unless adopted as an emergency. Such amendment fails to become effective if within 30 calendar days after the passage of the ordinance there is presented to the Fiscal Officer a petition, signed by a number of qualified voters residing in the municipality equal to but not less than 10% of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit such ordinance to the electors of the municipality for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the votes cast on the issue is in favor of the amendment. Upon certification by the applicable County Board of Elections that the amendment has been approved by the voters it shall take immediate effect.
(Ord. 2020-10, passed 6-15-2020)
§ 1131.12 RELATIONSHIP TO PUBLIC WORKS AND BUILDINGS.
Nothing in this Zoning Code shall be construed to prevent Commercial Point from constructing, repairing or maintaining public works or public buildings in the municipality.
(Ord. 2020-10, passed 6-15-2020)
§ 1133.01 GENERAL INTERPRETATION.
(a) Except where specifically defined herein, all words used in this Zoning Code shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word LOT includes the words PARCEL and PLOT; the word BUILDING includes the word STRUCTURE; the word SHALL is a mandatory requirement, the word MAY is a permissive requirement, and the word SHOULD is a preferred requirement; the words USED or OCCUPIED include the words INTENDED, DESIGNED, OR ARRANGED TO BE USED OR OCCUPIED; and the word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) Words not particularly defined herein shall be defined as found in The New Illustrated Book of Development Definitions, Center for Urban Policy Research, Rutgers University. If not defined therein, words shall be defined as found in Random House Webster's Unabridged Dictionary on CD-ROM.
(Ord. 2020-10, passed 6-15-2020)
§ 1133.02 GENERAL DEFINITIONS.
Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. Words in the singular shall include the plural and words in the plural shall include the singular. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. The word DAY shall mean a calendar day unless otherwise specified.
(Ord. 2020-10, passed 6-15-2020)
§ 1133.03 DEFINITIONS.
ACCESS DRIVE means a way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
ACCESSORY BUILDING means any building located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure's use.
ACCESSORY STRUCTURE means any structure located on the same lot as a principal structure and has a use that is incidental and subordinate to the principle structure's use.
ACCESSORY USE means the use or partial use of a structure or land that is incidental and subordinate to the principle use of that structure or that land.
ADULT ENTERTAINMENT USES means any use of a sexual nature, including retail establishments selling publications and other material of a sexual nature, adult motion picture theater used for presenting films and other material of a sexual nature, and adult only entertainment establishment featuring services of a sexual nature.
AGRICULTURE means the production, keeping or maintenance, for sale, lease or personal use of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALLEY or LANE means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
ALTERATION means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
ANIMAL HOSPITAL means a place which animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ARTISAN STUDIO means a building or portion thereof used for the creation of original handmade works of art or craft items by no more than ten artists or artisans, either as a principal or accessory use.
ARTISAN WORKSHOP means a use primarily involving the limited on-site production of goods by hand manufacturing which involves only the use of hand tools or mechanical equipment that does not exceed two horsepower each or a single kiln not exceeding eight cubic feet in volume and the incidental direct sale to consumers. Typical production includes: custom furniture, ceramic studios, glass blowing, candle making, custom jewelry, stained and leaded glass, woodworking, custom textile manufacturing and crafts production.
ATTENTION GETTING DEVICE means a device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
ATTIC means that part of a building which is immediately below and wholly or partly within the roof framing.
AUTOMOBILE means a self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
AUTOMOBILE CAR WASH means any building or premises or portions thereof where mechanical devices are used for washing, detailing, or vacuuming automobiles.
AUTOMOBILE CONVENIENCE MARKET means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience food market or supermarket.
AUTOMOBILE PARKING LOT OR GARAGE means establishments primarily engaged in the parking or storage of motor vehicles on surface lots, garages, or other means where no other service is provided.
AUTOMOBILE REPAIR AND SERVICES means establishments primarily engaged in the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, tire dealers, battery dealers and other accessory dealers.
AUTOMOBILE SALES or TRAILER SALES means the use of a building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, motorcycles, or recreation vehicles and where no warranty repair work and other repair service is conducted.
AUTOMOBILE SERVICE STATION means an establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds 25% of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and bodywork, are conducted.
BASEMENT means a space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.
BEDROOM means a private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
BEST EFFORTS means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology, human resources and cost.
BOARDING HOME FOR SHELTERED CARE means a profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
BUFFER STRIP means a land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
BUILDER means a person who builds or contracts to build a building or structure within Commercial Point.
BUILDING means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING COVERAGE means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHT means the vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof.
BUILDING LINE means a line parallel to the street line at a distance there from equal to the depth of the front yard required for the zoning district in which the lot is located.
BUILDING, PRINCIPAL means a building in which is conducted the principal use of the lot on which it is located.
BUILDING ENVELOPE means the area designated by the developer or builder for the construction of the principal building(s) upon the site in accordance with the following:
(1) In platted residential subdivisions or residential site condominiums. The buildable area remaining on the lot, parcel or unit after complying with zoning setback and maximum lot or site coverage requirements, or such smaller building area designated by the developer for construction of building upon a lot, parcel or unit within the development.
(2) In all other developments. The building area(s) plus ten feet around the perimeter of the building(s) provided such areas do not encroach into any required setback.
CALIPER (TREE) means a tree's diameter in inches measured four and one-half feet above the ground.
CARPORT means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARRY-OUT RESTAURANT means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
CEMETERY means property used for the interring of the dead.
CENSUS TRACT means areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
CENTRAL BUSINESS DISTRICT shall be defined as the old town properties designated on the 2004 zoning map as B-1 district.
CERTIFIED ARBORIST means any individual certified by the National Arborist Association.
CHIMNEY means a structure lesser in function than a smoke stack and containing one or more flues for drawing off emissions from stationary sources of combustion.
CHURCH or HOUSE OF WORSHIP means a building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
CLUSTER DEVELOPMENT means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION means a wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
COMMERCIAL NURSERY OR TREE FARM means a plant or tree nursery or farm in which trees are planted and grown for sale to the general public in the ordinary course of business.
COMMERCIAL USE means any activity carried out for pecuniary gain.
COMMUNITY ASSOCIATION or HOMEOWNERS ASSOCIATION means an association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
COMMUNITY PLAYHOUSE means any building or portion thereof that is designed, constructed or used for theatrical productions, youth programs or classes in the performing arts.
CONDOMINIUM means a building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION means the community association which administers and maintains the common property and common elements of a condominium.
CONGREGATE HOUSING means a dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
CONSTRUCTION means on-site erection, fabrication, installation, alteration, demolition, or removal of a structure, facility, or addition thereto, including all related activities, but not restricted to clearing of land, earth moving, blasting and landscaping.
CONVENIENCE FOOD MARKET means a retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
COUNCIL means the Council of the Village of Commercial Point.
CRAWL SPACE means a space with more than one-half of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half feet.
CUSTOMARY AGRICULTURAL OPERATIONS. See AGRICULTURE.
DAY CARE CENTER means a private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
DECORATIVE FEATURES means any approved natural or constructed feature, including mulch, gravel, stone, brick, sculpture, and lighting.
DENSITY means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres (see definition of NET DEVELOPABLE SITE).
DEVELOPER means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development.
DIAMETER BREAST HEIGHT (D.B.H.)" means a tree's diameter in inches measured four and one-half feet above the ground.
DRIP LINE means an imaginary vertical line extending downward for the outermost tips of the tree branches to the ground.
DRIVE-IN RESTAURANT means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
DRIVE-IN USE means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVE-UP WINDOW SERVICE means a building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service.
DRIVEWAY ENVELOPE means an area designated by the developer or builder not more than 20 feet in width to provide vehicular access to the building or parking areas.
DWELLING means a structure or portion thereof in which person or persons reside.
DWELLING, ATTACHED means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.
DWELLING, DETACHED means a dwelling which is not attached to any other dwelling by any means.
DWELLING, MULTI-FAMILY means a dwelling containing more than two dwelling units.
DWELLING, SEMIDETACHED means a one-family dwelling attached to one other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
DWELLING, TOWNHOUSE means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
DWELLING, TWO-FAMILY means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT means one or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT, EFFICIENCY means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
EASEMENT means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
EPIPHYTOTIC means the sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
EXCAVATION means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXTENDED CARE FACILITY means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
EXTENSION means a physical expansion of an existing structure.
FACTORY BUILT HOUSING means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory built housing shall include the following:
(1) Manufactured home. A non-self-propelled building unit or assembly of closed construction fabricated in an off-site facility, and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974, and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the numbers of square feet in a structure's exterior dimensions are measured at the largest horizontal projection when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows."(R.C. § 4501.01) For the purposes of this section, chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks, or other foundation, connection to utilities and the like.
(2) Mobile home. A non-self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight feet or more in width and more than 35 feet in length, which when erected on site is 320 or more square feet, that is transportable in one or more sections and which does not qualify as a manufactured home or industrialized unit.
(3) Industrialized unit. A building unit or assembly of closed construction fabricated in an offsite facility, that is substantially self-sufficient as a unit or as a part of a greater structure and that requires transportation to the site of intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. Industrialized unit does not include a manufactured or mobile home as defined herein.
(4) Modular home. Factory built housing certified as meeting the local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes. Modular homes are required to be placed upon a solid masonry foundation.
FAMILY means one or more individuals occupying a dwelling unit and living as a single household unit.
FARM means a parcel of land used for agricultural activities.
FARM ANIMALS means those animals or livestock typically associated with a farm or agricultural operation.
FARM STAND means a booth or stall located on a farm from which produce and farm products are sold to the general public.
FAST-FOOD RESTAURANT means an establishment whose principal business is the sale of pre prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FENCE means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, FINISHED means the sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, GROSS means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROUND means the sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, NET means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FRANCHISE means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the municipality pursuant to its current franchise agreement to operate or provide cable television or services to consumer within the municipality.
GARAGE means a deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GARAGE SALE means the sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
GAS STATION. See AUTOMOBILE SERVICE STATION.
GLARE means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GROSS DEVELOPABLE ACRES means the land area within a subdivision including areas dedicated to the public, including parks, open space, public right-of-ways, and utility easements.
GROUNDCOVER means low growing shrubs, wood vegetation, wild flowers and other small herbaceous plants within a woodland area.
GROUP CARE FACILITY means a facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
GRUBBING means the effective removal of understory vegetation, groundcovers, shrubs, or trees, but not including the removal of any trees of greater than three inch d.b.h.
HOME OCCUPATION means any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.
IN-LIEU FEES means fees paid by a private individual or party to Commercial Point to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Council.
INDUSTRIAL PARK means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INDUSTRIALIZED UNIT. See FACTORY BUILT HOUSING.
INOPERABLE VEHICLE means a vehicle that is not mechanically operable.
INSTITUTIONAL USE means a nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
JUNKYARD means any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.
KENNEL, COMMERCIAL means any building or buildings and/or land used, designed or arranged to facilitate the raising, breeding, or boarding and grooming of such domesticated animals as dogs and cats for profit. Farm animals such as pigs and fowl or exotic animals, such as snakes, are expressly prohibited.
KENNEL, PRIVATE means any building or buildings and/or land used, designed or arranged for the care of three or more dogs and/or cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
LAND CLEARING means operations which remove trees and vegetation in connection with the installation of storm or sanitary sewers, public or private utilities, street, and any other clearing or grading of the property at any time prior to construction of a building.
LANDSCAPING means any portion of a parcel of land that includes trees, shrubs, bushes, planting bed, hedges, earth mounds or other natural or decorative material or feature.
LOCATE means to construct, place, insert or excavate.
LOT means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT, CORNER means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE means the portion of the lot that is covered by structures.
LOT, DOUBLE FRONTAGE means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
LOT, BUILDABLE means a lot having the required street frontage as required by the zoning district on an improved public right-of-way.
MANDATORY LAND DEDICATION means the mandatory dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.
MANUFACTURED HOME. See FACTORY BUILT HOUSING.
MASSAGE PARLOR means an establishment that provides massage treatments performed by an appropriately licensed masseur or masseuse.
MAYOR means the Mayor of Commercial Point.
MINI-WAREHOUSE means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
MOBILE HOME. See FACTORY BUILT HOUSING.
MOBILE HOME (TRAILER) PARK means any site or tract of land under single or multiple ownership, upon which three or more mobile or manufactured homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. This definition shall exclude any manufactured home park as defined in R.C. § 3733.01, over which the Public Health Council has exclusive rule making power.
MODULAR HOME. See FACTORY BUILT HOUSING.
NET DEVELOPABLE SITE means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated right-of-way.
NO-BUILD ZONE means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
NONCONFORMANCE means a situation wherein the lawful conditions existing prior to the adoption, revision or amendment of the Zoning Code fail by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING LOT means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING SIGN means any sign lawfully existing of the effective date of the Zoning Code, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
NONCONFORMING STRUCTURE OR BUILDING means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE means a use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NURSING HOME means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE means a temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
ON-STREET PARKING SPACE means a temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ONE-AND-A-HALF-STORY means a residential dwelling having a ground floor and a second floor equal to less than 100% of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as knee wall) are not more than five feet above the floor of such story.
OPACITY means a degree of obscuration of light.
OPEN SPACE means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, COMMON means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
OPERATIONS means locating, moving, depositing, or grading of any material or any construction, use of activity, or combination of such activities, which modifies the conditions of property subject to this Zoning Code.
OUPS means the Ohio Utilities Protection Service.
OUTDOOR DISPLAY means the temporary outdoor display of material and merchandise for the purposes of retail sales.
OUTDOOR STORAGE means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
OVERLAY DISTRICT means a type of zoning district that applies more restrictive standards to an underlying zoning district.
PARISH HOUSE means a residential structure, such as a parsonage, that is subordinate to a church or other place of worship.
PARK means a tract of land designated and designed for the use by members of the public for active and passive recreation.
PERMITTEE means any person issues a permit pursuant to this Zoning Code.
PERSON means any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
PERSONAL SERVICES means establishments primarily engaging in providing services involving the care of a person or his or her apparel.
PLAT means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
PORTABLE ON DEMAND STORAGE (PODS) means any portable structure intended to be used on a temporary basis for the loading of materials out of a location within Commercial Point and then moved to another location by a contracted third party or the unloading of materials into a location within Commercial Point in which the portable structure was brought to the location by a third party.
PRINCIPAL USE means the primary or predominant use of any lot.
PUBLIC USE means a land use that is owned and/or operated by the public and is accessible to the public.
REAR OF THE PRINCIPAL STRUCTURE means the area located to the rear of the wall opposite the primary architectural entrance. The primary entrance usually faces the street that bears the property's address.
RECONSTRUCTION means the rebuilding or substantial remodeling of an existing structure.
RECREATIONAL AND CAMPING EQUIPMENT means boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
RECREATIONAL AND CAMPING VEHICLES means vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
REGULATION means any rule adopted by and pursuant to the authority of this Zoning Code.
RESIDENTIAL DEVELOPMENT means any one-family or multiple-family residential development, including one-family residential subdivisions, one-family cluster housing, residential condominiums, residential site condominiums and multiple-family developments.
RESIDENTIAL DISTRICT means a zoning district in which residential uses are included as permitted uses.
RESTRICTIVE COVENANT means a restriction on the use of land usually set forth in the deed.
RETAIL SERVICES means establishments providing services or entertainment as opposed to products.
RIGHT-OF-WAY means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the municipality.
SATELLITE GROUND STATION means a ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
SCENIC EASEMENT means an easement the purpose of which is to limit development in order to preserve a view or scenic area.
SCHOOL means any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
SETBACK means the distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK LINE means that line that is required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
SIGN means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
SIGN, BILLBOARD OR OFF-PREMISES SIGN means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, BULLETIN BOARD means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
SIGN, FREESTANDING means a non-movable sign supported by or from poles, posts, pillars, columns, uprights, braces, constructed base, or other structures on the ground and which are not affixed to a building.
SIGN, PROJECTING means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
SIGN, WALL means a sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
SIGNIFICANT TREE means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Council with the advice of the Planning and Zoning Administrator and/or Technical Review Group.
SPECIALTY FOOD AND/OR BEVERAGE FACILITY means a facility wherein food and/or beverage is produced and is: sold on a wholesale and/or retail basis; distributed; and/or consumed on the premises. This may include but is not limited to a brew pub, micro-brewery, distillery, coffee roaster, bakery, charcuterie, cheese making and/or other facilities producing crafted alcoholic or non-alcoholic beverages and/or artisan food.
SPLIT LEVEL means a residential dwelling containing finished floor area on two or more levels with not less than three feet nor more than six feet vertical distance between the plane of one floor level and the place of the next higher level.
SPOT ZONING means the rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
STORY means that portion of a building, including between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder or Pickaway County Recorder and includes the land between the street lines, whether improved or unimproved.
STREET, COLLECTOR means a street which collects traffic from local streets and connects with minor and major arterial.
STREET, LOCAL means a street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, MAJOR ARTERIAL means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
STREET, MINOR ARTERIAL means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
STRUCTURE means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.
SUPERMARKET means food markets, or combination food markets and department stores with more than 5,000 square feet of floor area.
SURVEYOR means a surveyor registered by the State of Ohio.
TRAILER means a structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
TRAVEL TRAILER means a recreation vehicle that is towed by a car or truck.
TREE means any self-supported, woody plant of a species which normally grows to an overall height of 13 feet or more, including coniferous and deciduous trees.
TREE, LARGE means any tree species which normally attains a full grown height equal to or greater than 45 feet.
TREE, MEDIUM means any tree species which normally attains a full grown height of between 25 and 45 feet.
TREE, SMALL means any tree species which normally attains a full grown height of under 25 feet.
TREE LAWN means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
TREE REMOVAL means the act of removing a tree by digging up or cutting down, or the effective removal through damage.
TREE SURVEY means a minimum 1" = 100' scale drawing that provides the location of all trees of six inches or greater d.b.h., plotted by accurate techniques, including the common or botanical name of those trees and their d.b.h.
TWO-STORY means a residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding 100% of the required minimum ground floor finished square footage.
UNDEVELOPED means a parcel of land which is substantially unimproved with buildings or structures on the effective date of this Zoning Code.
USE means the purpose or activity for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
VEHICULAR USE AREA means any area used by vehicles.
VIDEO RENTAL STORE means an establishment primarily engaged in the retail rental or lease of videotapes, films, DVDs, laser discs, electronic games, cassettes, or other electronic media. Sales of film, videotapes, laser discs, DVDs, and electronic merchandise associated with VCRs, DVD players, video cameras, and electronic games are permitted accessory uses.
WOODLAND means any property containing one or more acres (excluding existing rights-of-way) which has been designated as a woodland on the official woodlands map. The term woodland includes all trees, shrubs, and groundcover located upon such property (regardless of size).
WOODLANDS MAP means the map approved by the Council of Commercial Point identifying all woodland areas in Commercial Point.
YARD means a required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the Zoning Code.
YARD, FRONT means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. For corner lots the front yard shall constitute that area of the lot that is adjacent to the shorter of the two sides facing the street.
YARD, REAR means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots the rear yard shall constitute that area of the lot that is opposite to the shorter of the two sides facing the street.
YARD, SIDE means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.01 ENFORCEMENT BY PLANNING AND ZONING ADMINISTRATOR.
There is hereby established the office of Planning and Zoning Administrator. It shall be the duty of the Planning and Zoning Administrator to enforce this Zoning Code in accordance with the administrative provisions of this Zoning Code. All departments, officials, public employees, and representatives of the municipality, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Code. Any permit or license issued in conflict with the provisions of this Zoning Code shall be null and void.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.02 CERTIFICATE OF ZONING COMPLIANCE.
(a) Use Prohibited Without Certificate. No owner, lessee or tenant shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a certificate of zoning compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Code.
(1) The Planning and Zoning Administrator shall issue a certificate of zoning compliance provided he/she is satisfied that the structure, building and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of this Zoning Code, subject to approval of Council where the Zoning Code requires or deems appropriate.
(2) This section shall in no case be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed for such building.
(b) Effect of Approval. Certificates of zoning compliance shall be issued on the basis of plans, information and application approved by the Planning and Zoning Administrator and/or Council and shall authorize only the use, arrangement and construction set forth in such approved plans, information and application or approved amendments thereto, and no other use, arrangement or construction. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this Zoning Code and punished as provided in this chapter.
(c) Conformance with Certificate of Zoning Compliance. Any project requiring a certificate of zoning compliance shall conform to the approved plans and/or other approved materials. Any project not in conformance with the approved certificate of zoning compliance shall be considered in violation of this Zoning Code, per § 1135.10.
(d) Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public water and sewers, the application shall be accompanied by written evidence of approval by the responsible Health Officer as to the proposed method of water supply and/or treatment and disposal of sanitary waste.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.03 CERTIFICATE OF ZONING COMPLIANCE APPLICATION PROCEDURE.
(a) Application to be Made. Written application for certificates of zoning compliance shall be made by the property owner(s) or applicant(s) to the Planning and Zoning Administrator.
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant, payable to the General Fund.
(c) Contents of Application. The application for a certificate of zoning compliance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s) or authorized agent.
(2) A current survey of the property prepared by a licensed surveyor.
(3) If a change of use is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
(4) If any new development or construction is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Existing and intended use of all parts of the land or buildings.
D. Any proposed new construction and or alteration.
E. Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities.
F. Location of all other public utilities above or below ground.
G. Proposed grades.
H. Proposed top of foundation.
I. Proposed driveway slope.
(5) Such other information to be determined by the Planning and Zoning Administrator and/or Council as may be necessary to determine and provide for the enforcement of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.04 CERTIFICATE OF ZONING COMPLIANCE REVIEW PROCEDURE.
(a) Filing of Application. Two copies of a completed application shall be filed with the Planning and Zoning Administrator.
(b) Action by Planning and Zoning Administrator. Within 30 calendar days after acceptance of an application for a certificate of zoning compliance, the Planning and Zoning Administrator shall approve a certificate of zoning compliance provided he/she is satisfied that the structure, building and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this Zoning Code, subject to approval of Council where the Zoning Code requires; in those cases, Council shall render a decision within 35 calendar days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.
(c) Appeals. A denial by the Planning and Zoning Administrator of an application for a certificate of zoning compliance may be appealed to Council. A written appeal shall be filed with the Planning and Zoning Administrator within ten calendar days of receipt of notification of denial. Council shall have a maximum of 60 calendar days for public hearing, consideration and a decision on the appeal. Denial of an appeal by Council may be appealed to the Franklin County or Pickaway County Court of Common Pleas, as provided for by law.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.05 CERTIFICATE OF ZONING COMPLIANCE ISSUANCE AND EXPIRATION.
(a) An approved certificate of zoning compliance shall be issued within ten calendar days of approval. One copy of the plans submitted by the applicant shall be returned upon approval.
(b) All certificates of zoning compliance shall be conditional upon the commencement of work within one year of issuance. If the work has not been more than 50% completed within one and one-half years of issuance, the certificate shall expire and be revoked by the Planning and Zoning Administrator. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(c) If a certificate of zoning compliance expires and/or is revoked, and a new certificate or extension is not granted, it is the property owner's responsibility to return the property to its original state prior to issuance of the certificate of zoning compliance within 30 calendar days.
(d) Once a certificate of zoning compliance expires or is revoked, only one additional certificate of zoning compliance shall be approved for the project. After the second certificate of zoning compliance has expired, the property shall be subject to the requirements of division (c) of this section. When the requirements of division (c) of this section have been fulfilled to the satisfaction of the Planning and Zoning Administrator, a new certificate of zoning compliance application may be submitted for review.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.06 PLAN REVIEW PROCEDURE AND PERMISSION TO BUILD.
(a) The following shall apply for all non-residential developments, residential developments, and residential subdivisions:
(1) Planning and zoning review. An application for site development plan or development plan shall be made per Chapter 1141 or Chapter 1173 of this Zoning Code, respectively, in conjunction with any other planning and zoning applications as deemed necessary by the Planning and Zoning Administrator.
(2) Engineering review. An application for engineering construction plan review shall be made per Chapter 1141 of this Zoning Code. All applications required in division (a)(1) of this section shall receive approval prior to the application, review, or approval of engineer construction plans.
(3) Building review. An application for building plan review shall be made as required per the Ohio Building Code. All applications required in division (a)(1) and (a)(2) of this section shall receive approval prior to the application, review, or approval of building plans.
(4) Permission to build. Permission to build or conduct any site work shall not be permitted until all planning and zoning applications have been approved per division (a)(1) of this section, engineering construction plans have been approved per division (a)(2) of this section, and building plans have been approved per division (a)(3) of this section.
(b) The following shall apply for all single family residential lots and residential accessory structures.
(1) Planning and zoning review. An application for a certificate of zoning compliance shall be made per this chapter in conjunction with any other planning and zoning applications as deemed necessary by the Planning and Zoning Administrator.
(2) Building review. An application for building plan review shall be made. Chapter 4101:1-1 to 4101:1-35 of the Ohio Administrative Code, collectively known as the "Ohio Building Code", including all referenced standards contained therein, shall apply and be enforced within the municipality of Commercial Point, Ohio. All required planning and zoning applications shall receive approval prior to the application, review, or approval of building plans.
(3) Permission to build. Permission to build or conduct any site work shall not be permitted until all planning and zoning applications have been approved per division (b)(1) of this section and building plans have been approved per division (b)(2) of this section.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.07 CERTIFICATE OF OCCUPANCY.
A certificate of occupancy shall be issued by the Planning and Zoning Administrator or his contract designee, for buildings erected or structurally altered and land initially occupied or changed in use. Such certificate shall state that the building and proposed use(s) complies with the provisions of these Codified Ordinances.
(a) Application Required. Application for a certificate of occupancy shall be made to the Planning and Zoning Administrator on forms provided.
(b) Non-Residential and Multi-Family Residential Development Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied.
(1) Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signature of the Planning and Zoning Administrator.
(2) Where weather related circumstances warrant, a temporary certificate of occupancy may be issued with the condition that unfinished weather related/seasonal improvement, such as landscaping, shall be completed. A temporary certificate of occupancy with such a condition shall be issued for a period of no more than six months, during which period any remaining work shall be completed. A temporary certificate of occupancy shall require the signature of the Zoning Administrator and shall require the receipt of a bond equal to twice the cost of the remaining improvements plus a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a certificate of occupancy shall be issued as previously indicated in division (b) of this section.
(c) Single Family Residential and Multi-Family Residential Unit Certificate of Occupancy Issuance for Buildings Erected or Structurally Altered and Land Initially Occupied.
(1) Upon determination that the building, property, and affected properties comply with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signatures of the Residential Building Official and Planning and Zoning Administrator.
(2) Where weather related circumstances warrant, a temporary certificate of occupancy may be issued with the condition that unfinished weather related/seasonal improvements, such as landscaping, shall be completed. A temporary certificate of occupancy with such a condition shall be issued for a period of no more than six months, during which period any remaining work shall be completed, and shall require the receipt of a fee as stipulated by the adopted development fee schedule. Upon completion of all necessary improvements, a certificate of occupancy shall be issued as previously indicated in division (c) of this section.
(d) Change of Use Certificate of Occupancy. Upon determination that a use complies with all approved plans and provisions of these Codified Ordinances, a certificate of occupancy shall be issued. A certificate of occupancy shall require the signature of the Planning and Zoning Administrator.
(e) Occupying Without a Certificate of Occupancy. Any person, firm or corporation who occupies or permits to be occupied, or who sells, leases, or rents a house, building, building unit or structure for which a certificate of occupancy has not been issued, or in the case of alterations, additions or repairs, whoever occupies, or permits to be occupied or utilized or sells, leases or rents that portion of the house, building, building unit or structure added, altered or repaired for which an occupancy permit has not been issued, shall be guilty of violating this chapter and shall be subject to the penalties provided herein.
(f) For all building construction projects, the top of foundation shall be between six and 12 inches above the approved grading plan and the following shall be submitted and approved before occupancy is granted:
(1) Verification by a registered surveyor of footer location and elevation at the time of footer inspection and verifying the distance from the property line if less than six feet.
(2) Verification by a registered surveyor of top of block elevation at the time of foundation inspection and prior to backfill.
(3) Verification by a registered surveyor that the finished grade is in conformance with the approved grading plan before sod is laid. An as-built survey must be provided to the Zoning Administrator before the certificate of occupancy can be issued.
(g) Application After Effective Date. This section shall apply to all uses established and/or structures erected or altered after the effective date of this Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.08 DEMOLITION PERMIT.
(a) A demolition permit may be required for demolition or wrecking of any building. When someone desires to demolish a building they shall contact the Planning and Zoning Administrator for the necessity of a permit and fee prior to the demolition of any structure in the municipality.
(b) A building being demolished shall be completely removed from the site and any open excavation shall be properly backfilled. All debris, waste, and such shall be disposed of according to applicable regulations.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.09 TEMPORARY STREET CLOSURE/VILLAGE PROPERTY EVENT PERMIT.
The following regulations are necessary to govern the operation of certain uses that are non-permanent in nature. Application for a temporary street closure/village property event permit, where applicable, shall be submitted at the Village Municipal Building. All submissions must contain a site plan showing a graphic description and map of the streets and/or village property to be utilized, a description of the proposed use, and any additional information needed for the Council to consider for the issuance of the temporary street closure/village property event permit.
(a) Street closure information.
(1) The village will provide barricades/cones for any street closures.
(2) The barricades/cones will be dropped off the day prior to the event taking place and will be picked up the day after the event.
(3) The applicant is responsible for the placement and removal of all barricades/cones at each entrance point to a closed street.
(4) Village barricades/cones are the only objects to be used to block the streets.
(5) It is solely the permit holder's responsibility for the preservation of the barricades/cones.
(b) Event vendor information.
(1) Vendors operating under a temporary street closure/village property event permit are required to sign a village waiver prior to the event. No vendor shall be allowed to conduct business on a village street or village owned property without a signed waiver.
(2) All food vendors shall obtain a valid food service license from any Ohio County Board of Health or a temporary license to conduct food service from the Pickaway County Board of Health.
(3) Vendors participating under this temporary street closure/village property event permit are not required to obtain an itinerant merchant or peddler license from the village.
(c) General information.
(1) Applications for a temporary street closure/village property event permit must be submitted to the Village Municipal Office 60 days prior to the requested event.
(2) The permit holder takes responsibility and ensures that the entire area will be cleaned up immediately following the event.
(3) A copy of each approved temporary street closure/village property event permit will be forwarded to the Village Police Chief and the Township Fire Chief.
(4) The Council may stipulate such other conditions on the approved permit as they deem necessary.
(5) The Council may revoke an approved permit if it is determined that any of the information contained within the application is false or misrepresented, or if any of the stated requirements are not met.
(Ord. 2024-13, passed 11-4-2024)
§ 1135.10 VIOLATIONS AND REMEDIES.
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Law Director and/or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.11 COMPLAINTS.
Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any resident, property owner, or lessee of property in Commercial Point may file a written complaint with the Planning and Zoning Administrator. Such complaint shall state in full the causes and basis thereof. The Planning and Zoning Administrator shall record said complaint, immediately investigate the allegations, and take appropriate action as provided by this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.12 PENALTY.
(a) The first violation of the provisions of this Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Upon conviction thereof any person may be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than 30 days or both, and in addition shall pay all costs and expenses involved in the case.
(b) If the same violation occurs a second time within the same year the offense shall constitute a misdemeanor of the third degree and upon conviction the fine shall be not more than five hundred dollars ($500.00) or imprisonment for not more than 60 days or both, and in addition the offender shall pay all costs and expenses involved in the case. If the same violation occurs a third time within the same year the offense shall constitute a misdemeanor of the second degree and upon conviction the fine shall be not more than seven hundred fifty dollars ($750.00) or imprisonment for not more than 90 days or both, and in addition the offender shall pay all costs and expenses involved in the case.
(c) Each day any such violation continues after receipt of a violation notice shall constitute a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains, such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the municipality from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.13 FAILURE TO ACT.
The failure of any board, not including Council, to act on an application before such board within the prescribed time frame, excluding the continuation of a public meeting or hearing, shall constitute approval of such application. This shall not apply in cases where an applicant has chosen to indefinitely table an application or has requested an extension of such application.
(Ord. 2020-10, passed 6-15-2020)
§ 1135.14 TECHNICAL REVIEW GROUP.
The Technical Review Group is established as a technical review body for the municipality and may consist of, but not be limited to, the Planning and Zoning Administrator, Municipal Engineer, Village Administrator, and Mayor. The Technical Review Group will meet on an as needed basis to provide a forum at which proposed developments at any stage in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory review requirements and to provide coordination of various requirements and procedures. The Technical Review Group provides Council technical expertise in evaluating development proposals. The Planning and Zoning Administrator shall chair the Technical Review Group and shall coordinate the review process. Prior to the Council meeting, the Planning and Zoning Administrator shall notify the applicant or the applicant's representative in writing of comments and recommendations made by the Technical Review Group.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.01 GENERAL.
The Planning and Zoning Administrator shall serve as the chief administrative officer for the Zoning Code and is charged with enforcement of the related requirements and standards, as per this chapter. The Planning and Zoning Administrator shall cause to be collected the designated fees established by the Village Council and collection procedure for all zoning permits.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.02 CERTIFICATE OF ZONING COMPLIANCE.
The Planning and Zoning Administrator shall issue the certificate of zoning compliance when the standards and requirements of this Zoning Code have been fully met or as directed by Council. The Planning and Zoning Administrator shall deny issuing a certificate of zoning compliance in the event of non-compliance. The Planning and Zoning Administrator shall maintain a record of all applications and actions.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.03 RECORD KEEPING.
The Planning and Zoning Administrator shall make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all zoning certificates, zoning map amendments, variances, conditional use permits, certificates of appropriateness, receipt, investigation and enforcement of complaints of Zoning Code violations, and any other permit or certificate required herein. The Planning and Zoning Administrator shall prepare an annual summary of all records, and will attend meetings as may be required.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.04 ADVISOR TO COUNCIL.
The Planning and Zoning Administrator shall advise Council of all matters other than routine duties pertaining to enforcement of this Zoning Code and any related ordinance, and shall transmit all applications and records pertaining to supplements and amendments therein.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.06 INSPECTION AND COMPLAINTS.
(a) The Planning and Zoning Administrator shall inspect any building or land to determine whether any violations of this Zoning Code and other related ordinances have been committed or exist, and to receive and investigate complaints and notices of alleged violations. Written complaints of alleged violations shall be filed with the Planning and Zoning Administrator who shall investigate said complaints and prepare a report to be submitted to the Law Director. Said complaints shall be recorded.
(b) Regular inspections of the municipality shall be conducted by the Planning and Zoning Administrator to identify potential violations, situations of non-compliance, and any potentially illegal situations relative to this Zoning Code. Necessary action shall be taken by the Planning and Zoning Administrator to ensure compliance with and enforce this Zoning Code and other related ordinances.
(Ord. 2020-10, passed 6-15-2020)
§ 1137.07 ENFORCEMENT.
(a) The Planning and Zoning Administrator shall enforce this Zoning Code and any related ordinances and take all necessary steps to remedy any condition found in violation by ordering by certified mail the discontinuance of said illegal uses or illegal work, and recommend to the Law Director appropriate action.
(b) The Planning and Zoning Administrator shall:
(1) Notify by certified mail the property owners and those violating this Zoning Code and any related ordinances of any non-compliance situations and shall order actions to correct or remedy said violations.
(2) Order by certified mail the discontinuance of illegal uses of land, buildings, or structures in violation therein; shall order by certified mail in accordance with legal procedures the removal of illegal buildings and structures or illegal additions or structural alterations; shall order discontinuance by certified mail of any illegal work under way.
(3) Take any other action authorized by the Zoning Code, any related ordinance, and/or Law Director to ensure compliance and prevent violations, including issuance of and actions on any zoning permits or certificates and other similar duties. The Planning and Zoning Administrator shall notify in writing the Law Director of all violations of this Zoning Code and any related ordinance.
(c) Appeals of the Planning and Zoning Administrator's orders may be filed with Council. A written appeal shall be filed with the Planning and Zoning Administrator within ten calendar days of receipt of order. Council shall act in accordance with § 1135.04(c).
(Ord. 2020-10, passed 6-15-2020)
§ 1141.01 PURPOSE.
(a) Site plans are intended to insure ample provisions for the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development. They are further intended to supplement the provisions of the Subdivision Regulations and to further the purposes and provisions of this Code for developments other than subdivision developments.
(b) The purposes of this chapter are (1) to state the specific additional requirements applicable to the development of land in certain zoning districts, (2) to prescribe the standards for the preparation of submission of site plans, and (3) to prescribe the standards for the design and construction of required improvements.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.02 ADMINISTRATION.
(a) No permit shall be issued by any administrative officer for the construction of any building in any area covered by a site plan except in conformity with the provisions of this chapter and a duly approved site plan. No building permit shall be issued without an approved site plan, signed by the Planning and Zoning Administrator in accordance with § 1141.09, when required.
(b) An approved site plan is required for the following:
(1) Any use or development involving new construction, reconstruction or expansion of structures in all zoning districts except for single-family detached dwelling units, duplexes or accessory structures in residential districts.
(2) Any development in which automobile parking spaces are to be used by more than one establishment.
(3) When a change is proposed in the exterior elements of a previously approved site plan.
(4) When an existing residential use is proposed for change to a commercial, industrial or multi-family residential use.
(5) All public and/or semi-public buildings and institutions.
(c) Major Site Plans. Any required site plan of 2,000 or greater square feet of gross floor area shall be considered a major site plan. All major site plans shall be approved by Council.
(d) Minor Site Plans. Required site plans for non-residential developments of less than 2,000 square feet in gross floor area shall be considered a minor site plan. Minor site plans may be reviewed and approved by the Planning and Zoning Administrator. An application for minor site plan review and approval shall comply with § 1141.05 unless otherwise directed by the Planning and Zoning Administrator. At the Planning and Zoning Administrator's discretion, an application for minor site plan may be forwarded to Council for review and approval.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.03 PROCEDURE FOR PREPARING AN APPLICATION SUBMITTAL.
(a) It is strongly recommended that, prior to submitting a site plan application, the applicant meet with municipal officials regarding plan requirements.
(b) A written application for site plan shall be filed with the Planning and Zoning Administrator. For major site plans, 12 11" by 17" size copies and two full size copies of all plans and supporting information including, but not limited to, information listed in § 1141.05, as applicable, shall be included with the major site plan application filing. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a site plan application, the Planning and Zoning Administrator shall review the application for compliance with this chapter. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete site plan application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(c) A fee as stipulated by this Zoning Code, paid by the applicant, shall be included with all site plan application filings. As required by § 1117.04(c), the utilities facilities construction impact fee of $0.25 per square foot of building proposed to be developed in such site plan application shall be paid by the applicant at the time such application is filed. The utilities facilities construction impact fee is calculated only on the basis of building square footage and is not calculated on the basis of other structures such as parking lots.
(d) All site plans shall be prepared by a professional engineer duly registered by the State of Ohio and include a boundary survey, conducted within two years of the submittal date, by a professional land surveyor duly registered by the State of Ohio.
(e) Site plans and related engineering plans shall be prepared at a scale not smaller than one inch equals 100 feet. Site plans may be prepared on one or more sheets to clearly show the information required by this chapter, and to facilitate the review and approval of the site plan. If prepared on more than one sheet, match lines shall be used to clearly indicate where the several sheets join. No sheet shall exceed 42 inches horizontally and 28 inches vertically in size.
(Ord. 2022-07, passed 2-8-2022)
§ 1141.04 MINOR SITE PLAN REVIEW BY THE PLANNING AND ZONING ADMINISTRATOR.
The Planning and Zoning Administrator shall act on minor site plans within 30 calendar days upon receiving a complete application. The Planning and Zoning Administrator may consult with the Technical Review Group as necessary. The Planning and Zoning Administrator may attach conditions to the minor site plan approval as may be reasonably required for the public health, safety and welfare.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.05 CONTENTS OF SITE PLAN.
Every site plan submitted in accordance with this chapter shall contain the following information:
(a) A boundary survey conducted within two years of the application submittal.
(b) The name of the development, the name and address of the property owner and developer, north point, date of the plan being submitted, scale and number of sheets.
(c) The name of property owners, zoning, and present use of adjoining lands.
(d) Location of all minimum building setback lines.
(e) Location, type, and size of existing vehicular ingress and egress to the site.
(f) Location, names, and dimensions of proposed and existing streets, buildings, easements and drainage ways.
(g) Location, type, size and height of all fencing, screening, and buffering where required by this Code.
(h) Provisions for the adequate control of erosion and sedimentation indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction.
(i) All off-street parking and parking bays, loading spaces, ingress and egress and walkways indicating type of surfacing and showing the number of parking spaces provided and the number of parking spaces required.
(j) Number of floors, floor area, height and location of each building, and proposed general use for each building. In a multi-family residential building, the number, size, and type of dwelling units shall be shown.
(k) Building elevations depicting actual composition and architectural style for all proposed structures.
(l) Preliminary plans for the provision of, but not limited to, water, wastewater and storm water utilities.
(m) The location of any proposed refuse removal pads.
(n) Location and size of all recreation and open space areas.
(o) Special flood hazard area limits established by the Federal Emergency Management Agency's Flood Insurance Rate Maps on file with the Floodplain Administrator and/or accepted engineering methods. Special flood hazard area limits shall be shown on all plan sheets.
(p) The location, width, size, and purpose of all existing easements and rights-of-way and whether they are to be publicly or privately maintained.
(q) Such other relevant data as Council or the Planning and Zoning Administrator may require.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.06 ENGINEERING CONSTRUCTION PLANS REVIEW BY THE TECHNICAL REVIEW GROUP.
In preparing required engineering construction plans, the applicable provisions of the municipality's Subdivision Regulations shall be followed. All improvements required by this chapter and by the Subdivision Regulations shall be installed at the cost of the developer in accordance with design and construction standards of the municipality. Engineering construction plans submitted in accordance with this chapter shall contain the information in § 1141.05 in addition to the following:
(a) Existing topography with a maximum two foot contour intervals and the proposed finished grading by contour.
(b) Provisions for the adequate disposition of natural and storm water on and off-site, in accordance with current design criteria and construction standards of Commercial Point including, but not limited to, the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes, and other drainage structures.
(c) All existing and proposed sanitary sewer facilities indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the Municipal Engineer.
(d) All existing and proposed water facilities including all water mains, their sizes, valves and fire hydrant locations. A detailed water connection plan sheet shall be provided indicating the size and location of the water line connection into the building(s), back flow prevention and, when applicable, the size and location of the fire suppression line.
(e) A landscaping and lighting plan.
(f) The location, width, size, and intended purpose of all easements and rights-of-way and whether they are to be publicly or privately maintained. A plan copy, suitable for recording, shall be submitted showing any rights-of-way and/or easements for public dedication.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.07 REVIEW PROCEDURE; COUNCIL.
(a) Council shall act on site plans presented to it within 60 calendar days of receipt of the major site plan from the Planning and Zoning Administrator. The property owner or applicant shall be advised as to the decision of Council by letter and/or legible markings and notes on the plans.
(b) Public notification for the review of major site plans shall consist of listing on the Council's meeting agenda posted in accordance all applicable laws and rules.
(c) All updated site plans and supporting information submitted for Council's review shall include all revisions requested by Council. Upon the submittal of updated site plans and supporting information, the Planning and Zoning Administrator shall review the submittal for compliance with the requested revisions. Should any information not be included with the updated submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by village officials until the requested revisions have been made.
(d) Council may attach conditions to the site plan approval as may be reasonably required for the public health, safety and welfare.
(e) Approval of a site plan by Council shall expire 12 months from the date of such approval unless building permits have been obtained for construction in accordance therewith. A single extension, not to exceed six months, may be given by Council upon written request by the property owner or applicant.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.08 REVIEW PROCEDURE; TECHNICAL REVIEW GROUP.
(a) The Technical Review Group shall act on engineering construction plans presented to it within a reasonable time. The property owner or applicant shall be advised as to the decision of the Technical Review Group by letter and/or legible markings and notes on the plans.
(b) All updated engineering construction plans and supporting information submitted to the Technical Review Group for review shall include all revisions and/or clarifications as previously requested. Should any information not be included with the updated submittal, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete updated submittal shall be reviewed by the Technical Review Group until the requested revisions have been made and/or clarifications have been provided.
(c) Approval of engineering construction plans by the Technical Review Group shall expire 12 months from the date of such approval. A single extension, not to exceed six months, may be given by the Technical Review Group upon written request by the property owner or applicant.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.09 FINAL APPROVAL PROCESS.
(a) Final approval of all site plans shall be shown by the signature of the Planning and Zoning Administrator on the final plan.
(b) Prior to this final approval, any required engineering construction plans shall be approved and signed by the Technical Review Group.
(c) Prior to final approval, there shall be executed by the property owner or applicant and submitted to the municipality an agreement to construct such required physical improvements that are located within public rights-of-way or easements or that are connected to any public facility in form and substance as approved by the municipality, together with a bond with surety, cashier's check or escrow account in the amount of the estimated construction cost of the required improvements as approved by the municipal engineer. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Technical Review Group, which time may be extended upon written agreement. The municipal engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to the project. The amount of the restoration bond shall be as determined by the municipal engineer based on his estimate of potential damage.
(d) The property owner or applicant shall present to the municipality any dedication or easement documentation for approval prior to recordation. The property owner or applicant shall provide the municipality with a copy of any recorded dedication or easement. Upon satisfactory completion of the required improvements, the municipality shall release any remaining bonds.
(e) Site infrastructure improvements for the area proposed under the site plan may proceed following (1) the approval and signing of the engineering construction plans by the Mayor and applicable member of the Technical Review Group, and (2) the holding of a preconstruction meeting with the municipality. The property owner or applicant is responsible to contact the municipality's Planning and Zoning Administrator to schedule the preconstruction meeting.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.10 MODIFYING AN APPROVED SITE PLAN.
(a) Any agreements or changes to an approved major site plan, including all supporting materials, between the property owner or applicant and a separate third party shall also be approved by Council. Otherwise, Council may rescind its site plan approval.
(b) An approved site plan may be modified from the original approval in accordance with this division. Such modification shall be approved by Council, in the case of a major site plan, and by the Planning and Zoning Administrator, in the case of a minor site plan. The property owner(s) or applicant(s) shall file a written application to modify the approved site plan with the Planning and Zoning Administrator accompanied by a fee as stipulated by ordinance. In considering a modification, the applicable provisions of this chapter shall apply. However, minor technical changes to an approved major or minor site plan, which do not substantially alter the original site plan layout, may be approved by the Planning and Zoning Administrator.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.11 APPEALS.
(a) Appeal of Planning and Zoning Administrator Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator involving an application for site plan approval shall have the right to file an appeal with Council. A written appeal shall be filed with the Planning and Zoning Administrator within ten calendar days of the decision of the Planning and Zoning Administrator. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within 21 calendar days of Council's receipt of the appeal. Council shall have a maximum of 60 calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the Planning and Zoning Administrator's decision, a majority vote of the full membership of Council shall be required.
(b) Public Notification. At least one notice shall be given at least 30 calendar days prior to the public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least 20 calendar days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(c) In approving a site plan on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said site plan is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135, and shall result in revocation of the site plan approval and respective certificate of zoning compliance.
(Ord. 2020-10, passed 6-15-2020)
§ 1141.12 ENVIRONMENTAL ANALYSIS.
(a) Purpose and Intent. The environmental analysis is intended to protect the environmental integrity of land within the municipality and address identified municipal concerns. This provision is also intended to ensure ample provisions for the efficient use of land and to promote high standards in layout and design. The environmental analysis supplements the provisions of the Subdivision Regulations and site development plans. The purpose of this section is to state the specific requirements applicable to the development of land in environmentally sensitive areas, and to prescribe the standards for the preparation and submission of an environmental analysis.
(b) Environmental Analysis Required. Before any use or development involving new construction, reconstruction or expansion of structures can begin, an environmental analysis shall be required and shall be submitted if any portion of the parcel(s) meets one or more of the following criteria:
(1) The parcel is located in the 100-year floodplain.
(2) The parcel contains one or more wetlands.
(3) Fifteen percent or more of the soil is hydric or contains hydric soil inclusions.
(4) The parcel contains a stream or other natural water feature.
(5) The parcel contains an agricultural drainage ditch.
(6) Twenty-five percent or more of the total area of the parcel has slopes over 20%.
(7) Twenty-five percent or more of the site is woodlands, as defined in Chapter 1133.
(c) Exemptions. No zoning district shall be exempt from this requirement.
(d) Preparation. The environmental analysis shall be prepared by persons professionally qualified to do such work. Every analysis shall consist of a map identifying all of the features outlined in division (b) of this section and a report detailing the approximate size of each of the features illustrated on the map and the mitigation strategies that will be used by the owner/developer in these areas. The map shall be prepared at a scale of one inch equals 500 feet or less. One copy of the map and report shall be submitted to the Planning and Zoning Administrator for review.
(e) Decision. Once the environmental analysis is submitted to the Planning and Zoning Administrator, the Planning and Zoning Administrator has ten calendar days to review the analysis. If the Planning and Zoning Administrator determines that the analysis is complete, the Planning and Zoning Administrator shall certify such in writing to the property owner/developer. If the Planning and Zoning Administrator determines that the environmental analysis is incomplete or lacks utilization of the most current data, the Planning and Zoning Administrator shall certify such in writing to the property owner/developer. The property owner/developer then has ten calendar days to submit a revised analysis for consideration.
(Ord. 2020-10, passed 6-15-2020)
§ 1143.01 INITIATION.
The provisions of this Zoning Code or Zoning Map may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good zoning practices. Amendments may be initiated in one of two ways:
(a) By adoption of a resolution by Council.
(b) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments of provisions of this Zoning Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1143.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for amendment of this Zoning Code, including all supporting materials, initiated by property owner(s) or lessee(s) shall be submitted to the Council. This process is separate from the requirements of Planned Districts (Chapter 1173).
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for amendment shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The proposed amendment to the Zoning Code, the proposed use and the proposed zoning district of the property(s).
(4) The present use and present zoning district of the property(s).
(5) A list of all property owners within 250 feet from any portion of the property(s) in question. The list of addresses shall correspond to the County Auditor's current tax list.
(6) A statement of the relationship of proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. The proposed use of all parts of the lot and structures.
C. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
D. Such additional information as may be required by this Zoning Code and/or requested by Council and/or the Planning and Zoning Administrator to review the application.
(8) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.
(9) At the discretion of the Planning and Zoning Administrator, an engineer's estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, and refuse demand may be required. In addition, an engineer's estimate of potential traffic generation for the proposed uses and measures proposed by the applicant to mitigate the impacts resulting from said generation may be required by Council.
(10) For all developments over 25 acres, and/or for commercial and industrial developments over 10,000 square feet and/or for any development that requires direct access to a major thoroughfare and/or for any development that is not contiguous with existing water and sewer, a fiscal/economic impact study will be required to determine if the development will require immediate or short-term expenditures on the part of the municipality in terms of infrastructure and/or support services.
(Ord. 2020-10, passed 6-15-2020)
§ 1143.03 CRITERIA FOR REVIEW.
All rezoning activities must be consistent with the adopted comprehensive plan. Council shall, at the minimum, consider the following factors in the review of the application:
(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.
(b) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.
(c) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.
(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(Ord. 2020-10, passed 6-15-2020)
§ 1143.04 REVIEW PROCEDURE - COUNCIL.
(a) Filing and Acceptance of Application. A written application for an amendment and 15 11" by 17" size copies and two full size copies of all plans and supporting information shall be filed with the Planning and Zoning Administrator. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with this chapter. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete amendment application shall be reviewed by village officials and forwarded along to Council until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. Council shall hold a public hearing within 60 calendar days of receipt of an amendment application. Nothing in this section shall prevent Council from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one notice shall be given at least 30 calendar days prior to a scheduled public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include time and place of the public hearing and the nature of the proposed amendment.
(d) Notice to Property Owners. Written notice of the public hearing shall be mailed by the municipality at least 20 calendar days prior to the date of a scheduled public hearing to all property owners proposed to be rezoned or within 250 feet of any portion of such area proposed to be rezoned or redistricted as listed under § 1143.02(c)(5). The notice shall correspond to division (c) of this section in content. Notices shall be sent by certified mail when an amendment proposes to rezone or redistrict ten or less properties. Notice may be sent by certified mail or regular first class mail when an amendment proposes to rezone or redistrict 11 or more properties.
(e) Action by Council. Within 120 calendar days after the public hearing, the Council shall approve or disapprove the amendment application or adopt a modification thereof. If no action is taken by the Council within 120 calendar days after the public hearing, the amendment application shall be considered disapproved. Any parcel of land contained in an amendment application to be rezoned that has been disapproved by the Council shall not be resubmitted to be rezoned in any other amendment application for a period of six months of the date of such disapproval by Council.
(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2024-05, passed 5-6-2024)
§ 1145.01 PURPOSE.
Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district and, if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control such uses shall be designated as conditional uses and allowable only upon review and approval by Council. Because of the uniqueness or special nature of a conditional use with respect to location, design, size, and method of operation, each such use that comes before the review of Council shall be considered individually.
(Ord. 2020-10, passed 6-15-2020)
§ 1145.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for a conditional use shall be made by property owner(s) or lessee(s) to Council.
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for a conditional use shall contain as a minimum:
(1) Name, address and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) A description of existing use, current zoning district, and proposed conditional use.
(4) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(5) A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request.
(6) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
C. Such additional information as may be required by this Zoning Code and/or requested by Council and/or Planning and Zoning Administrator to review the application.
(Ord. 2020-10, passed 6-15-2020)
§ 1145.03 CRITERIA FOR APPROVAL.
The following considerations shall be examined in review of an application for conditional use:
(a) The proposed use is a conditional use of the zoning district and the applicable development standards of this Zoning Code are met.
(b) The proposed use is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area.
(c) The proposed use will not adversely impact access, traffic flow, and other public facilities and services.
(d) The proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature.
(e) The proposed use will not adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 2020-10, passed 6-15-2020)
§ 1145.04 REVIEW PROCEDURE.
(a) Filing and Acceptance of Application. A written application for a conditional use and eight 11" by 17" size copies and two full size copies of all plans and supporting information shall be filed with the Planning and Zoning Administrator. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with this chapter. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete conditional use application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. Council shall hold a public hearing within 60 calendar days of receipt of the conditional use application. Nothing in this section shall prevent the Council from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one notice shall be given at least 30 calendar days prior to a scheduled public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include time and place of the public hearing and nature of the proposed conditional use.
(d) Notice to Property Owners. Written notice of the hearing shall be mailed by the municipality, certified mail, at least 20 days prior to the date of a scheduled public hearing to all property owners as listed under § 1145.02(c)(4). The notice shall correspond to division (c) of this section in content.
(e) Procedure at Hearing. Within 35 days of the public hearing, the Council shall review the application and render one of the following decisions:
(1) Approval of conditional use as requested.
(2) Approval of conditional use with modifications.
(3) Disapproval of conditional use.
Council shall apply the criteria in Section 1145.03 in reaching its determination. In approving a conditional use, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made part of the terms under which the conditional use is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the conditional use approval and respective certificate of zoning compliance.
(Ord. 2020-10, passed 6-15-2020)
§ 1145.05 ISSUANCE OF PERMIT; EXPIRATION.
Upon approval by Council, and with such conditions attached by Council as may be necessary to secure the objectives of this Zoning Code, the Planning and Zoning Administrator shall issue a conditional use permit to the applicant within ten calendar days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within two years, including any construction or renovation. Such permit shall expire if a conditional use is discontinued for more than six months. The conditional use permit serves as a contract between the municipality and the property owner. The property owner must follow the conditions outlined in the permit and will be required to sign an affidavit stating such at the time that the conditional use permit is granted. If the property is sold, the new owner will be required to sign such affidavit within 30 calendar days of taking ownership. At that time, additional conditions may be attached to the conditional use permit by the Planning and Zoning Administrator. If the property owner does not sign such affidavit within 30 days of taking ownership, the new owner must reapply for a conditional use permit.
(Ord. 2020-10, passed 6-15-2020)
§ 1145.06 APPEALS.
Whoever is aggrieved or affected by the decision of Council involving an application for a conditional use shall have the right to appeal Council's decision as provided for in the Ohio Revised Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.01 PURPOSE.
The issuance of a variance to permit exceptions to and variance deviation from the strict interpretation of the applicable regulations contained in this Zoning Code shall be under the authority of the Council. In no case shall the granting of a variance allow a use not permitted under the subject district regulations.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.02 APPLICATION PROCEDURE.
(a) Application to be Made. Written application for a variance shall be made by the property owner(s) or lessee(s) to Council. (Please see § 1147.04(a)).
(b) Application Fee. A fee as stipulated by ordinance shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(c) Application Contents. The application for a variance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A current and accurate legal description of the property(s) in question and a current survey prepared by a licensed surveyor.
(3) The nature of the variance required to include what provisions of the Zoning Code are affected.
(4) A statement pertaining to and explaining the relation of the variance(s) requested to the criteria for approval as listed under § 1147.03.
(5) A list of all property owners within, contiguous to, and directly across the street from the property(s) in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A plot plan to show:
A. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
B. The nature of the special conditions or circumstances.
C. The proposed use of all parts of the lot and structures.
D. The use of land and location of structures on adjacent properties.
E. Such additional information as may be required by this Zoning Code and/or requested by Council and/or the Planning and Zoning Administrator to review the application.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.03 CRITERIA FOR APPROVAL.
All relevant factors including but not limited to the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:
(a) That special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district.
(b) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Zoning Code.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That the granting of the variance will not confer on the applicant any undue privilege that is denied by this Zoning Code to other lands or structures in the same zoning district.
(e) That the granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(f) That the granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations.
(g) That the granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.04 REVIEW PROCEDURE.
(a) Filing of Application. A written application for a variance and 12 11" by 17" size copies and two full size copies of all supporting information shall be filed with the Planning and Zoning Administrator. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with this chapter. Should any information not be included with the application, it shall be deemed incomplete and returned to the property owner or applicant with a written explanation of what information is missing. No incomplete variance application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.
(b) Public Hearing. Council shall hold a public hearing within 60 calendar days of receipt of a variance application. Nothing in this section shall prevent Council from granting a continuance of the public hearing.
(c) Public Notice for Hearing. At least one notice shall be given at least 30 calendar days prior to a scheduled public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the time and place of the public hearing and the nature of the proposed variance(s).
(d) Notice to Property Owners. Written notice of the hearing shall be mailed by the municipality, certified mail, at least 20 calendar days prior to the date of a scheduled public hearing to all property owners as listed under § 1147.02(c)(5). The notice shall correspond to division (c) of this section in content.
(e) (Reserved)
(f) Procedure at Hearing. Within 35 calendar days of the public hearing, Council shall review the application and render one of the following decisions:
(1) Approval of variance(s) as requested.
(2) Approval of variance(s) with modifications.
(3) Disapproval of variance(s).
Council shall apply criteria in § 1147.03 in reaching its determination. In approving a variance(s), Council may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed herein.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.05 APPEALS RELATIVE TO SIGNAGE AND OFF-STREET PARKING.
An appeal may be filed with Council for relief from the strict enforcement of Zoning Code requirements relative to nonconforming signs and nonconforming surface treatment of off-street parking areas, provided the applicant shows:
(a) That the unlawful nonconforming situation has existed a minimum of five years prior to the effective date of this Zoning Code.
(b) That special circumstances or conditions exist which are peculiar to the structure(s) involved and which prevent the applicant from meeting the requirements of this Zoning Code.
(c) That the special circumstances of conditions do not result from the actions of the applicant.
(d) That the granting of an appeal will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.06 ISSUANCE OF ZONING CERTIFICATE.
Upon approval by Council, and with such conditions attached by Council as may be necessary to secure the objectives of this Zoning Code, the Planning and Zoning Administrator shall issue a certificate of zoning compliance for all approved variances to the applicant within ten calendar days of approval. The requirements relative to expiration of § 1135.05 shall apply.
(Ord. 2020-10, passed 6-15-2020)
§ 1147.07 APPEALS.
Whoever is aggrieved or affected by the decision of Council involving a variance application shall have the right to appeal Council's decision as provided for in the Ohio Revised Code.
(Ord. 2020-10, passed 6-15-2020)
§ 1149.01 GENERAL.
The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting this Zoning Code or amendment hereto, may be continued, although such use does not conform with the provisions of this Zoning Code or amendment hereto, as provided herein. It is the intent of this Zoning Code to permit these nonconforming situations to continue until such time that they are removed, but not to encourage their continued use or expansion except as provided for herein.
(Ord. 2020-10, passed 6-15-2020)
§ 1149.02 NONCONFORMING LOTS.
(a) The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of Council in accordance with Chapter 1147.
(b) Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of this Zoning Code. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.
(Ord. 2020-10, passed 6-15-2020)
§ 1149.03 NONCONFORMING STRUCTURES AND DEVELOPMENTS.
Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located may be altered, reconstructed or extended on appeal to Council, provided the applicant shows that:
(a) The nonconforming structure and development was lawful at the time of enactment of this Zoning Code.
(b) Such tax parcel has been under the same ownership for not less than two years.
(c) Such alteration, reconstruction or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(d) Such extension shall not increase the total floor area by more than 50%.
(e) No extension shall be requested within two years of the last previous extension as approved by Council.
(Ord. 2020-10, passed 6-15-2020)
§ 1149.04 NONCONFORMING USES.
The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following:
(a) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing at the time of enactment of this Zoning Code, may be continued. However, if any such nonconforming use is voluntarily discontinued for a period of six months or more, any future use of such land shall be in conformity with this Zoning Code.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to Council, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two years.
(3) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant.
(4) No expansion shall be requested within two years of the last previous expansion as approved by Council.
(c) Substitution. On approval of an appeal to Council, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to Council, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of enactment of this Zoning Code.
(2) Such tax parcel has been under the same ownership for not less than two years.
(3) Such substitution is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area.
(4) No substitution shall be requested within two years of the last previous expansion as approved by Council.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed.
(Ord. 2020-10, passed 6-15-2020)