Defiance City Zoning Code
CHAPTER 1161
General Provisions
1161.01 TITLE.
These regulations shall be known and may be cited as the "City of Defiance Planning and Zoning Code", or referred to as the "Planning and Zoning Code" or the "code".
(Ord. 8592. Passed 7-2-24.)
1161.02 PURPOSE.
This code is adopted for purposes of:
(a) Protecting the public health, safety, comfort, and general welfare;
(b) Dividing the City into zones and districts;
(c) Encouraging, regulating, and restricting therein the location, construction, reconstruction, alteration, and use of structures and land;
(d) Promoting the orderly development of residential, commercial, industrial, recreational, and public areas;
(e) Providing for adequate light, air, and convenience of access to property by regulating the use of land and buildings and the bulk of structures in relationship to surrounding properties;
(f) Limiting congestion in the public rights-of-way;
(g) Providing for the compatibility of different land uses and the most appropriate use of land; and
(h) Providing for the administration of this code.
(Ord. 8592. Passed 7-2-24.)
1161.03 AUTHORITY.
(a) General Authority. The authority for the preparation, adoption, and implementation of this code is derived from Ohio Revised Code (ORC) Chapters 711 and 713.
(b) Reference to the Ohio Revised Code. Whenever any provision of this code refers to or cites a section of the ORC (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to said amended section or the section that most nearly corresponds to the superseded section.
(Ord. 8592. Passed 7-2-24.)
1161.04 JURISDICTION.
The provisions of this code shall apply to all land, subdivisions of land, land development, use of all structures, and uses of land within the City of Defiance of Defiance County, State of Ohio. (Ord. 8592. Passed 7-2-24.)
1161.05 REPEALER AND EFFECTIVE DATE.
(a) Repealer. All ordinances and parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.
(b) Effective Date.
(1) This code became effective on December 11, 2014.
(2) This code may be amended after public hearings and other requirements as specified in the ORC. Any amendments to this code shall be in effect as provided in the ORC.
(Ord. 8592. Passed 7-2-24.)
1161.06 COMPLIANCE REQUIRED.
(a) No building or structure shall be erected, constructed, enlarged, moved or structurally altered, except in conformity with all of the regulations herein specified as being applicable to such land or structure, nor shall any land, building or structure be used, subdivided, or changed, except in compliance with all of the applicable regulations established by this code.
(b) Any new lots created after the effective date of this code must conform to the applicable requirements of this code unless allowed by Section 1161.13 Transitional Rules.
(Ord. 8592. Passed 7-2-24.)
1161.07 DEFIANCE COMPREHENSIVE PLAN.
(a) The administration, enforcement, and amendment of this code should be consistent with the adopted City of Defiance comprehensive plan, as herein referred to as the "comprehensive plan."
(b) Amendments to this code should maintain and enhance the consistency between this code and the comprehensive plan.
(c) In the event of a conflict between the comprehensive plan and any City ordinance, the ordinance shall control.
(Ord. 8592. Passed 7-2-24.)
1161.08 INTERPRETATION AND CONFLICTS.
(a) For the purposes of interpretation and application, the provisions of this code shall be held to be the minimum requirements to promote the purpose of this code.
(b) When provisions of this code are inconsistent with one another or with the provisions found in another adopted code, the more restrictive provisions shall govern.
(c) Where this code imposes a greater restriction than imposed or required by other provisions of law or by other rules, regulations, or ordinances, the provisions of this code shall control. (Ord. 8592. Passed 7-2-24.)
1161.09 RELATIONSHIP WITH PRIVATE-PARTY AGREEMENTS.
This code is not intended to interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this code imposes a greater restriction or imposes higher standards or requirements than such agreement, the provisions of this code shall control. (Ord. 8592. Passed 7-2-24.)
1161.10 PERMITS REQUIRED.
(a) No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure, land or use be established without a permit therefore issued by the Zoning Commissioner.
(b) No permits required for any work in connection with any subdivision shall be issued until the plat has been approved as herein prescribed. Zoning compliance inspections shall not be approved until all required public improvements are completed and approved by the City Engineer and the Zoning Commissioner.
(c) Permits or certificates issued on the basis of plans and applications approved by the agency having jurisdiction authorize only the use and arrangement set forth in such approved plans and applications and no other use, arrangement, or construction. Any other use, arrangement or construction, or failure to obtain an appropriate permit, certificate, or inspection, shall be deemed to be a violation of this code, punishable under the provisions of Chapter 1183 Enforcement and Penalties.
(d) Failure to construct in accordance with approved plans shall be deemed to be a violation of this code, punishable under Chapter 1183 Enforcement and Penalties.
(Ord. 8592. Passed 7-2-24.)
1161.11 SEVERABILITY.
(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment shall not affect the validity and continued enforcement of any other provision of this code.
(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other property, structure, or situation not specifically included in that judgment.
(c) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(d) Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered such condition or limitation necessary to carry out the spirit and intent of this code, and that the officer, commission, or board would not have granted the authorization to which the condition or limitation pertained except in belief that the condition or limitation was lawful.
(Ord. 8592. Passed 7-2-24.)
1161.12 SALE OF LAND IN A SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in this code. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the regulations herein.
(Ord. 8592. Passed 7-2-24.)
1161.13 TRANSITIONAL RULES.
(a) Violations Continue. Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Chapter 1183 Enforcement and Penalties, unless the use, development, construction, or other activity complies with the provisions of this code.
(b) Nonconformities Continue.
(1) Any legal nonconformity that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code, as long as the situation that resulted in the nonconforming status under the previous codes continue to exist.
(2) If a legal nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this code, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.
(c) Pending Applications.
(1) Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the code in effect on the date the application was deemed complete by the city.
(2) If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this code.
(3) Any reapplication for an expired project approval shall meet the standards in effect at the time of reapplication.
(4) An applicant with a pending application may waive review available under prior regulations through a letter to the Zoning Commissioner and request review under the provisions of this code.
(d) Approved Projects.
(1) Any building, structure, or development for which a zoning permit was issued prior to the effective date of this code may, at the applicant's option, be completed in conformance with the issued permit and any other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this code. If such building, structure, or development does not comply fully with this code at the time of completion, it shall be considered a legal nonconformity upon the issuance of a zoning permit from the Zoning Commissioner.
(2) If the building, structure, or development is not completed within the time allowed under the original zoning permit or any extension granted thereof, then the building, structure, or development may be constructed, completed, or occupied only in compliance with this code.
(3) Any application for a project where the zoning permit has expired shall meet the standards in effect at the time the application is resubmitted.
(e) Vested Rights. The transitional rule provisions of this section are subject to Ohio's vested rights laws. (Ord. 8592. Passed 7-2-24.)
1161.14 USE OF GRAPHICS, ILLUSTRATIONS, FIGURES, AND CROSS-REFERENCES.
(a) Graphics, illustrations, and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control.
(b) In some instances, cross-references between chapters, sections, and subsections are provided that include the chapter, section, or subsection number along with the name of the referenced chapter, section, or subsection. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(Ord. 8592. Passed 7-2-24.)