Delta City Zoning Code
TITLE ONE
Zoning
1101.01 TITLE.
Title One of the Part Eleven - Planning and Zoning Code shall be known as the Zoning Ordinance of the Village of Delta, Ohio enacted in 1999. (Ord. 99-2. Passed 3-1-99.)
1101.02 INTERPRETATION.
In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of the Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulation, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.
(Ord. 99-2. Passed 3-1-99.)
1101.03 SEVERABILITY.
Should any section or provision of the Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole, or in any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 99-2. Passed 3-1-99.)
1101.04 REPEALER; EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of the Zoning Ordinance are hereby repealed to the extent necessary to give the Zoning Ordinance full force and effect. The Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law.
(Ord. 99-2. Passed 3-1-99.)
1105.01 DEFINITIONS.
For the purpose of the Zoning Ordinance, certain terms and words are defined as follows. Words used in the present tense include the future, and the plural includes the singular, and the singular the plural. The word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." Except where specifically defined, all words used in the Zoning Ordinance shall carry their customary meanings.
(1) “Accessory structure” means structure which is subordinate to the main building or structure on the same lot. This classification includes accessory buildings.
(2) “Accessory use” means use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.
(3) “Administrator” means the office, as appointed by Council, charged with the administration and enforcement of this Zoning Ordinance and shall be construed as though followed by the words "or authorized agent or representative".
(4) “Adult business establishments” means bookstores, bars, lounges, restaurants, theaters, or shops, which have more than 20% of their stock in trade, or fare, books, pictures, slides, films, media of electronic visual portrayal, or live entertainment, which are distinguished or characterized by their emphasis on matter or live conduct depicting, describing, exposing, or relating to sexual activities or anatomical areas.
(5) “Agriculture” shall include farming, agriculture, horticulture, viticulture, and the processing and sale of agriculture products from land under same ownership.
(6) “Alley” means any public or private dedicated way intended for vehicular service to the rear or side of property served by a street.
(7) “Alteration” means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed".
(8) “Antique shop” means an establishment primarily engaged in the sale of antiques.
(9) “Apartment unit” means a room or suite of two or more rooms with a single kitchen in a multiple family dwelling, occupied or suitable for occupancy as a dwelling unit for one family.
(10) “Arcade” means an establishment which provides five or more electronic, mechanical, or manually operated games which are activated by money or tokens or for which the participant pays money for the privilege of playing such electronic, mechanical, or manually operated games at such establishment.
(11) “Automobile repair” means general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; overall painting; and vehicle rust-proofing.
(12) “Automobile sales” means the sale or rental of new or used motor vehicles or trailers.
(13) “Automobile service station” means a building or structure designed or used for the retail sale of a supply of fuels (stored only in underground tanks), lubricants, air, water and other separating commodities for motor vehicles, aircraft or boats, and includes the customary space and facilities for storage, minor repair or servicing, but does not include bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rust-proofing, where the primary use of the premises is such, or high speed washing thereof.
(14) “Automobile wash establishment” means a building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
(15) “Automobile wrecking or automobile dismantling” means the dismantling and/or wrecking of used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts.
(16) “Awning” means a roof-like cover supported entirely from the exterior wall of a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.
(17) “Bars and cocktail lounges” means establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses which may serve alcoholic beverages incidental to the primary use.
(18) “Basement” means a story partly underground and having more than fifty percent (50%) of its height below the average level of the adjoining ground. A basement should not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area, or in calculating living area unless specifically designed and constructed as living space.
(19) “Boarding house” means a dwelling where meals or lodging and meals are provided, for compensation to three or more persons, by pre-arrangement for definite periods of not less than one week. A boarding house is to be distinguished from a hotel, motel, or a convalescent or nursing home.
(20) “Building” means a permanent structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When the portion of a building is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building may be deemed a separate building.
(21) “Building area” means the space of a lot remaining after the minimum open space requirements of the Zoning Ordinance have been complied with.
(22) “Building, front line of” means the lines of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.
(23) “Building height” means the vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure.
(24) “Building, main or principal” means a building in which is conducted the principal use of the lot on which it is situated.
(25) “Businesses.”
(1) “Central Business” includes comparison and convenience shops; personal, professional, business and financial services; public and semipublic uses and other activities of a comparable nature which contribute to the functions of a compact central area as determined by the Board.
(2) “Highway and General Business” includes commercial uses requiring locations on major thoroughfares and at intersections. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not lend themselves to a unified commercial center plan.
(26) “Business services” means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances, electronics, and machines used in homes or business.
(27) “Canopy” See "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building.
(28) “Carport” means an unenclosed roofed area designed for the parking of motor vehicles.
(29) “Cemetery” means a place for burying the dead. This use may include a mortuary and chapel as secondary uses operated in conjunction with the cemetery.
(30) “Child care center” means any facility whatsoever which cares for one or more children under 18 years of age not related to the operator by blood, marriage, adoption or foster care responsibility, away from the child's own home, for periods of less than 24 hours per day, per child. Occasional extended stays may also be provided. Such facilities may be for profit or non-profit.
(31) “Church” means facilities for religious worship and incidental religious education, but not including private schools as defined in this section.
(32) “Clerk” means the Clerk of the Municipality of Delta, Ohio.
(33) “Clinic” means a facility which provides treatment which requires observation and recovery normally lasting one to five hours for illness, injury, abnormality or pregnancy. Such facilities may also provide examination, diagnosis, ambulatory care and outpatient services, but do not provide overnight care.
(34) “Club” means a building or portion thereof or premises owned or operated for a fraternal, literary, political or education purpose primarily for the exclusive use of its members and their guests.
(35) “Commercial recreation” means an establishment exclusively or primarily engaged in the provision of participant or spectator recreation or entertainment. This classification includes, but is not limited to, theaters, cinemas, performance art facilities, sports arenas, convention centers, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, swimming pools, hot tubs, tennis/racquetball courts, and arcades.
(36) “Commission “ means the Planning Commission of Delta, Ohio.
(37) “Community center” means a building, buildings, or portions thereof used for recreational, social, educational, and cultural activities which buildings are owned and/or operated by a public, nonprofit, or public serving group or agency.
(38) “Conditional use” means any use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Appeals.
(39) “Conditional use permit” means a permit issued by the Administrator upon approval by the Delta Village Board of Appeals to allow a use other than a principally permitted use to be established within the district.
(40) “Condominium” means an undivided interest in common of real property coupled with a separate interest in space called a "unit", the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to boundaries described in the recorded final map, parcel map, or condominium plan physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, an entire structure containing one or more units, or any combination thereof. The portions of the real property held in undivided interest may be all of the real property, except for the separate interest, or may include a particular three dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock-cooperative developments.
(41) “Council” means the Council of the Village of Delta, Ohio.
(42) “Crematoriums” means a structure containing a furnace to reduce a dead body to ashes with fire.
(43) “Customer work shop” means a building or part of a building where goods or services are produced to special order.
(44) “Day care center, adult” means a state licensed facility to provide necessary care and supervision to persons 18 years of age or older on less than a 24 hour basis. Adult day care centers include the various types of adult day services as defined under state law and periodically amended, which includes "adult day care facilities, adult social day care facilities, and adult day health care facilities".
(45) “Day care center, child” means a state licensed facility, other than a family day care home, providing nonmedical care and supervision to children under 18 years of age on less than a 24 hour basis. Child day care centers shall include "day care centers" as defined under state law and periodically amended, which includes infant centers, preschools, and extended day care facilities.
(46) “Deck” means a level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade and not covered by a permanent roof. Deck shall include patio and terrace.
(47) “Density” means the number of dwelling units per acre of total land.
A. “Gross Density” means the number of dwelling units per acre of total land to be developed.
B. “Net Density” means the number of dwelling units per acre of land when the acreage only includes land devoted to residential use.
(48) “District, Zoning Districts” means administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the “district map” which is part of the Zoning Ordinance.
(49) “Drive-in establishment” means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in, or momentarily stepped away from their motor vehicle, such as banks, laundry or dry cleaning pick-up establishments and restaurants.
(50) “Drive-up establishment” means an establishment or facility where goods or services are provided from windows or in drive through areas to customers in cars, or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line up of cars waiting in line for such goods or services.
(51) “Driveway” means an appropriately paved and privately owned surface or road which provides access to off street parking or loading facilities.
(52) “Duplex” means a building designed exclusively for occupancy by two families living independently of each other.
(53) “Dwelling” means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant and shall include factory built or manufactured structures.
(54) “Dwelling, multiple” means a building containing three or more dwelling units, or two or more dwelling units above the first and ground floor, or one or more dwelling units if the building contains a use other than a dwelling use. The words "multiple dwelling", "tenement house" and "apartment house" are synonymous.
(55) “Dwelling, single family” means a detached building designed for or occupied exclusively by one family.
(56) “Dwelling unit” means one or more rooms arranged for the use of one or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities excluding state approved group homes.
(57) “Easement” means any authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(58) “Emergency shelter” means a facility which provides room and board, protection, counseling and pre-placement screening for abused children or adults for a normal stay of not over thirty days per client. Such facility shall not provide intensive treatment or therapy services.
(59) “Essential services” means the erection, construction, alteration or maintenance by a public utility or municipal department or commission of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories reasonable in connection therewith for the furnishing of adequate service by such public utility or municipal department or commission for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.
(60) “Equipment leasing and rentals” means an establishment leasing or renting construction equipment, or horticultural or agricultural equipment, including storage and incidental maintenance.
(61) “Factory built housing” means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site.
(62) “Family” means one or more individuals occupying a dwelling unit and living as a single household unit.
(63) “Family care facility” means a facility licensed or supervised by an appropriate State, Federal or County agency to provide resident services and 24 hour supervision to five or fewer persons who are not related to the resident household. Such a facility is headed by agency approved staff and functions as a single housekeeping unit. These individuals may be handicapped, aged, disabled or in need of adult supervision and are provided service and supervision in accordance with their individual needs. This category includes: foster or boarding homes for children, group homes and family homes. (Ord. 99-2. Passed 3-1-99.)
(63.1) “Farm animals” means chickens, ducks, geese or any other fowl except as defined in Section 505.19, sheep, goats, horses, cattle, swine or any other hoofed animal.
(Ord. 09-14. Passed 3-16-09.)
(64) “Floor area, residential” means, for the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior wall. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
(65) “Food and beverage sales” means an establishment which is maintained, operated, and/or advertised or held out to the public as a place where the primary use is retail sales of food and beverages for off site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores.
(66) “Food manufacturing” means an establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on site, souvenirs, and ancillary tasting facilities for the public.
(67) “Food processing” means the preparation or processing of food products. Examples of activities included are bakeries and dairies.
(68) “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback line, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(69) “Garage, commercial” means any premises used principally for the storage of automobiles or motor-driven vehicles for remuneration, hire or sale, where such vehicle or engine may also be equipped for operation, repaired, rebuilt or reconstructed, and where vehicles may be greased, washed or serviced except those described as private, community or storage garages available to the public.
(70) “Garage, private” means a building used primarily for the storage of motorized vehicles for the use of the occupants of a lot on which such building is located. The foregoing definition shall be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of one ton.
(71) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
(72) “Greenbelt” mean an open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
(73) “Group home” means a facility wherein:
A. The operator is not legally related to the individuals supervised and is licensed by the federal, state, or county agency and wherein;
B. One or more individuals is provided with room, board, specialized and distinctive care and supervision in a family environment, or where five or more individuals reside and are provided with room, board, ordinary care and supervision in a family environment.
(74) “Health and physical fitness clubs” means private athletic clubs and gymnasiums, including but not limited to weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities.
(75) “Health services” means establishments primarily engaged in furnishing medical, surgical or other health services to individuals, including the offices of physicians, dentists, optometrists, massage therapists, ophthalmologist and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.
(76) “Home occupation” means an occupation carried on by the occupant(s) of a dwelling as a secondary use in connection with which there is no display, no walk- in customers, no stock in trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes.
(77) “Hotel/motel” means a building occupied or used as a temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms.
(78) “House front” means that part of a residential dwelling where the formal entryway is to the main living area or where the street address is located.
(Ord. 99-2. Passed 3-1-99.)
(78.1) “Industrialized unit” means a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as 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. (Ord. 00-18. Passed 8-7-00.)
(79) “Industry” means those fields of economic activity including forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas and sanitary services and wholesale trade.
(80) “Industry, general” means any manufactured or industrial production which by the nature of the materials, equipment and process utilized are objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water carried waste.
(81) “Industry, restricted” means any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall be conducted entirely within enclosed, substantially constructed buildings, involving the use of only light machinery and equipment and requiring no open storage of materials or equipment other than for the unloading or loading operations at the rear or within enclosures which abut a building. Permitted uses shall comply with the performance requirements specified in Section 1129.01, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: drugs, sporting goods, processing, assembly of glass products, small household appliances, electronic products and parts for production of finished equipment, research and testing laboratories, printing and engraving plants, bakeries and dairies.
(82) “Institution” means buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.
(83) “Junk” means glass, paper, metal, waste or discarded articles.
(84) “Junk yard” means the use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.
(85) “Kennel” means any lot or premises on which three or more dogs, four months or older, are kept for the purpose of breeding, permanently or temporarily boarded or for sale.
(86) “Landscaping” means the planting and maintenance of live trees, shrubs, ground covers, and lawn areas, including the installation or irrigation systems required by the provisions of this chapter. "Landscaping" may include inorganic decorative
materials of natural or manmade origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.
(87) “Loading space” means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 ft. by 30 feet and a vertical clearance of at least 14 feet.
(88) “Lot” means a parcel of land occupied or intended to be occupied by one or more dwelling units in a residential district or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incidental thereto, including such open spaces and minimum area provisions as are required by this Zoning Ordinance for the district in which such lot is situated and having its principal frontage on an improved public street.
(89) “Lot area” means the total horizontal area within the lot lines of a lot exclusive of any portion of the right-of-way of any public thoroughfare.
(90) “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.
(91) “Lot double frontage” means a lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning permit. If there are existing structures in the same block fronting on one or both of the streets, required front yard set back shall be observed on those streets where such structures presently front.
(92) “Lot coverage” means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
(93) “Lot depth” means the mean horizontal distance from the front street line to the rear lot line.
(94) “Lot line” means the property line bounding the lot.
A. Front lot line: the line separating the lot from the street right-of-way.
B. Rear lot line: ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd shaped lots, the rear lot lines may need to be defined by the Planning Commission.
C. Side lot line: any lot line which meets the end of a front lot line, normally at an angle equal to or greater than 30 degrees.
(95) “Lot of record” means a lot which actually exists in a subdivision plat as shown on the records of the Fulton County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(96) “Lot width” means the horizontal distance between the side lot lines, measured at the two points where the minimum required building line or setback for the particular zoning district intersects the side lot lines.
(97) “Maintenance and repair services” means an establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats or ships. (Ord. 99-2. Passed 3-1-99.)
(98) “Manufactured home” means a non self-propelled building unit or assembly of closed construction fabricated in an offsite 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 or more sections, which, in the traveling mode, is eight body feet or more in width or forty 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 number of square feet in a structure’s exterior dimensions are measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. (ORC 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, and other foundation, connection to utilities and the like. (Ord. 00-18. Passed 8-7-00.)
(99) “Manufactured home development” means a general category of development that includes manufactured home subdivisions and manufactured home parks.
(100) “Mayor” means the Mayor of Delta, Ohio.
(101) “Mini warehouse or self-storage facilities” means a warehouse operation serving the public where customers rent or lease, and have direct access to, individual storage areas, compartments, or rooms within a larger structure or structures provided for storage use. This use may include limited caretaker facilities.
(Ord. 99-2. Passed 3-1-99.)
(102) “Mobile home” means 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 eighty feet or more in width and more than thirty-five 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. (Ord. 00-18. Passed 8-7-00.)
(103) “Modular home” means a detached single family dwelling unit designed and constructed of closed construction sections or units for transportation in sections or units on a steel frame, flat bed truck or trailer, for assembly and permanent installation upon an approved permanent foundation, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations, a bathtub or shower bath, kitchen facilities, and plumbing and electrical systems designed to be permanently connected to appropriate external systems, and accompanied by an insignia and/or letter of certification.
(104) “Monopole” means a support structure constructed to a single self-supporting hollow metal tube and secured to a foundation.
(105) “Motel”. See Hotel.
(106) “Municipality” means Delta, Ohio.
(107) “Nonconforming use” means any building, structure or land lawfully occupied by a use on the effective date of the Zoning Ordinance, or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(108) “Nursing home” means a facility licensed and regulated by the State of Ohio, which provides lodging and long-term skilled nursing care of aged, chronically ill or convalescent patients. This term does not include hospitals, clinics, or similar institutions.
(109) “Off street parking space” means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than one hundred eighty (180) square feet, exclusive of access drives or aisles.
(110) “Open air business uses” means business uses not conducted from a wholly enclosed building or structure.
(111) “Open front store” means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter such structure.
(112) “Open storage” means all outdoor storage of building material, equipment, vehicles and other materials.
(113) “Owner” means the owner or owners of the premises and includes the holder of title thereto, subject to contract of purchase, a vendee in possession; a mortgagee or receiver in possession; or a representative.
(114) “Personal convenience service” means an establishment providing recurrently needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self service laundromats, and similar services. This classification excludes tattoo parlors.
(115) “Personal services” means any enterprise which primarily offers services to the general public.
(116) “Planned Unit Development” means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre- planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(117) “Planning Commission” means the Planning Commission of Delta, Ohio.
(118) “Plant cultivation” means the cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses.
(119) “Porch” means a roofed open area which may be glazed or screened, usually attached to or part of, and with direct access to or from a building. A porch becomes a room when the space enclosed is heated or air-conditioned and, if glazed, when the percentage of window area to wall area is less than fifty percent (50%).
(120) “Principal use” means the principal permitted use as provided in each district.
(121) “Professional activities” means the use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
(122) “Public lands” means public parks, schools and administrative and cultural buildings and structures, and public service facilities, including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
(123) “Public service facility” means the erection, construction, alteration, operation, or maintenance of buildings, power plants or pumping stations, sewage disposal or plumbing plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services and all other facilities, equipment and structures necessary for conducting a service by a government or public utility.
(124) “Recreational facilities”.
A. “Noncommercial recreational facilities” means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools.
B. “Commercial recreational facilities” means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, skating rinks, riding stables, race tracks, carnivals and similar commercial enterprises.
(125) “Restaurant” means an establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state.
A. “Drive-in” means foods, frozen desserts or beverages served directly to the customer in a motor vehicle either by a car-hop or by other means which eliminates the need for the customer to exit the motor vehicle.
B. “Fast-foods” means foods, frozen desserts or beverages served to the customer either within the restaurant building or for carry-out.
C. “Carry-out” means food, frozen desserts or beverages served to the customer in edible containers, or in paper, plastic or other disposable containers with consumption off the premises.
D. “Standard” means foods, frozen desserts or beverages served to the customer by a restaurant employee at the same table or counter at which such items are consumed.
E. “Cafeteria” means foods, frozen desserts or beverages served to the customer in a line which is then taken to a table or counter by the customer for consumption.
(126) “Residential floor area” means the interior floor area of a dwelling, including stairways, halls and closets, but not including basements, porches, garages, breezeways or carports.
(127) “Retail service” means establishments providing services or entertainment, as opposed to products, to the general public.
(128) “Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household use and rendering service incidental to the sale of such goods.
(129) “Roadside stand” means a structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal products.
(130) “Rooming house”. See Boarding House.
(131) “Semipublic (Quasi Public Use)” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable, or philanthropic or nonprofit nature.
(132) “Setback” means the minimum horizontal distance between the principal building or structure, (excluding steps) and the front, side and back lot line.
(Ord. 99-2. Passed 3-1-99.)
(132.1) “Single Family Dwellings” means detached, individual dwelling units, which accommodate one family related by blood, adoption, or marriage; or up to five unrelated individuals living as one household unit. The type of construction of such units shall conform either to the OBOA, or CABO “One and Two Family Dwelling Code”, or other applicable building code, or be classified as an “Industrialized Unit” under the Ohio Basic Building Code, or conform to the Ohio Revised Code (ORC 303.212 - counties; ORC 591.212 - township) definitions of permanently sited manufactured housing, as follows:
Permanently Sited Manufactured Housing must:
A. Be constructed pursuant to the HUD Code Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.A. 5414, certifying compliance with all federal construction and safety standards.
B. Be attached to a permanent frost-free foundation (slab, crawl space foundation or full foundation).
C. Be connected to appropriate utilities.
D. Have a length of at least twenty-two feet of living area, or whatever greater square footage is uniformly required by zoning.
E. Have at least 900 square feet of living area, or whatever greater square footage is uniformly required by zoning.
F. Have conventional residential siding (i.e. lap, clapboard, shake masonry vertical natural materials), a six inch minimum eave overhang, and a minimum “a” roof pitch of 3:12.
G. Have removed its indicia of mobility (temporary axles, trailer tongue, running lights) upon placement upon its foundation.
H. Be intended to be assessed and taxed as permanent real estate, not personal property. The title for such structure shall be surrendered to the County Auditor upon its placement upon its permanent foundation, and such surrender shall be notice to the Auditor to tax said structure as real estate from that day forward.
I. Meet all applicable zoning requirements uniformly imposed on all single family dwellings in the particular district, (excepting contrary requirements for minimum roof pitch and requirements that do not comply with HUD code standards for manufactured housing). (Ord. 00-18. Passed 8-7-00.)
(133) “Site plan” means a plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations of this Zoning Ordinance. It includes lot lines, streets, building sites, reserved open spaces, buildings, major landscape features, both natural and manmade, and locations of proposed utility lines.
(134) “Site plan review” means the process whereby the Planning Commission shall review the site plans and maps of developer to assure that they meet the stated purposes and standards of the zoning district, provide for the necessary public facilities such as roads and schools, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.
(135) “Solicitor” means the Solicitor of Delta, Ohio.
(136) “Story” means that portion of a building other than a basement included 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. A basement shall be counted as a story if it is used for living quarters or if two- thirds of its volume is above the average level of the adjacent ground.
(137) “Street line, right-of-way line” means a dividing line between a lot, tract or parcel of land and contiguous street.
(138) “Structure” means anything constructed or erected other than a building, the use of which requires permanent location on the ground, or attached to something having a permanent location of the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, and backstops for tennis courts.
(139) “Structure alteration” means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.
(140) “Swimming pool” means any structure or container including hot tubs or similar structures located above or below grade, designed to hold water to a depth of greater than eighteen inches (18"), and intended for swimming or wading. A swimming pool shall be considered an accessory use and shall be subject to the regulations of this Zoning Ordinance.
(141) “Tent” means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and does not include those types of tents used solely for children's recreational purposes.
(142) “Temporary buildings and uses” means a structure or use permitted to exist during periods of construction of the main use of the lot or for special events for periods of not more than six months.
(143) “Tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
(144) “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 (1) or more common walls.
(145) “Trailer, small utility” means any trailer drawn by passenger automobile, used for the occasional transport of personal effects.
(146) “Travel trailer” means a licensed vehicle, motorized or non-motorized, built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
(147) “Trucking terminal” means storage and distribution facilities having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time, but excluding trucking accessory to another industrial use on the site.
(148) “Variance” means a variance is a relaxation of requirements where such variation will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Zoning Ordinance would result in unnecessary and undue hardship.
(149) “Vehicle” means every device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices other than bicycles moved by human power.
(150) “Veterinary animal hospital” means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation.
(151) “Warehouse retail” means an off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public.
(152) “Warehouse retail, speciality” means an off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers.
(153) “Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesales; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(154) “Wireless Telecommunication Facility” means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower antenna support structure. However, the term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.
B. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
C. Antennas used by amateur radio operators.
(155) “Yard” means an open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(156) “Yard, front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of- way and the main building or any projection thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(157) “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, or unenclosed porches.
(158) “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereof.
(159) “Zero lot line” means the location of a building on a lot in such a manner that one or more of the building sides rest directly on the lot line.
(160) “Zoning Administrator or Inspector” means the official of the Village of Delta or his authorized representative responsible for the enforcement of this Zoning Ordinance. The Zoning Administrator is appointed by the Mayor and confirmed by the Council.
(161) “Zoning Certificate” means a document authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(162) “Zoning District Map” means the Zoning District Map or maps of the municipality, together with all amendments subsequently adopted.
(Ord. 99-2. Passed 3-1-99.)
1109.01 DISTRICTS.
The municipality is hereby divided into districts under four general categories which shall be known as: Open Area Districts, Residential Districts, Business Districts and Industrial Districts. (Ord. 99-2. Passed 3-1-99.)
1109.02 OPEN AREA DISTRICTS.
(a) "RC" Rural Conservation. Large open land areas which are reserved for agricultural, forestry, recreational and similar open space uses.
(b) "FP" Flood Plain . Areas which are subject to periodic flooding and are unsuitable for urban development except for open space uses.
(c) "S-1" Special. Areas which are public or semipublic holdings and areas which should be reserved for public and semipublic purpose, including recreation.
(Ord. 99-2. Passed 3-1-99.)
1109.03 RESIDENTIAL DISTRICTS.
(a) "SR" Suburban Residence. For low density residential development with a range of 1 - 2 units per net acre.
(b) "R-l" Low Density Residence. For relatively low density residential development with a range of 2 - 4 units per net acre.
(c) "R-2" Medium Density Residence. For medium density residential development with a range of 4 - 9 units per net acre.
(d) “R-3" High Density Residence. For moderately high density residential development which has convenient access to all community services and developed with a range of 6 - 14 units per net acre. (Ord. 99-2. Passed 3-1-99.)
1109.04 BUSINESS DISTRICTS.
(a) "B-1" Central Business District. For existing central business district plus additional areas which are logical for development and expansion of a unified and compact central business district.
(b) “B-2" Highway and General Business. For areas along major highways or thoroughfares which provide sales and services oriented to highway travelers; or general businesses including sale of and services for motor vehicles, farm machinery, building materials, and the like. (Ord. 99-2. Passed 3-1-99.)
1109.05 INDUSTRIAL DISTRICTS.
(a) "M-1" Restricted Industrial. Areas for light industries with restricted manufacturing operations, research facilities and offices of a restricted nature which will have little or no detrimental effects on neighboring land uses.
(b) "M-2" General Industrial. Areas which, because of their access to transportation and community services, and relative isolation from other land uses, provide good sites for most types of general industry.
(c) "M-3" Planned Industrial/Business Parks. Areas which offer opportunity for the planning and development of industrial/business parks. (Ord. 99-2. Passed 3-1-99.)
1109.06 DISTRICT MAP.
(a) The boundaries of the districts are shown upon the map which is made a part of this Zoning Ordinance, which map is designated as the "District Map". The district map and other information shown thereon are a part of this Zoning Ordinance. The original district map is properly attested and is on file with the Clerk.
(b) No amendment to this Zoning Ordinance which involves matter portrayed on the Official District Map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Zoning Ordinance.
(c) The Official District Map, which shall be located in the Office of the Clerk shall be the final authority as to the current zoning status of land and water area, buildings and other structures. The Official District Map shall be periodically updated.
(Ord. 99-2. Passed 3-1-99.)
1109.07 DISTRICT BOUNDARY LINES.
(a) Boundaries.
(1) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;
(2) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines;
(3) Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits;
(4) Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.
(5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore lines shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;
(6) Boundaries indicated as parallel to or extensions of features indicated in subsections (a)(1) through (6) hereof, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
(7) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by subsections (a)(1) through (6) above, the Board of Appeals shall interpret the distance boundaries.
(b) Zoning of Street, Alley and Railroad Right-of-Way. All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be the same zone as the property immediately abutting upon such streets, alleys or railroad rights-of-way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
(c) Zoning Map, Vacations, Alterations.
(1) The districts and their boundary lines are indicated and hereby established upon the map entitled Official Zoning Map, Village of Delta, which is on file with the Clerk of Council and which map is attached hereto and is hereby made a part of the Zoning Ordinance by reference.
(2) Whenever a street or public way is vacated by official action of Council, the zoning districts adjoining each side of the street or public way shall automatically extend to the center of such vacation and all area included in the vacation shall hereafter be subject to all regulations of the extended. district. (Ord. 99-2. Passed 3-1-99.)
1109.08 COMPLIANCE WITH REGULATIONS.
The regulations set forth by this Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.
(a) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structuralJy altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To have narrower or smaller rear yards, front yards, side yards or other open spaces;
than herein required; or in any other manner contrary to the provisions of this Zoning Ordinance.
(c) No yard or lot existing at the time of passage of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(Ord. 99-2. Passed 3-1-99.)
1109.09 ZONING UPON ANNEXATION.
(a) Temporary Zoning. Whenever any areas are annexed to the municipality, the same shall be considered as temporarily with a district determined as follows:
(1) All lots, tracts or land which, prior to annexation, were or were not subject to zoning regulations shall be classified as being in whichever district of this Ordinance that most clearly conforms to the Village zoning districts. Such classification shall be recommended by the Planning Commission to the Council prior to the acceptance of the petition for annexation. Upon acceptance of the annexation, Council shall by ordinance classify the zoning district that is annexed.
(b) Permanent Zoning. Within sixty days after annexation, the Planning Commission shall formulate and transmit to Council its recommendations as to permanent zoning for all annexed areas. Whereupon, Council shall hold at least one public hearing, after first giving reasonable public notice thereof, upon the question of said permanent zoning, which shall be adopted in accordance with the provisions in Section 1153.01 hereof with respect to amendments of the Zoning Ordinance.
(c) Parcel Splits.
(1) Parcel splits under five acres in size, fronting along dedicated public streets, shall be reviewed by the Village Zoning Administrator for conformance to the Zoning Ordinance. Parcel splits over five acres in size, involving new streets with access easements, public or private, shall be reviewed by the Zoning Administrator for compliance to the Zoning Code and the Village of Delta Subdivision Regulations.
(2) The applications for a minor subdivision approval shall consist of a survey from a registered surveyor and a legal description of the property.
(3) If the proposed minor subdivision is not contrary to applicable subdivision and zoning requirements and the Comprehensive Plan, the Village Zoning Administrator shall approve such proposed subdivision, and upon presentation of an application for subdivision approval for said parcel and the proposed conveyance, shall stamp "Approved by Delta Village Planning Commission", on said application.
(4) Such splits shall not be recorded at the County Auditor's Office until approved by the Delta Village Planning Commission or Zoning Administrator. (Ord. 99-2. Passed 3-1-99.)
1109.10 USES PERMITTED IN ALL DISTRICTS.
Accessory uses and essential services as defined in Chapter 1105 shall be permitted in all zoning districts established by the Zoning Ordinance. (Ord. 99-2. Passed 3-1-99.)
1113.01 USE REGULATIONS.
The permitted and conditional uses for each district are shown in the following tabulations which shall constitute this chapter of the Zoning Ordinance. Accessory Uses and Essential Services shall be permitted in all zoning districts established by this Zoning Ordinance. The interpretation of uses listed in each district shall be defined in Chapter 1105. Except as specifically defined in Chapter 1105, all permitted and conditional uses shall carry their customary meaning. Uses not specifically listed or interpreted to be included categorically under this chapter and Chapter 1109 shall not be permitted except by amendment to the Zoning Ordinance.
(a) “RC” RURAL CONSERVATION
Permitted Uses Conditional Uses Requiring Board Approval Single-Family Dwelling Semi-Public Uses Conservation Non-Commercial Recreation Facilities Public Uses Agriculture and Forestry Sand, Gravel, and Topsoil Extraction |
(b) “FP” FLOOD PLAIN
Areas designated on the zoning maps as flood plain must abide by Flood Plain Ordinance #1540 and all amendments thereafter.
Permitted Uses Conditional Uses Requiring Board Approval Conservation Public Service Facility Parks and Recreation Areas Agricultural and Forestry Public Uses Residential Uses (lawns - gardens and play areas) |
(c) “S-1" SPECIAL
Permitted Uses Conditional Uses Requiring Board Approval Public Uses Semi-Public Uses Non-Commercial Recreational Facility Public Service Facility Plant Cultivation Commercial Recreational Facility Cemetery Airport Sand and Gravel Extraction Agriculture and Forestry Child & Adult Day Care Facility Nursery School |
(d) “SR” SUBURBAN RESIDENCE
Permitted Uses Conditional Uses Requiring Board Approval Singe-Family Dwelling Noncommercial Recreational Facilities Public Uses Cemetery Semi-Public Uses Public Service Facility Planned Unit Development Agriculture |
(e) “R-1" LOW DENSITY RESIDENCE
Permitted Uses Conditional Uses Requiring Board Approval Singe-Family Dwelling Two-Family Dwelling Public Uses Public Service Facility Semi-Public Uses Professional Activities Planned Unit Development Noncommercial Recreational Facilities |
(f) “R-2" MEDIUM DENSITY RESIDENCE
Permitted Uses Conditional Uses Requiring Board Approval Single-Family Dwelling Multiple-Family Dwelling Two-Family Dwelling Public Service Facility Public Uses Professional Activities Semi-Public Uses Noncommercial Recreational Facilities Planned Unit Development Child & Adult Day Care Facility |
(g) “R-3" HIGH DENSITY RESIDENCE
Permitted Uses Conditional Uses Requiring Board Approval Single-Family Dwelling Noncommercial Recreational Activities Two-Family Dwelling Nursery School Multiple-Family Dwelling Child & Adult Day Care Facility Planned Unit Development Nursing Home Public Uses Clinic Semi-Public Uses Professional Activities Condominiums Conversion of Dwellings to Apartments Mortuaries |
(h) “MH” MANUFACTURED HOME PARK
Permitted Uses Conditional Uses Requiring Board Approval Single and Multi-Sectional None Manufactured Homes |
(i) “RZ” ZERO LOT LINE OVERLAY DISTRICT
Permitted Uses Conditional Uses Requiring Board Approval Detached Single-Family Dwelling None |
(j) “B-1" CENTRAL BUSINESS
Permitted Uses Conditional Uses Requiring Board Approval Local Business Automobile Service Stations Personal Services Drive-In Banks Business Services Automotive Sales and Repairs Offices and Financial Institutions Apartments as Secondary Uses Restaurants Maintenance & Repair Services Motels Professional Activities Commercial Recreation Facilities Semi-Public Uses Public Uses Public Service Facilities Antique Stores Arcades Health Services |
(k) “B-2" HIGHWAY AND GENERAL BUSINESS
Permitted Uses Conditional Uses Requiring Board Approval Retail Business Outdoor Advertising (including billboards) Personal Services Wholesale Business Business Services Printing and Publishing Offices and Financial Institutions Animal Hospitals and Clinics Drive-In Commercial Uses Commercial Recreational Facilities Motels Sales and Storage of Building Materials Commercial Recreation Facilities Transport and Trucking Terminals Automobile Service Stations Public Service Facility Automotive Service and Repair Adult Business Establishments Restaurants and Taverns Automobile Sales Mortuaries Equipment Leasing & Rentals Public and Semi-Public Uses Retail Warehouses Antique Stores Arcades Auto Wash Establishments Health Services Maintenance & Repair Services |
(l) “M-1" RESTRICTED INDUSTRIAL
Permitted Uses Conditional Uses Requiring Board Approval Restricted Manufacturing Outdoor Advertising (including billboards) Printing and Publishing Food Processing Research and Testing Facilities Restaurants Offices Telecommunication Towers Public Service Facilities Planned Unit Development Warehousing Equipment Leasing & Rentals Crematoriums |
(m) “M-2" GENERAL INDUSTRIAL
Permitted Uses Conditional Uses Requiring Board Approval General Manufacturing Restaurants Manufacturing, Sale and Storage of Sand, Gravel and Topsoil Extraction Bldg. Materials Transport and Trucking Terminals Telecommunication Towers Wholesale Business Warehousing Food Processing Public Service Facility Grain Elevators and Feed Mills Planned Unit Development Crematoriums Recycling/Processing Facility |
(n) “M-3" PLANNED INDUSTRIAL/BUSINESS PARK
Conditional Uses Requiring Board Approval
Automobile Service Stations
Restaurants
Motels
Warehousing
Wholesale Business
All Uses Permitted in B-1 and B-2 Districts
Restricted Manufacturing
General Manufacturing
Printing and Publishing
Research and Testing Facilities
Offices and Banks
Business Services
Public Service Facilities
Telecommunication Towers
Equipment Leasing & Rentals
(Ord. 99-2. Passed 3-1-99; Ord. 17-29. Passed 10-2-17
; Ord. 18-23. Passed 9-10-18
.)
1113.02 ADDITIONAL CONDITIONAL USE REQUIREMENTS.
(a) Adult Business Establishments.
(1) Adult business shall not be located within:
A. 500 ft. of residential zoned districts;
B. 1,000 ft. of any other adult business; and
C. 500 ft. of a day care center, church, public parks, schools, libraries or other public buildings.
The distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
(2) Adult business establishments shall follow all of the density, setback, and parking requirements of the respective districts and all other zoning, building, and state requirements.
(3) All building openings, entries, windows, etc., shall be located, covered, or otherwise arranged in such a manner to prevent a view into the interior of the use. (Ord. 99-2. Passed 3-1-99.)
1113.03 TELECOMMUNICATION TOWERS.
The following wireless telecommunication facilities are permitted as a conditional use upon a lot, subject to the following requirements:
(a) Maximum Height. Any height of such tower in excess of the distance of such tower from the nearest property line shall require approval of the Board of Zoning Appeals.
(b) Minimum Setback From Property Lines. The minimum setbacks and yard requirements for principal structures shall apply.
(c) Minimum Setback From Residential Structure. No tower shall be located a distance less than its height from a structure used as a residence.
(d) Equipment Shelter. The minimum setbacks and yard requirements for principal structures shall apply and such shelter shall not be located above ground in any required front or side yard. (Ord. 99-2. Passed 3-1-99.)
1117.01 BASIC YARD, AREA, AND HEIGHT REQUIREMENTS FOR DWELLINGS.
District | Minimum Lot Width (in feet) | Minimum Lot Area (per family) | Minimum Yard (in feet) | Minimum Yard Width (in feet) Sum of | Maximum Height of Buildings | |||
Front | Rear | Either Side | Side Yards | Stories | Feet | |||
"RC" | 250 | 2 acres | 60 | 60 | 50 | 100 | 2.5 | 35 |
"SR" Single-Family | 110 | 22,000 sq. ft. | 45 | 45 | 15 | 35 | 2.5 | 35 |
"R-1" | ||||||||
Single-Family | 90 | 13,000 sq. ft. | 40 | 40 | 10 | 20 | 2.5 | 35 |
Two-Family | 120 | 8,700 sq. ft. | 40 | 40 | 12 | 25 | 2.5 | 35 |
"R-2" | ||||||||
Single-Family | 75 | 9,000 sq. ft. | 30 | 35 | 7 | 20 | 2.5 | 35 |
Two-Family | 110 | 6,600 sq. ft. | 30 | 35 | 10 | 23 | 2.5 | 35 |
Multi-Family | 125 | 4,500 sq. ft. | 30 | 35 | 20 | 40 | 2.5 | 35 |
"R-3" | ||||||||
Single-Family | 60 | 7,200 sq. ft. | 25 | 30 | 7 | 18 | 2.5 | 35 |
Two-Family | 80 | 4,800 sq. ft. | 25 | 30 | 12 | 24 | 2.5 | 35 |
Multi-Family | 100 | |||||||
Efficiency | 2,250 sq. ft. | 25 | 30 | 15 | 35 | 3 | 45 | |
One-Bedroom | 2,500 sq. ft. | 25 | 30 | 15 | 35 | 3 | 45 | |
Two-Bedroom | 3,000 sq. ft. | 25 | 30 | 15 | 35 | 3 | 45 | |
Over Three Bedrooms | 3,500 sq. ft. | 25 | 30 | 15 | 35 | 3 | 45 | |
“MH” See Section 1125.06
“RZ” See Section 1125.07
(Ord. 99-2. Passed 3-1-99.)
1117.02 FLOOR AREA REQUIREMENTS FOR DWELLINGS.
The floor area per family in dwellings erected on any lot shall not be less than that established by the following table. In determining floor area, only area used for living quarters shall be counted. Utility rooms, garages, carports, porches, laundry area, heater rooms and basements shall be excluded in the floor area requirements.
Minimum Floor Area Per Each Family Unit (square feet) | ||||
Apartment Dwellings | ||||
District | Single and Two-Family Dwellings | Efficiencies | 1 Bedroom
Unit | 2 or More
Bedrooms |
"RC" | 1,200- | - | - | |
"SR" | 1,200 | - | - | - |
"R-1" | 1,200 | 500 | 750 | 900 + 125* |
"R-2" | 1,100 | 500 | 750 | 900 + 125* |
"R-3" | 900 | 500 | 650 | 900 + 125* |
*Add 125 sq. ft. for each additional bedroom over two. (Ord. 99-2. Passed 3-1-99.)
1117.03 BASIC YARD, AREA, LOT COVERAGE AND HEIGHT REQUIREMENTS FOR ALL BUILDINGS OTHER THAN DWELLINGS; EXCEPT AS PROVIDED IN SECTION 1117.08.
Minimum Lot Width (in feet) | Minimum Lot Area | Minimum Depth (in feet) | Minimum Width Each Side Yard (in feet) | Maximum Percentage of Lot Coverage | Maximum Height of Buildings (in feet) | ||
District | Front | Rear | |||||
"RC" | 250 | 3 acres | 60 | 60 | 50 | 10 | 35 |
"RZ" | See Section 1125.07 | ||||||
"S-1" | 200 | 2 acres | 60 | 60 | 50 | 20 | 35 |
"SR" | 150 | 1 acre | 50 | 50 | 50 | 30 | 35 |
"R-1" | 150 | 1 acre | 50 | 50 | 30 | 30 | 35 |
"R-2" | 125 | 30,000 sq. ft. | 40 | 40 | 30 | 40 | 35 |
"R-3" | 100 | 20,000 sq. ft. | 40 | 40 | 25 | 40 | 45 |
"MH" | See Section 1125.06 | ||||||
"B-1" | none | none | none | 20 | none | 50 | 45 |
"B-2" | 150 | 30,000 sq. ft. | 60 | 30 | none | 40 | 45 |
"M-1" | 200 | 1 acre | 50 | 40 | 30 | 40 | 45 |
"M-2" | 200 | 2 acres | 50 | 40 | 30 | 40 | 60 |
"M-3" | 200 | 1 acre | 50 | 50 | 30 | 40 | 60 |
(Ord. 99-2. Passed 3-1-99.)
1117.04 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES ABUTTING “R” DISTRICTS.
(a) Minimum Yard Requirements: Nonresidential buildings or uses shall not be located closer to any lot line of an "SR" or "R" District than the distance specified in the following schedule, except as provided in subsection (b) hereof.
Minimum Side or Rear Yard Abutting Any "R" District | Use |
25 feet | Off-street parking and loading spaces and access drives for nonresidential uses. |
50 feet | Churches, schools, and public or semipublic buildings. |
60 feet | Recreation facilities, entertainment facilities, motels, all business uses. |
80 feet | Outside sale or storage of automobiles, trucks, automobile service stations, recreation vehicles and equipment, building materials or construction equipment, bulk material, and all industrial districts. |
(b) Landscaping or Screening Provisions: For nonresidential uses abutting "SR" and "R" Districts the minimum yards may be reduced to fifty percent (50%) of the requirements stated in subsection (a) hereof if acceptable landscaping or screening approved by the Planning Commission is provided. Such screening shall be a masonry or solid fence between four and six feet in height, maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence shall consist of a marginal planting not less than fifteen feet (15') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height. Parking of automobiles for nonresidential uses may be permitted within ten feet (10') of the boundaries of "SR" and "R" Districts, provided screening is installed as specified herein subject to approval of a plan therefor by the Planning Commission.
(Ord. 99-2. Passed 3-1-99.)
1117.05 HEIGHT REGULATIONS FOR INSTITUTIONAL, OFFICES, INDUSTRIAL AND APARTMENT BUILDINGS AND STRUCTURES.
(a) Institutional, industrial and apartment buildings with a height in excess of the minimum height specified in Sections 1117.01 and 1117.03 for such buildings may be permitted provided the required front, side and rear yards are increased by one and one-half feet (1 1/2') for each foot of additional building height above the maximum specified in Sections 1117.01 and 1117.03, except that no building shall exceed a maximum height of sixty feet (60') without prior approval of the Planning Commission.
(b) The height of church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, silos and similar structures, elevator bulkheads, smokestacks, conveyors and flagpoles shall be subject to the approval of the Planning Commission. (Ord. 99-2. Passed 3-1-99.)
1117.06 EXISTING LOTS OF RECORD.
Any lot of record forty feet (40') or wider existing at the effective date of this Zoning Ordinance in any "R" District may be used for the erection of a single-family dwelling even though its area and width are less than the minimum requirement set forth herein. Each side yard shall be a minimum of five feet (5'). Where two adjacent lots of record with less than the required area and width are held by one owner, the Board may require that the lot be combined and used for one main building. In either case, the prevailing setback shall be met. Where three or more contiguous unimproved lots of record with less than the required area and width were in existence and held under one ownership at the effective date of this Zoning Ordinance the Board shall require replatting to fewer lots to permit compliance with minimum yard requirements.
(Ord. 99-2. Passed 3-1-99.)
1117.07 ARCHITECTURAL PROJECTIONS.
(a) The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other similar architectural features, provided that such features shall not project more than two feet (2') into any required yard.
(b) Covered and open sided structures such as porches, balconies, platforms, carports, and covered patios, and similar architectural projections shall be considered a part of the building to which attached and shall not project into the required minimum front, side or rear yard.
(Ord. 99-2. Passed 3-1-99.)
1117.08 SPECIAL YARD REQUIREMENTS.
(a) Lots having frontage on more than one street shall provide the required front yard along the major street and meet two-thirds of the setback requirement on the other street.
(b) No accessory buildings shall be located in any front or side yard except under unusual circumstances where such activity shall not conflict with the extent and purpose of this Zoning Ordinance; or, where enforcement shall result in extreme hardship. Either exception shall require approval of the Board. Accessory buildings such as garages may be located in the rear yard provided such buildings are set back at least two feet (2') from the side lot lines and two feet (2') from the rear lot lines.
(c) Where public sanitary sewer or public water supply is not available and cannot be reasonably made available, as determined by the Council, the dimensional requirements shall conform to all Fulton County and State of Ohio Department of Health requirements. Further, the installation of a non-public sewage disposal or water supply system, individual or collective, shall be in accordance with State of Ohio, Fulton County Board of Health and Village of Delta requirements. (Ord. 99-2. Passed 3-1-99.)
1117.09 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
In any district on any corner lot, no fence, structure or planting shall be erected or maintained within thirty feet (30') of the "corner" at a height between two and one-half (2 1/2) and ten feet ( 10') above curb or street grade, or so as to interfere with traffic visibility across the corner. The "corner" shall be the point of intersection of the two right-of-way lines.
(Ord. 99-2. Passed 3-1-99.)
1121.01 OFF-STREET PARKING REQUIREMENTS.
(a) General Requirements. In all districts, in connection with every industrial business, institutional, recreational, residential or other use, there shall be provided, at any time any building or structure is erected or is enlarged or increased in capacity, offstreet parking spaces for automobiles in accordance with the following requirements:
(1) Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet exclusive of access drives or aisles, and shall be of usable shape and condition.
(2) There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does abut on a public or private alley or easement of access, there shall be provided an access drive not less than eight feet (8') in width in the case of a dwelling, and not less than twenty feet (20') in width in all other cases, leading to the parking or storage or loading or unloading spaces required hereunder.
(b) Number of Spaces Required: The number of off-street parking spaces to be provided shall conform to the requirements specified in the following tabulation:
USE | PARKING SPACE REQUIRED |
Dwellings, including 1, 2, and 3 families, multiple dwellings and mobile homes. | Two for each dwelling unit |
Rooming or boarding house | One for each sleeping unit or suite |
Hotel or motel | Five parking spaces plus one parking space for each sleeping room or suite. These spaces shall be in addition to the parking spaces that shall be provided for any portion of the hotel that is used for office or business purposes. |
Private clubs or lodges | One for each five members |
Church or temple | One for each five seats in main auditorium |
School | One for each six seats in auditorium or main assembly room, or one for each classroom, and thirty additional spaces for administrative services and visitors |
Community center, library, museum or art gallery | Ten plus one additional for each three hundred square feet of floor area in excess of two thousand square feet |
Hospital, sanitarium, convalescent home, home for elderly or similar institution | One for each employee plus one additional space for each bed |
Offices, clinics, wholesale establishments, business services | One for every two hundred square feet of floor space |
Retail store, personal service establishment | One for each two hundred square feet of floor space and one for each two employees on the maximum working shift. |
Bowling alley | Five for each lane, plus one additional space for each one hundred square feet of area used for eating, drinking and other recreation |
Mortuary or funeral home | One for each fifty square feet of floor space in slumber rooms, parlors, or individual funeral service rooms |
Restaurants, nightclubs, cages or similar recreational or amusement establishments, dance halls, assembly or exhibition halls without fixed seats | One for each one hundred square feet of floor area |
Manufacturing, industrial or mining establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar other establishment | One for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith. |
(c) Interpretation: The following rules shall govern the determination of spaces required:
(1) "Floor Area" shall mean the gross floor area of the specified use.
(2) Fractional numbers shall be increased to the next whole number.
(3) The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.
(Ord. 99-2. Passed 3-1-99.)
1121.02 SPECIAL PARKING PROVISIONS.
Every parcel of land hereafter used as a public, commercial or private parking lot shall be developed and maintained in accordance with the following requirements.
(a) Screening and Landscaping: Off-street parking areas for more than ten vehicles shall be effectively screened on each side which adjoins or faces premises situated in any "RC", "SR" or "R" District, or institutional premises, by a fence of acceptable design. Such fence shall be not less than four feet (4') nor more than six feet in height and shall be maintained in good condition without any advertising thereof. The space between such wall or fence and the lot line of the adjoining premises in any "RC", "SR" or "R" District shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in good condition. In lieu of such wall, or fence, a strip of land not less than ten feet (10') in width, and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height, may be substituted.
(b) Minimum Distance and Setbacks: No part of any parking area for more than ten vehicles shall be closer than twenty (20') feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, unless separated by an acceptably designed screen. If on the same lot with a main building, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than ten (10') feet to any established street or right-of-way, nor closer than five (5') feet to any alley right-of-way. The wall or hedge required in subsection (a) hereof shall be set back from each street, the same as if it were a building wall, so as to observe the front yard requirements of this Zoning Ordinance.
(c) Joint Use: Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided that a written agreement, approved by the Law Director and accepted by the Board of Zoning Appeals shall be filed with the application for a zoning certificate.
(d) Other Locations: Parking spaces may be located on a lot within three hundred feet (300'), other than that containing the principal use with the approval of the Board, provided a written agreement, approved by the Law Director and accepted by the Board, shall be filed with the application for a zoning certificate.
(e) Surfacing: Any off-street parking area for more than ten vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
(f) Lighting: Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any "R" District.
(g) Disabled Vehicles: The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited except that such vehicle may be stored in an enclosed garage or other accessory building provided that no business shall be conducted in connection therewith while such vehicle is parked or stored. (Ord. 99-2. Passed 3-1-99.)
1121.03 OFF-STREET LOADING REQUIREMENTS.
(a) In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or less, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, dry cleaning or other uses similarly requiring the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space; plus one additional such loading space for each additional twenty thousand (20,000) square feet or major fraction thereof of gross floor area when required because of the volume of receipt or distribution by vehicle of material or merchandise.
(b) Each loading space shall be ample to accommodate the largest vehicle anticipated.
(c) Subject to the limitations in Section 1117.04(a), the loading space may occupy all or any part of any required yard or court space.
(d) No loading space shall be located closer than fifty feet (50') to any other lot in any "S", "RC", or "R" District, unless enclosed by a wall or fence not less than six feet (6') in height.
(Ord. 99-2. Passed 3-1-99.)
1125.01 PARKING OF RECREATION VEHICLES AND EQUIPMENT.
Parking of a pickup camper or motorized home in any residential district for seventy-two hours or longer shall be prohibited except when stored in an enclosed garage or other accessory building. The parking of small utility, boat or vacation trailer shall be permitted in any district provided it is parked in the rear yard wherever practicable. Where conditions preclude parking of such trailers in rear yards the Zoning Administrator may permit parking of the trailers in side or front yards subject to such conditions as are deemed appropriate by the Zoning Administrator.
(Ord. 99-2. Passed 3-1-99.)
1125.02 SWIMMING POOLS.
(a) Private Swimming Pools. A private swimming pool, not including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half (1-1/2) feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any "B", "RC", "SR", or "R" District except as an accessory use unless it complies with the following conditions and requirements.
(1) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) The swimming pool shall not be closer than ten feet (10') to any property line of the property on which located.
(3) The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by any person from the street or from adjacent properties. Said fence or wall to be not less than five feet (5') in height and maintained in good condition, with a gate and lock.
(b) Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred feet (100') to any property line of the property on which located.
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by any person from the street or adjacent properties. The said fence or wall shall not be less than six feet (6') in height and maintained in good condition.
(Ord. 99-2. Passed 3-1-99.)
1125.03 FENCES, WALLS, AND PLANTING SCREENS.
(a) Intent. The intent of this section is to promote and protect the public health, safety and welfare by regulating the manner and location of fence installations in the Village of Delta.
(b) Scope. This section shall apply to all districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this Zoning Code.
(c) Fence Types.
(1) Barbed wire fences: A fence made with metal wire having sharp points or barbs along its length.
(2) Chain link fence: A fence usually made of metal consisting of loops or wire interconnected in a series of joined links.
(3) Line fence: Any fence erected along the line dividing a lot or parcel of land from a public street or right-of-way.
(4) Ornamental: Any fence which is intended to serve as a decoration rather than a barrier.
(5) Privacy fence: Any fence made to inhibit public view and provide seclusion.
(6) Security fence: A fence usually of chain link construction and designed to prohibit access to the premises.
(7) Partition fence: Any fence located along the line dividing two lots or parcels of land, whether subject to an easement or not; or along the line dividing a lot or parcel of land from a platted public alley.
(d) Permitted Uses In Residential Districts. Fences shall be permitted in required yards as follows:
(1) Ornamental fences:
A. Front Yards: Ornamental fences may be erected in front yards parallel to the building to a height not exceeding three feet (3') above the finished grade and/or approximately on, the common property line.
B. Side and Rear Yards: Ornamental fences may be erected in side and rear yards parallel to and on, or approximately on, the common property line to a height of not more than six feet (6').
(2) Chain link fences: Such fences may be erected to and on, or approximately on, the common property line to a height not exceeding six feet (6') above the finished grade in the rear and side yard and three (3') feet above the finished grade in the front yard.
(3) Privacy fences: Shall be permitted only in rear and side yards. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding eight feet (8') above the finished grade.
(4) Shrubbery and hedge: Same as ornamental fences.
(e) Permitted Uses - Commercial and Industrial Districts. Fences shall be permitted in required yards as follows:
(1) All permitted fences in Residential Districts.
(2) Chain Link Fences.
A. Commercial Districts. Shall be permitted in any required yard. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding six feet (6') above the finished grade.
B. Industrial Districts. Shall be permitted in any required yard. Such fences may be erected parallel to and on, or approximately on, the common property line to a height not exceeding ten feet (10') above the finished grade.
(f) General - All Districts. To prevent a visual obstruction, any fence within ten feet (10') in any direction from a point where any driveway, either on the fence owner's lot or the adjoining lot, intersects with the sidewalk, the fence shall have a minimum of seventy-five percent (75%) open area.
(g) Restricted Fences - All Districts. All fences of any type of description shall conform to the following regulations:
(1) Fences which are not specifically required under the regulations for the individual zoning districts, shall conform to the following requirements:
A. No fence shall hereafter be erected, along the line dividing lots or parcels of land or located within any required side or rear yard in excess of six feet (6'), or less than three feet (3') in height above the grade of the surrounding land. No fence may be located in required front yard in excess of three feet (3') in height.
B. All fences, hereafter erected shall be of an ornamental nature. Spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in fences are prohibited. The top and bottom of all chain link fences on or adjacent to residential areas shall be knuckled to eliminate sharp points. Barbed wire shall be allowed on top of six foot (6') chain link fences located behind the front face of the building or behind the setback line whichever is greater in commercial and industrial districts with the exception of lots or lands or real estate for residential purposes in such districts. Barbed wire cradles may be placed on top of fences enclosing public utility buildings, or wherever deemed necessary in the interest of public safety in all districts, upon application to and approved by the Delta Board of Zoning Appeals.
(2) No fence, wall, structure or planting shall be erected, established or maintained on any corner lot which will obstruct the view of the driver of a vehicle approaching the intersection, excepting that shade trees shall be permitted where all branches are at least eight feet (8') above the road level. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street property lines extended. This shall not prohibit the establishment of shrubbery thirty inches (30") or less in height.
(h) Encroachment on Public Property. The encroachment of fences on public property is prohibited.
(i) The Planning Commission may permit other fences which are similar in character and design to one or more of the fences permitted by this Zoning Code.
(j) Corner Lots. No fence, wall, structure or planting shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, excepting that shade trees shall be permitted where all branches are at least eight feet (8') above the road level. Such unobstructed corners shall mean a triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street lines or in the case of a rounded property corner from the intersection of the street property extended. This shall not prohibit the establishment of shrubbery thirty inches (30") or less in height. No privacy or rear yard fence shall be located closer than five feet (5') from the public right-of-way or sidewalk.
(k) Maintenance. All permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained at all times. Any such fences permitted on the property line shall be designed, constructed and finished so that the support members thereof shall face the property of the owner of the fence.
(l) Permits. No fence shall hereafter be erected or altered without first obtaining a permit therefor from the Zoning Administrator. Application shall include a sketch of the property showing location of proposed fence and a description of the type and height of such fence, as well as all other information which may be required by the Administrator in order that he may determine whether the construction of such fence complies with this Zoning Code and any other ordinances or codes.
(m) Inspection. It shall be the duty of each property owner to determine and identify to the satisfaction of the Zoning Administrator property lines, to ascertain that the fence thus constructed does not deviate from the plans as approved by the Administrator issuing permits and that such fence does not encroach upon another lot or parcel of land. The Village shall furnish such inspection as is deemed necessary to determine that such fence is constructed in accordance with plans submitted for permit; provided, however, that the issuance of such permit by the Village shall not be construed to mean the Village has determined such fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him.
(Ord. 99-2. Passed 3-1-99.)
1125.04 CONVERSION OF DWELLINGS.
(a) In an "R" District where duplexes and multi-family units are permitted a residence may be converted to accommodate an increased number of dwelling units provided:
(1) If the building is to be altered on the outside, the yards shall not be reduced to less than the yard dimensions required by the zoning regulations for new structures in that district.
(2) The lot area per family is equal to the lot area requirements for new multifamily structures in that district.
(3) The number of square feet of living area per family unit is not less than that which is required for new construction in that district.
(Ord. 99-2. Passed 3-1-99.)
1125.05 HOME OCCUPATIONS.
(a) Statement of Purpose. It is the intent of this section to eliminate as home occupations all uses except those that conform to the standards set forth in this section. The standards for home occupations in this section are intended to insure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental statue in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use qualifies as a home occupation.
(b) Definitions. A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit, and where no persons are employed other than the resident and domestic help. The use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part. There shall be no outside storage of any kind; and any indoor storage, construction, alteration, or electrical or mechanical equipment used shall not change the fire rating of the structure or the fire district in which the structure is located. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. It shall not cause an increase in the use of one or more utilities (water, sewer, electricity, telephone, or garbage) so that the combined total use for dwelling and home occupation purposes of the one or more utilities exceeds the average for residences in the neighborhood. When a use is a home occupation, it means the owner, lessee, or other persons who have a legal right to use the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. However, such person shall be subject to all conditions which are applied in this Zoning Code.
(c) Necessary Conditions. Home occupations are permitted accessory uses in residential zones only as long as all the following conditions are observed:
(1) Such occupation shall be conducted solely by resident occupants in their residence.
(2) No more than one room or twenty-five percent (25%) of the gross area of one floor of said residence, whichever is less, shall be used for such purpose. Use of accessory buildings for these purposes is prohibited.
(3) No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.
(4) No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for dwelling and home occupation proposed exceeds the average for residences in the neighborhood.
(5) There shall be no outside storage of any kind related to no more than one additional vehicle at a time.
(6) The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.
(7) No use shall create noise, dust, vibration, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(d) Nameplate Allowed. Only one nameplate shall be allowed. It may display the names of the occupant and/or the name of the home occupation (e.g. John Jones, Realtor). It shall not exceed four (4) square feet in area, shall be non-illuminated, and attached flat to the main structure or visible through a window. The limitation of one nameplate is intended to apply to all lots, including corner lots. No signs are permitted in the yard area.
(e) Permitted Home Occupations. Home occupations include, but are not necessarily limited to, the following:
(1) Artists and sculptors;
(2) Authors and composers;
(3) Dressmakers, seamstresses, and tailors;
(4) Family day care home, limited to not more than five children;
(5) Home crafts, such as model making, rug weaving, lapidary work, and cabinet making;
(6) Office facility of a minister, rabbi, or priest;
(7) Office facility of a salesman, sales representative, or manufacturer’s representative, provided that no retail or wholesale transactions are made on the premises;
(8) Office facility of an architect, artist, broker, dentist, physician, engineer, instruction in arts and crafts, insurance agent, land surveyor, lawyer, musician, or real estate agent;
(9) The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient;
(10) Bakers and caterers where food is prepared but not served on site;
(11) Single chair beauty or barber shops where the operator resides at the residence;
(12) Computer operations where the residents can conduct their work at home and not at a place of business; and
(13) All other home occupations as permitted by the Planning Commission.
(f) Home Occupations Not Permitted. Permitted home occupations shall not in any event be deemed to include the following:
(1) Antique Shop, unless specifically allowed as a conditional use;
(2) Barbershop or beauty shop, consisting of more than one chair;
(3) Funeral chapel or funeral home;
(4) Gift shop;
(5) Medical or dental clinic or hospital;
(6) Renting of trailers;
(7) Animal hospitals;
(8) Dancing schools;
(9) Nursery schools;
(10) Private clubs;
(11) Auto repair shops; and
(12) Repair shops or service establishments except the repair of electrical appliances, typewriters, cameras, computers, or other similar small items.
(g) Home Occupation Permit. The Zoning Administrator shall require a permit as set forth in this section.
(1) The Zoning Administrator shall review all applications for appropriateness before a permit is issued.
(2) The Zoning Administrator may establish other requirements as necessary under each individual proposed use.
(3) A change in said ownership shall nullify the-Home Occupation Permit.
(4) If the home occupation is not listed as a permitted use in this section, the Planning Commission shall determine if such use would be permitted as a home occupation. (Ord. 99-2. Passed 3-1-99.)
1125.06 MANUFACTURED HOME PARK DISTRICT.
(a) Purpose. The purpose of the "MH", Manufactured Home Park District, is to encourage a suitable environment for persons and families that by preference choose to live in manufactured homes rather than a conventional site built single-family structure. In keeping with the occupancy characteristics of contemporary manufactured homes, this section establishes low density standards and permitted uses that reflect the needs of residents in the district. Development is limited to manufactured homes when located in a manufactured home park on rental lots. No trailer, camper, or similar portable residence structures shall be permitted to locate in the Village for occupancy purposes. Mobile homes are allowed only in established Mobile Home Parks.
(b) Principal Permitted Uses. The following provisions apply to all "MH", Manufactured Home Park Districts. Any use not expressly permitted is prohibited.
(1) Single and multi-sectional manufactured homes.
(2) Mobile homes shall not be located outside a manufactured home park district.
(3) Accessory uses and buildings customarily incidental to the above permitted uses.
(c) Requirements. Manufactured home parks shall meet the requirements of Chapter 3701-27 of the Ohio Administrative Code adopted by the Public Health Council under the authority of Ohio Revised Code 3733.02 and shall also be subject to the following requirements:
(1) Contain a minimum of four acres.
(2) Greenbelt. The park shall have a greenbelt twenty feet (20') in width at its rear and sides. The greenbelt shall be forty feet (40') at the front of the manufactured home park. The greenbelt shall be measured from the nearest edge of the road right-of-way to the line of the closest manufactured home site.
(3) Recreation. A minimum of ten percent (10%) of the total park should be left in open space developed for recreation purposes. Such developed area shall not include roads, sidewalks or lands under water or having excessive grades and shall be so graded and developed as to have adequate drainage and usability by residents of the park.
(4) Site dimensions. Each single section manufactured home shall have its own home site which shall be at least forty feet (40') wide and ninety feet (90') in depth, a minimum of three thousand six hundred (3,600) square feet in area.
(5) Site placement. Manufactured homes shall be at least twenty feet (20') from the rear and side of the nearest manufactured home and fifteen feet (15') from the end and side of the nearest manufactured home, and shall be placed at least ten feet (10') from the pavement of the access drive.
(6) Access. All manufactured home parks shall have access to a paved major thoroughfare. The proposed site shall have at least one property line abutting a major thoroughfare, a thoroughfare of at least sixty feet (60') of right-of-way existing or proposed. All ingress and egress to the site shall be directly from a major thoroughfare.
(7) Vehicle travel lanes. All roadways and driveways shall be hard surfaced and so constructed as to handle all anticipated peak loads, adequately drained and lighted for safety and ease of movement of vehicles. The local roadway system shall be so designated as to prevent the use of such roadways for through traffic. The width of all travel lanes shall be no less than twenty feet (20').
(8) Storm drainage facilities. Shall be so constructed as to protect those that will reside in the manufactured home park, as well as the property owners adjacent to the park. Such park facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park.
(9) Fuel oil and gas storage. Shall be centrally located in underground tanks, at a distance away from any manufactured home lot found to be safe. All fuel lines leading to manufactured home lots shall be underground and so designed as to conform with the State Code that is found to be applicable.
(d) Site Plan Review. A site plan must be submitted to the Planning Commission showing all buildings, parking areas, manufactured home sites, and landscaping at a scale sufficient to permit study of all elements of the plan. Typical elevations and floor plans of any buildings must also be provided. In addition, the proposed site plan of the development shall show all adjacent properties, including existing buildings, located within two-hundred feet (200') of the proposed site in the same block. The plans shall meet the required standards and design and indicate no adverse effects which cause injury to adjoining property of the Village as a whole. Plans so approved shall regulate the development of said premises, unless modified in the same manner as the plans were originally approved. Such review is necessary to secure proper relationships between parking areas, access drives, abutting public thoroughfares, landscaping, building, siting and open space. (Ord. 99-2. Passed 3-1-99.)
1125.07 “RZ” ZERO LOT LINE OVERLAY DISTRICT.
(a) Zero Lot Line Overlay District. The Zero Lot Line Overlay District, which shall be referred to as "RZ", is hereby created as an overlay district to be applied to designated residential areas which can accommodate the zero lot line concept. Those areas are designated on the Official Zoning Map of the Village of Delta. The Zero Lot Line concept is permitted in P.U.D. Districts and shall adhere to the P.U.D. District's Regulations.
(b) Zero Lot Line Development. A zero lot line development for one-family dwellings only may be permitted in the residential districts if approved by the Planning Commission. All applications for zero lot line development shall comply with the following applicable development parameters:
(1) Use permitted. Detached one-family dwellings on individually platted lots, including every customary accessory use not inconsistent therewith, shall be permitted. Fencing, walls, trellises, and other similar uses can be used as connecting elements between one-family dwellings on adjacent lots subject to site plan review. Garages, carports, and utility storage structures shall be permitted accessory uses.
(2) Lot size. The minimum lot size shall be the same as the existing districts unless approved by the Planning Commission.
(3) Dwelling unit setback.
A. Interior Side Yard - The dwelling unit shall be placed on one interior side property line with a zero setback and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10') excluding the connecting elements such as fences, walls, and trellises. Patios, pools, garden features and other similar elements shall be permitted within the ten foot (10') setback area, provided however, no structure, with the exception of fences or walls shall be placed within easements.
B. Front and Rear Setback - All dwelling structures shall follow the . setback requirements of the district.
C. Accessory buildings shall observe setback requirements as otherwise provided in this Zoning Ordinance.
(4) Building heights. The maximum building heights shall not exceed two stories or-twenty-four feet (24') in height.
(5) Maximum lot coverage permitted. The total lot coverage permitted for all buildings on the site shall not exceed seventy percent (70%) of the lot area.
(6) Street frontage. Each lot shall have a clear, direct frontage on public streets or to access ways complying with private street requirements.
(7) Opening prohibited on the zero lot line side. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units, or any other type of opening, provided, however, that atriums or courts shall be permitted on the zero lot line side when the court or atrium is enclosed by three walls of the dwelling unit, and a solid wall of at least eight feet (8') in heigllt is provided on the zero lot line. Said wall shall be constructed of the same material as exterior wall of the units.
(8) Utilities. Electrical, plumbing, heating, air conditioning and sewer systems for each dwelling unit shall be separate and independent of such system for each other dwelling unit.
(9) Platting Requirements. Each dwelling shall be located on its own individual platted lot. If areas for common use of occupants of the development are shown on the plat, satisfactory arrangements shall be made for the maintenance of the common open space and facilities as provided below. The plat shall also indicate the zero lot lines and easements appurtenant thereto.
A. The owners of all lots on which such building is located shall be jointly and severally responsible for the maintenance and repair of the building's footing, slab foundation, roof sheathing, roofing, common walls, exterior walls, and any other common portion of the building.
B. The costs for such maintenance and repair shall be shared equally by the owners of the lots on which the building is located.
C. The deed description shall contain provisions providing the manner in which decisions concerning such maintenance and repair and their payments shall be decided.
D. The owners of each such lot shall have a right of access to each other lot for the purpose of affecting such maintenance and repair.
(Ord. 99-2. Passed 3-1-99.)
1129.01 REGULATION OF SIGNS.
(a) Purpose; Objectives.
(1) It is the purpose of this section to promote the public health, safety and welfare by establishing reasonable regulations governing the size, character and structural integrity of existing and proposed signs, billboards and other advertising structures within the Village.
(2) Specifically, this section is designed to accomplish the following objectives:
A. Reduce sign advertising distraction and obstructions that may contribute to traffic accidents, and reduce hazards that may be caused by signs adjacent to, overhanging or projecting over the public right-of-way;
B. Provide regulations which permit signs and other advertising structures of sufficient size, character and location to fulfill the users' communicative needs while prohibiting excessive structures and sign competition to depreciate the value of the street view of adjacent properties;
C. Protect the public safety by establishing performance standards for the structural members of signs or other advertising structures that will reduce the risk of fire, collapse or fragmentation; and
D. Protect the public safety by providing a mechanism for the inspection and removal of signs or the advertising structures which have become unsafe through inadequate installation or maintenance.
(b) Definitions.
(2) “Sign” means an 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, designs, symbols, fixtures, colors, illumination or projected images.
(3) “Sign area” means the entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.
(4) “Billboard” 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 in located.
(5) “Bulletin board” means a sign which identifies an institution or organization on the premises of which it is located and which contains the names of individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.
(6) “Business signs” means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.
(7) “Construction sign” means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
(8) “Directional sign” means signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way", "entrance", and "exit".
(9) “Face of sign” means the area or display surface used for the message.
(10) “Flashing sign” means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
(11) “Free standing sign” means a sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.
(12) “Governmental sign” means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulations.
(13) “Identification sign” means a sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
(14) “Illuminated sign” means a sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed towards the sign.
(15) “Name plate” means a sign located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
(16) “Pole sign” means a sign that is mounted on a free standing pole or other support so that the bottom edge of the sign face is ten feet (10') or more above the grade.
(17) “Portable sign” means any sign not permanently affixed to the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the express purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.
(18) “Projecting sign” means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve inches (12") from such building.
(19) “Real estate sign” means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
(20) “Roof sign” means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.
(21) “Wall sign” means a sign fastened to or painted on the wall of a building or structure in such manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve inches (12") from such building or structure.
(22) “Window sign” means a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.
(23) “Awning, canopy or marquee” means a sign painted, stamped, perforated or stitched or otherwise applied on the balance of an awning.
(24) “Off-premises sign” means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located.
(25) “On-premises sign” means a sign that draws attention to or communicates information about a business, service commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
(c) General Provisions.
(1) The display of official public notices, such as the flag, emblem or insignia of any official governmental body shall not be governed by the provisions of these regulations.
(2) No sign shall be placed on or above any public right-of-way except publicly owned signs, such as traffic control signs and directional signs.
(3) No flashing signs shall be permitted. Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets. Signs shall not be illuminated so as to cause glare which could prove hazardous to pedestrians or drivers of motor vehicles.
(4) Banners, flags, pennants, search light, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas-filled figures shall not be used on a permanent basis more than one week in a one year period.
(5) The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way located on the walls of buildings, barns, sheds; on trees, poles, fences or other structures, is prohibited unless otherwise permitted by this section.
(6) No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electroiler, hydrants, bridge, tree or other surface located on public property or over or across any street or public thoroughfare, unless expressly authorized by provisions of this section.
(7) Billboards and portable signs shall not be permitted in any zoning district, except as a conditional use where permitted in B & M Districts. Temporary free standing signs, such as, but not limited to “A” frame or trailer-based signs, shall be permitted in business districts for up to thirty days from the date of opening of new businesses, provided that they do not constitute a traffic hazard or violate any other section of the Delta Zoning Code.
(d) Abandoned Signs. Except as otherwise provided in this section any sign that is located on property which becomes vacant and is unoccupied for a period of thirty days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business, shall not be deemed abandoned unless the property remains vacant for a period of three months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
(e) Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.
(f) Nonconforming Signs.
(1) Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this section may continue to be used until they are otherwise removed for any reason.
(2) No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. No nonconforming sign may be illuminated.
(3) A nonconforming sign may be moved or replaced in order to bring the nonconforming sign into complete conformity with this section.
(4) If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.
(5) The measure of a nonconforming sign may be changed so long as this does not create a different violation of this chapter (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).
(6) Subject to the other provisions of this section, nonconforming signs may be repaired and/or renovated provided the cost of such work performed within any twelve month period does not exceed fifty percent (50%) of the tax value as listed in the office of the Auditor of Fulton County, Ohio, for such sign.
(7) If a nonconforming sign, other than billboard advertising a business, service commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty days after such abandonment by the sign owner, owner of the property where the sign is located, or other party having control over such sign.
(8) If a nonconforming billboard remains blank for a continuous period of 180 days, that billboard shall be deemed abandoned and shall, within thirty days after such abandonment be altered to comply with this section or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if:
A. It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted; or
B. The advertising message it displays becomes illegal in whole or substantial part; or
C. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.
(g) Setback and Height.
(1) All signs shall be located ten feet (10') behind the established right-of-way line of any street or highway.
(2) Signs and advertising structures where permitted shall be erected or placed in conformity with the side and rear yard setback requirements of the district in which located except no sign or advertising structure shall be erected or placed closer than within fifty feet (50') to a side or rear lot line in any "R" District.
(3) No sign otherwise permitted shall exceed the maximum height limitations of the zoning district in which located.
(h) Residential. Signs in residential areas are prohibited, except as follows:
(1) Signs not exceeding 25" x 32" in area that are customarily associated with residential use and that are not of a commercial nature, such as signs giving property identification, names or numbers or name of occupants, signs or mailboxes or newspaper tubes and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.
(2) Church bulletin boards, church identification signs and church directional signs that do not exceed one per abutting street and thirty-five (35) square feet in area.
(3) Signs at any entrance to a residential subdivision or multi-family development. There may be not more than two signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen (16) square feet, nor may the total surface area of all such signs located at a single entrance exceed thirty-five (35) square feet.
(4) Signs advertising real estate for sale, rent or lease are permitted in all districts when located on the building or land intended to be sold, rented or leased, provided they are used only during the construction of a building or buildings or the offering for sale, rent or lease of real estate. Temporary subdivision signs not exceeding one hundred (100) square feet in area may be permitted subject to their approval by the Board of Zoning Appeals for a twelve month period, subject to renewal, providing such signs conform to the conditions established by the Board of Zoning Appeals.
(5) For permitted principal uses other than dwellings and for conditionally permitted uses, one bulletin or announcement board not exceeding thirty five (35) square feet in area upon the premises wherein a building is properly used other than as a dwelling either through nonconforming use or a conditionally permitted use. Signs so permitted shall not be located nearer to the front lot line than one-half the required front yard setback nor nearer the side lot line than the required side yard setback.
(6) In a Multiple-Family Residential District, one ground or wall sign indicating the name of the multiple housing development which shall be in addition to individual dwelling name plates. Such signs shall not exceed thirty-five (35) square feet in area.
(i) Commercial and Industrial Signs.
(1) All signs shall comply with the appropriate detailed provisions of the Ohio Basic Building Code relating to design, structural members and connections. Signs shall also comply with the provisions of the applicable Electrical Code and any other additional construction standards hereinafter set forth.
(2) No temporary or permanent signage shall be permitted to be placed off- premises.
(3) In the case of a corner lot situated on two or more streets, signs may be permitted on each street.
(4) Only one ground or pole sign shall be permitted on any lot, except that a shopping center shall be permitted one ground pole sign for each major thoroughfare frontage, provided, however, there shall be allowed one business or identification sign not exceeding one foot by four feet and attached to the pole sign for each business within the shopping center.
(5) Each business occupancy, other than the ground floor, shall be entitled to one additional business or identification sign of the wall or flat type or incorporated within a permitted projecting sign.
(j) Permitted Signs and Restrictions by Structural Type.
(1) Wall signs.
A. Wall signs which are mounted on the principal frontage of a building may be only on-premises signs.
B. The maximum projection from the building facade of any wall sign which is set less than ten feet (10') above the adjacent sidewalk or street grade is nine inches. Wall signs mounted with a minimum clearance of ten feet above the adjacent sidewalk, or fourteen feet (14') above a driveway on which it projects, may project up to twelve inches (12') from the facade on which it is mounted. The minimum distance of wall mounted signs from an adjacent store front is two feet (2').
C. No part of any wall sign shall extend beyond the roof line of the building on which it is erected or painted.
D. The maximum sign area in square feet for a wall sign may be calculated by multiplying the linear foot frontage of the principal facade of the building by 1.5 square feet. If the building has a secondary frontage, a second sign of equal area may be placed thereon.
(2) Canopy signs, above canopy signs, pendant signs.
A. Canopy signs which are mounted on top of canopy structures attached to the building may be only on-premises signs, whether on the principal or secondary frontage.
B. The canopy to which the sign is attached may not project closer than one foot to the curb line of the adjacent sidewalk or walkway. If the canopy projects over a driveway or other area used by vehicles, the minimum vertical clearance of the lowest portion of the canopy shall be fourteen feet (14'). The minimum vertical clearance of the lowest portion of the canopy above the sidewalk grade is ten feet (10'). No part of any above canopy mounted sign shall project forward of the canopy's front horizontal support.
C. No above canopy mounted sign shall extend above the roof line of the building to which it attached.
D. The maximum sign area in square feet for any canopy sign may be calculated by multiplying the linear foot frontage of the principal facade of the building by 1.5 square feet. If the building has a secondary frontage, a second sign of equal area may be placed thereon.
E. Pendant signs or those which hang below canopies shall be mounted so as to remain rigid in their position. Pendant signs shall be mounted only within the confines of the frontage of the building they advertise. There shall be a minimum vertical clearance of nine feet (9') measured from the lowest portion of the sign to the sidewalk grade immediately below where the sign is attached.
(3) Projecting signs.
A. Projecting signs may be constructed only on the premises advertised or where the goods and services they advertise are available. Only one projecting sign may be erected on each building facade which faces a public right-of-way.
B. The minimum clearance above the sidewalk of the lowest horizontal surface or point on the sign, including structural trim shall be ten feet (10'). If the projecting sign overhangs a driveway or other area used by vehicles, the minimum clearance above grade shall be fourteen feet (14').
C. No projecting sign shall extend from the facade or corner of a building to the extent that its farthest extension is closer than two (2) linear feet from any point along the curb line. The maximum projection permitted is limited to one inch (1") for each linear foot of building frontage, but in no case more than six feet (6'). No part of any projecting sign may extend above the roof line of the structure to which it is attached.
(4) Marquee signs.
A. Marquee signs are a form of projection signs, with special regulations as set forth in this subsection.
B. Marquee signs shall be subject to the requirements applicable to projecting signs, except that marquees, regardless of the frontage of the principal structure on which they are erected, may project from the building facade up to, but no closer than two (2) linear feet from any point along the curb line of the adjacent sidewalk.
C. The maximum length of a marquee's longest dimension parallel to the building frontage shall be calculated by multiplying the linear length of the building frontage by one-half.
D. The maximum sign area permitted for the front and side areas of a marquee shall be determined by multiplying five (5) square feet by the linear distance around the perimeter of the base formed by the marquee's three exposed sides.
(5) Ground signs.
A. Ground signs shall be permitted only on-premises, that is, on the premises they advertise or on the premises of their owner.
B. Where the premises have frontage on more than one public right-of- way, one ground sign shall be permitted for each street frontage.
C. Ground signs shall not exceed five feet in height. Ground signs shall have a linear width not greater than the sum of the linear frontage on which the sign is to be placed multiplied by 1.5.
D. The setback for ground signs shall be a minimum of ten feet (10') from the existing right-of-way line for streets. No part of any ground signs shall be located closer than five feet (5') to any point at which any private road or driveway intersects a public right-of- way.
E. The groundscape around the base of ground signs shall be kept clean of noxious weeds and litter by the owner of the property on which the sign is located.
(6) Free-standing signs.
A. Free-standing signs may be on-premises, placed in zones where they are otherwise permissible.
B. One on-premises sign may be erected along each right-of-way on which the premises have street frontage.
C. If the erection of free-standing signs is permitted in a zoning district, the minimum spacing interval required between each free- standing sign, or any part thereof, facing in the same direction on the same right-of-way is one hundred fifty feet (150'). A minimum spacing of one hundred feet (100') shall be required between free- standing signs on the same right-of-way facing in opposite directions.
D. No free-standing sign or any part thereof may encroach on the public right-of-way.
E. The setback for a free-standing sign shall be a minimum of ten feet (10') from the existing right-of-way line. No part of any freestanding sign shall be located closer than ten feet (10') to any point at which any private road or driveway intersects the public right-of-way.
(7) Pole sign.
A. Pole signs are a form of free-standing mounted on one or more poles with the base of the sign structural trim a minimum of ten feet (10') above the adjacent sidewalk or street grade. Signs of a similar structural type which are elevated below the minimum clearance, and not otherwise classified as billboards, shall be regulated as ground signs.
B. The maximum height for pole signs is determined by the district regulation, and its maximum length on any horizontal or vertical side is twenty feet (20').
C. The maximum sign area for the face of a pole sign shall be related to the right-of-way frontage on which it is placed. The maximum sign area shall be determined by multiplying the linear front footage on which the sign is placed by one and one-half (1.5) square feet, but in no case may the sign area of a pole sign exceed two hundred fifty (250) square feet. Single or double facing may be placed on pole signs up to the maximum sign area permitted on the premises for each face of the sign. If the pole sign is a multi-prism sign having more than two sides, the total sign area shall be distributed over the multiple sign faces.
(8) Roof signs.
A. Roof signs which are fabricated and attached as independent accessory structures to the roof, and which protrude perpendicular from the surface of the roof more than twelve inches (12") and interfere with aerial and roof fire-fighting efforts of the Fire Department are hereby prohibited as a public nuisance.
B. Permitted roof signs, whether painted or attached as independent accessory structures consistent with the constraints of subsection (j)(8)A. hereof, shall be permitted to a maximum sign area of 1.5 square feet for each linear foot measured along the base of the roof on which the sign faces. (Ord. 99-2. Passed 3-1-99.)
1129.02 TEMPORARY BUILDINGS.
Temporary buildings and construction trailers used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work or upon six months. (Ord. 99-2. Passed 3-1-99.)
1129.03 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
(a) The open storage and display of material and equipment incident to permitted or conditional uses in "B", "M", or"RC" Districts shall be permitted, provided the area used for open storage and display shall be effectively screened from all adjoining properties in any "SR" or "R" District by means of walls, fences or plantings. Walls or fences shall be a minimum of five feet (5') in height without advertising thereon. In lieu of such wall or fence a strip of land not less than ten feet (10') in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than five feet (5') in height at the time of planting may be substituted.
(b) The temporary open storage of contractor's equipment and material shall be permitted on the site upon which buildings or structures are being erected or installed for the duration of the construction period. Storage of such equipment and material beyond the date of completion of the project shall be subject to a special permit authorized by the Board of Zoning Appeals. (Ord. 99-2. Passed 3-1-99.)
1129.04 MINERAL, CLAY, SAND, GRAVEL, AND TOPSOIL EXTRACTION STORAGE AND PROCESSING.
(a) Excavation, stripping, quarrying and processing operations employed in the extraction of minerals, clay, sand, gravel and topsoil shall be conducted in such a manner as to eliminate as far as practicable, noise, vibration, or dust which would injure or annoy persons living or working in the vicinity of the operations. Access ways or roads within the premises shall be maintained in a dust free condition through surfacing or such other treatment as may be necessary.
(b) Excavation for extraction purposes shall be located at least one hundred feet (100') from a street right-of-way line and the property lines bounding the extraction area. Stripping of topsoil shall not be conducted closer than one hundred feet (100') to any residential property district. Plants or equipment for processing of extracted materials or other approved ancillary operations shall not be located nearer than three hundred feet (300') to any residential property or district.
(c) Rehabilitation Plan. Extraction shall be permitted only from areas for which there is a rehabilitation plan approved by the Council. Rehabilitation plans shall include the following:
(1) A grading plan showing existing contours for the extraction area and proposed future contours showing the manner in which the area is to be restored. Plans shall be drawn to an appropriate scale with contour lines at intervals of five feet (5') or less.
(2) Spoil banks shall be graded to a level compatible with the terrain.
(3) All banks and extracted areas shall be surfaced with a suitable soil cover, except exposed rock surfaces and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until soil is stabilized.
(4) Upon completion of extraction operations the area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide drainage without excessive soil erosion.
(5) All equipment, buildings and structures for which no future use is contemplated and which no other acceptable use is practicable or feasible, shall be removed within three months of the completion of extraction operations. (Ord. 99-2. Passed 3-1-99.)
1133.01 PLANNED UNIT DEVELOPMENT (PUD).
(a) Purpose. The purpose of the Planned Unit Development (PUD) is to provide a means of development that is flexible and innovative when development of a site by standard, more rigid, conventional zoning district regulations may produce less efficient use of the land and less amenities and benefits for the community and users of the development. Development under planned unit development provisions provides a means of encouraging ingenuity, imagination and flexibility on the part of land owner, engineers, architects, site planners and developers in the planning and design of land areas. It is not the intent of the planned unit development provisions to allow applicants to circumvent the intent of this Zoning Code or to allow development of land not in conformance with the Land Use Plan.
(b) Description. The Planned Unit Development may be residential, commercial, or industrial developments or a combination commercial/industrial uses. Each district shall have at a minimum the following net acreage: residential - 2 acres, commercial - 5 acres, industrial - 25 acres, and a combination commercial/industrial - 30 acres. The Planning Commission shall review and find that the combination of uses meets the standards set forth in Section 1113.01.
(c) Zoning Applications Procedure. The Planned Unit Development shall be submitted to the Administrator and processed pursuant to subsection (c) hereof. The applicant shall submit a "Request for P.U.D. Designation" application with five copies of the development plan. The application shall include the following:
(1) General information.
A. Name, address and phone number of the applicant;
B. Name and address of registered surveyor, engineer and/or landscape architect who prepared the plan;
C. Legal description of the property;
D. Present use of the property;
E. Conceptual overview of the development;
F. Proposed provision of utilities;
G. Proposed ownership and maintenance of common open space; and
H. Anticipated timing and phasing of the development.
(2) Development plan information.
A. A vicinity/project location map;
B. Location, type and density of development types;
C. Conceptual drainage plan;
D. Location and amount of open space(s);
E. Gross lot acreage, net lot acreage, maximum allowable density, proposed density with calculations indicated;
F. Maximum site coverage (not required for detached single-family PUD's)
G. Topography at two foot contour intervals;
H. Existing features of the development site, including major wooded areas, streets, easements, utility lines, and land uses;
I. Street layout and names;
J. Existing buildings to remain or to be removed, and if the existing buildings remain, indicate proposed use;
K. All proposed signs excluding street signs;
L. Proposed method of street lighting;
M. Landscape material to be used and proposed locations;
N. Location, area, and dimensions of all lots, setbacks, and building envelopes; and
O. Required number of parking spaces and number of spaces proposed.
(d) Additional Information. The Planning Commission, or Administrator may require additional information such as professionally prepared maps, studies or reports including environmental assessments and/or traffic impact studies for the development. The expense for this information is the responsibility of the applicant.
(e) Public Hearing Process. Upon the submittal of a complete application and plans as determined by the Planning Commission for a Planned Unit Development, a public hearing shall be called and a thirty day notice shall be given. All adjoining property owners shall be notified by mail as to the public hearing date.
Upon the approval of the PUD by the Planning Commission, the recommendation of the Planning Commission shall be forwarded to the Council and may at its discretion, conduct a public hearing. If approved, the PUD designation shall be officially placed on the zoning map.
(f) Standards.
(1) General.
A. The development shall be in conformance with the goals and objectives of the Delta Comprehensive Plan, Zoning Resolution and applicable Subdivision Regulations (and as amended).
B. The uses are compatible with the proposed and existing surrounding land uses.
C. The arrangement of land uses and buildings on the site integrate the topography, natural features, views, traffic access and the arrangement of usable common open space.
(2) Specific - Residential.
A. The maximum number of dwelling units (DU's) permitted per gross site acreage (GSA) is listed in the districts below. An additional dwelling unit is permitted in each district subject to each additional half (l/2) acre provided within the PUD as common and consolidated open space (which may include recreation areas, storm water retention areas, and natural areas).
SR District R-1 District R-2 District 3 DU's/GSA 5 DU's/GSA 7 DU's/GSA R-3 District R-3 District (Multi-Family) 10 DU's/GSA 15 DU's/GSA |
B. No more than 40 percent (40%) of gross site acreage shall be devoted to coverage by buildings, structures, street pavement, driveway pavement, and parking area pavement.
C. No less than fifteen percent (15%) of the gross site acreage, (5% of which may be a storm water retention facility), none of which is part of any yard or perimeter open space, shall be allocated to usable, accessible and consolidated, common open space and may be allocated on a plat by plat basis.
D. An open space area void of buildings, structures, parking areas, or other above-ground improvement shall be maintained along all perimeter property lines of the PUD as follows:
When abutting an "R" District, an open space perimeter area shall be provided that has a minimum depth equal to the required rear yard setback of the PUD's underlying zoning district.
When a residential area of a PUD abuts a "B" or "M" District, an open space perimeter shall be provided that has a minimum depth of seventy-five feet (75'). Building height shall be in accordance with the underlying zoning.
E. There may be no minimum lot size, lot-width, building or structure setback requirements except as noted in subsection (f)(2)D. hereof.
F. Telephone, electrical, cable, and other utility appurtenances shall be underground.
G. There shall be no unattached garages, accessory buildings, or fences on the parcel.
(3) Specific - Commercial.
A. Commercial developments shall be planned with common parking areas and common points of ingress and egress. Parking requirements shall be provided pursuant to Section 1121.01, and the number of spaces required shall be determined by each specific use within the PUD.
B. An open space area void of buildings, structures, parking areas, or other above-ground improvements except fencing shall be maintained on all perimeter property lines of the PUD:
1. A minimum open space depth of thirty feet (30') shall be provided unless a greater setback is required as listed in the underlying zoning district.
2. A minimum open space distance of seventy-five feet (75') shall be provided when abutting an "R" District.
C. No less than ten percent (10%) of the gross lot acreage (5% of which may be a storm water retention area), none of which shall be a part of any yard, shall be allocated to usable, accessible and consolidated, common open space.
D. No more than fifty percent (50%) of gross site acreage shall be devoted to coverage by buildings, structures, street, driveway and parking area pavement.
E. Landscaping or screening for parking shall be required, per Section 1121.01.
F. There may be no minimum lot size, lot width, building or structure setback requirements except as provided in subsection (f)(3)B. hereof.
G. Telephone, electrical, cable, and other utility appurtenances shall be underground.
(4) Specific - Industrial.
A. Industrial Planned Unit Development shall utilize natural features to screen lighting and parking.
B. Landscaping or screening for parking pursuant to Section 1121.01.
C. A minimum open space width of seventy-five feet (75') void of buildings, structures, parking areas, or other above-ground improvements except fencing shall be provided and maintained on all perimeter property lines of the PUD unless a greater setback is required by this Zoning Resolution.
D. No less than ten percent ( 10%) of the GSA, none of which shall be a part of any yard, shall be allocated to usable, accessible and consolidated, common open space.
E. There shall be no minimum lot size, lot width, building or structure requirements except as provided in Section 1117.01.
(5) Change to approved plan. Changes or alterations to the development plan as approved by the Planning Commission or Council may be administratively reviewed and approved by the Administrator, except in the following circumstances:
• Change in the overall acreage of the PUD;
• Any change in use in the PUD;
• Substantial alteration to open space areas and their location(s);
• A significant change in street pattern;
• A significant change in the landscape plan;
• An increase in the number of buildings; and
• Changes in the building/building envelope location(s).
The changes or alterations listed above shall be approved by the Planning Commission.
(6) Expiration and extension of approval period. If construction of any phase of the approved PUD begins within two years after approval is granted, the approval shall be valid until the development is completed. If no construction has begun within two years after the approval is granted, the PUD shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit may be approved by the Village of Delta Planning Commission. (Ord. 99-2. Passed 3-1-99.)
1137.01 NONCONFORMING USES.
(a) Any lawful uses of buildings or land existing at the effective date of this Zoning Ordinance may be continued, even though such use does not conform to the provisions hereof. The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use. No nonconforming building or structure shall be moved, extended, enlarged or altered and no nonconforming use of land shall be expanded, except when authorized by the Board in accordance with the provisions in Chapter 1145.
(b) Whenever the use of a building or land becomes nonconforming through a change in the amended Zoning Ordinance or in the district boundaries, such use may be continued.
(c) A nonconforming use which is discontinued for a period of one year shall not again be used except in conformity with the regulations of the district in which it is located. A nonconforming use may be granted a one-year extension by the Board of Zoning Appeals.
(d) A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty percent (60%) or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of the damage.
(e) Nonconforming trailer or mobile homes located on a lot in any district, once removed, shall not be relocated on such lot unless the unit was "traded-in" for another unit equal to or better than the unit replaced. In this instance, the replacement shall be on site within one week of the removal of the previous unit.
(f) It is not the intention herein to classify as nonconforming a use or building allowed in a district as a conditional use under the regulations of this Zoning Ordinance.
(g) Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of this Zoning Ordinance but not completed, may be completed and put into such nonconforming use, provided it is done within one year after this Zoning Ordinance takes effect. (Ord. 99-2. Passed 3-1-99.)
1137.02 ZONING CERTIFICATES FOR NONCONFORMING USES.
A zoning certificate shall be required for all lawful nonconforming uses of land and buildings created by adoption of this Zoning Ordinance in accordance with the provisions of Section 1141.05. (Ord. 99-2. Passed 3-1-99.)
1141.01 INTENT.
(a) Procedures for administration, interpreting and enforcing this Zoning Ordinance are herein established in order to achieve, among other, the following purposes:
(1) To provide for the review of an application for a permit.
(2) To provide for the inclusion of necessary facilities, services and other uncommon uses through Conditional Use Permits.
(3) To provide for the inclusion of uses which are uncommon but which have similar uses to permitted main uses.
(4) To provide supplementary administrative procedures in conforming with the objectives of the Zoning Ordinance.
(b) In administering this Zoning Ordinance, the provisions shall be regarded as established minimum requirements and shall be used specifically to further the underlying purposes, objectives and the intent set forth in this section.
(Ord. 99-2. Passed 3-4-99.)
1141.02 GENERAL PROCEDURES.
(a) The administration of this Zoning Ordinance is vested in the following officials, commissions:
(1) The Mayor of Delta
(2) Zoning Inspector
(3) The Administrator
(4) Planning Commission
(5) Board of Appeals
(6) Other Duly Appointed Officials by the Mayor or Council.
(b) Compliance with the provisions of this Zoning Ordinance shall be obtained by applying for the issuance of a Zoning Certificate, including the following if applicable:
(1) A Conditional Use Permit
(2) Determination of Similar Use
(3) Approval of a Development Plan
(4) An Interpretation of a Request for a Variance.
(c) Enforcement of the provisions of this Zoning Ordinance shall be obtained by inspection and order for removal of violations. Failure to comply with such order shall constitute an offense which may be followed with civil action.
(d) Zoning Inspector. The duty of administering and enforcing the provisions of the Zoning Ordinance is hereby conferred upon the Zoning Inspector. If there has been no Zoning Inspector appointed, the Administrator shall assume the responsibilities of the Zoning Inspector as specified in this Zoning Ordinance. The Administrator can appoint a qualified person to do inspections when necessary. It shall also be the duty of all officers and employees of the Village to assist the Inspector by reporting to him upon new construction, reconstruction or land uses and apparent violations of this Zoning Ordinance.
(e) Appeal from the decision of the Zoning Inspector may be made to the Board of Appeals, as provided in Chapter 1145. (Ord. 99-2. Passed 3-1-99.)
1141.03 ZONING CERTIFICATES.
(a) Excavations for building or site improvements or change in use shall not be started, or buildings or structure, or parts thereof, shall not be erected, added to, moved until a zoning certificate has been applied for and issued by the Zoning Inspector.
(b) Certificates are required for the following:
(1) Residential, Commercial and Industrial Construction.
(2) Signs.
(3) Fences.
(4) Swimming Pools.
(5) Conversion of Existing Dwellings.
(6) Parcel Splits.
(7) Home Occupations.
(8) Nonconforming Use.
(c) Approval of Development Plans. Whenever such plan has been submitted by the developer as required by this Zoning Ordinance, the preliminary plan and the final plan of the development area shall have been approved by the Planning Commission before a zoning permit may be issued by the Zoning Inspector.
(d) Compliance to Zoning Regulations, Certificates for the construction of a building or land improvements or change in use may be issued by the Zoning Inspector only if the work described in the application clearly complies with all the provisions of the Zoning and other Ordinances of the Village of Delta, Ohio. If the proposed building or use does not clearly comply, the Zoning Inspector shall not have the power to grant variances or make exceptions unless specifically so empowered.
(e) Conditional Use Certificate. Whenever a determination for a "Conditional Use" is required, a certificate for the building or use requiring a Conditional Use Certificate shall not be issued until such permit has been applied for and issued by the Board of Appeals.
(f) Determination of Similar Use. Whenever a determination for "Similar Use" is required, a certificate for the building or use shall not be issued until the inclusion of said use as a permitted use has been reviewed by the Planning Commission and confirmed by Council.
(Ord. 99-2. Passed 3-1-99.)
1141.04 WITHHOLDING CERTIFICATES.
(a) Amendment Pending. No certificate shall be issued during the period in which an amendment which would affect the building or use applied for has been recommended by the Planning Commission or introduced by the Council, provided however, an application for a permit shall not be withheld for more than ninety days after the application was officially submitted.
(b) Nonconforming Lot. No certificate shall be issued for a one or two or three family dwelling unless the residential lot shall abut upon a public street; the utilities, pavement and all other required improvements have been constructed or their construction guaranteed; the lot be located in a duly recorded subdivision approved by the Planning Commission, and no plat required; or subdivided in accordance with the provisions of Section 1109.08(c) as to conform with the requirements of this Zoning Ordinance.
(Ord. 99-2. Passed 3-1-99.)
1141.05 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(a) Written application shall be made for a zoning certificate for the construction of a new building or the alteration of an existing building. Said certificate shall be issued within twenty days after a written request for the same has been made to the Zoning Inspector or his agent, provided such construction or alteration is in conformity with the provisions of this Zoning Ordinance. Exceptions to this requirement shall be permitted where alterations involve only the functional use or operations within an existing building or structure.
(b) Written application for a zoning certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this Zoning Ordinance, the certificate therefore shall be issued within twenty days after the application for same has been made.
(c) Every application for a zoning certificate shall be accompanied by a plot plan in duplicate, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvements of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all the dimensions shown on filed plans shall be based on an actual survey. (Ord. 99-2. Passed 3-1-99.)
1141.06 CONTENT OF PERMIT APPLICATION.
The application for a permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state the expiration date and may be revoked if work has not begun within one year. At a minimum, each application shall contain the following information when applicable:
(a) Name, address and telephone number of the applicant.
(b) Legal description of the property.
(c) Existing use.
(d) Proposed use.
(e) Zoning district.
(f) Plans showing on a map, drawn to a standard engineering scale, the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration.
(g) Building heights.
(h) Number of off-street parking spaces or loading berths.
(i) Number of dwelling units.
(j) Flood plain determination and information.
(k) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Zoning Ordinance.
(Ord. 99-2. Passed 3-1-99.)
1141.07 EXPIRATION OF PERMIT.
If the work described in any permit has not been started within one year from the date of issuance thereof, the permit shall expire; it shall be revoked by the Zoning Inspector and written notice thereof shall be given to the persons affected. If the work described in any permit has not been substantially completed within the expiration date, the permit shall expire and be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed until a new permit has been obtained or an extension granted. All fees for an expired permit will be forfeited to the Village of Delta. (Ord. 99-2. Passed 3-1-99.)
1141.08 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. He shall properly record such complaint, immediately investigate, and take action thereon as provided by this Zoning Ordinance.
(Ord. 99-2. Passed 3-1-99.)
1141.09 VIOLATION AND PENALTIES.
It shall be unlawful to locate, construct, reconstruct, enlarge, change, maintain or use, any building or land in violation of any regulation in or any provision of this Zoning Ordinance or any amendment or supplement thereto adopted by the Council. Any person, firm or corporation violating any regulation thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. 99-2. Passed 3-1-99.)
1141.10 VIOLATIONS; REMEDIES.
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, the Zoning Inspector, the Law Director, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus abatement, or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use. (Ord. 99-2. Passed 3-1-99.)
1141.11 DETERMINATION OF SIMILAR USES.
All applications for permits for a building or use not specifically listed in any of the permitted buildings or use classifications in any of the districts shall be submitted to the Planning Commission for compliance with the following standards:
(a) That such use is not listed in any other classification or permitted building or uses;
(b) That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than is any other classification;
(c) That such use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(d) That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 99-2. Passed 3-1-99.)
1141.12 FEE FOR ZONING CERTIFICATES.
(a) A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate.
FEE SCHEDULE
USE | FEE |
Single Family Dwelling | $50.00 |
Accessory Building | 25.00 |
Two-family Dwelling | 75.00 |
Multi Family Dwellings: | |
Up to 3 units | 150.00 |
4 to 6 units | 200.00 |
7 to 10 units | 250.00 |
Greater than 10 add $25.00 per unit | |
Commercial, Industrial or Institutional | |
Up to 50,000 square ft. | 250.00 |
50,001 to 100,00 square ft. | 350.00 |
100,001 square ft. or greater | 500.00 |
Signs: Wall | 25.00 |
Free Standing | 50.00 |
Fence, Deck and Pool | 25.00 |
Planned Unit Development | 250.00 |
Zoning District Change | 150.00 |
Variance, Conditional Use or Appeal | 100.00 |
(Ord. 14-44. Passed 12-15-14.)
(b) The fee for the application for a certificate for the use of land, not involving structures, including changes in the use of land shall be twenty dollars ($20.00). The Zoning Inspector shall forthwith deposit all fees with the Treasurer who shall credit such fees to the credit of the General Revenue Fund of the Municipality. Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the Office of the Zoning Inspector or his agent, and copies shall be furnished upon request to any person having proprietary or tenancy interests in the building or land affected. (Ord. 99-2. Passed 3-1-99.)
1145.01 ESTABLISHMENT AND PROCEDURES.
(a) Intent. A Board of Appeals is hereby established to assist in the administration of this Zoning Ordinance, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances from the strict letter of the Zoning Ordinance in instances of unnecessary hardship. Such a Board is herein established to achieve, among other, the following purposes:
(1) To provide a method of alleviating unnecessary hardship by allowing a reasonable use for individual parcels of property, which, because of unusual or unique circumstance, may be denied a reasonable use by a literal application of the terms of this Zoning Ordinance.
(2) To review or appeal any order, requirement, decision or determination made by the Zoning Inspector.
(3) That decisions and the granting of variances will sustain the constitutionality of the Zoning Ordinance and to be in compliance with the objective of good planning.
(b) Appointment. The Board of Zoning Appeals which shall consist of five electors appointed by the Mayor and approved by Council. Council, by a majority vote of its members, shall choose a successor to fill any vacancy. The five electors first appointed shall serve for terms of one, two, three, four, and five years, respectively; thereafter appointments shall be for five year terms, beginning January 1st. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Council and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides. Quorum shall consist of three members.
(c) Hearings, Rules, Etc. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice President and Secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending, and shall also hear any other parties having substantial interest as determined by the Board.
(d) Minutes and Records. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other officials' actions, all of which shall be immediately filed in the office of the Clerk and shall be a public record.
(e) Witnesses, Oaths, Etc. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(f) Department Assistance. The Board may call upon the various departments of the municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(g) Duties and General Powers. The Board of Appeals shall adopt rules and regulations not inconsistent with the Zoning Ordinance, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties, and responsibilities of the Board shall be:
(1) To hear appeals and decide any issue involving the application of impartial considerations and judgments in regard to decisions made by the Zoning Inspector or any other administrative officer or board on matters relating to this Zoning Ordinance, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits.
(2) To hear and decide upon applications for variations from the terms provided in this Zoning Ordinance.
(3) To hear and decide all matters specifically referred to it for decisions in other sections of this Zoning Ordinance. (Ord.99-2. Passed 3-1-99.)
1145.02 APPLICATIONS AND APPEALS.
(a) Applications. An application, in cases in which the Board has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit same to the Board. A fee of twenty dollars ($20.00) shall be paid to the Zoning Inspector at the time notice of appeal is filed, which the officer shall forthwith pay over to the Treasurer to the credit of the General Revenue Fund.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of equity; after notice to the officer from who the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from who the appeal is taken. (Ord. 99-2. Passed 3-1-99.)
1145.03 HEARINGS.
(a) The Board shall, within ten days of the filing of an appeal, fix a time for the hearing of the appeal, give at least thirty days notice thereof provided by law and at least twenty days notice to parties having proprietary interest in land within two hundred feet (200') and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee heretofore specified. At this hearing, any party may appear in person or by attorney.
(b) The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(c) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides. (Ord. 99-2. Passed 3-1-99.)
1145.04 DECISION OF THE BOARD.
(a) The Board shall decide all applications and appeals within thirty days after the final hearing thereon.
(b) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(c) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(d) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from who the appeal is taken. Any party adversely affected by a decision of the Board may appeal to Council on the ground that the decision was unreasonable. (Ord. 99-2. Passed 3-1-99.)
1145.05 REASONS FOR GRANTING VARIANCES.
(a) Where the literal application of the provisions of this Zoning Ordinance would result in unnecessary hardship peculiar to the property involved. The fact that the condition has been created or contributed to by the owner or a prior owner.
(b) Where other exceptional circumstances or geographical or geological conditions, or type of adjoining development, are only applicable to property involved or to the intended use of the property and do not apply to other property within the same zone unless the same exceptional circumstances prevail.
(c) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements to the neighborhood in which the property is located.
(d) That the granting of a variance will not be contrary to the general purposes, intent and objectives of this Zoning Ordinance. When applying for a variance or modification, the applicant shall substantiate and state his claim that each of the four conditions as they apply to each specific case are a prerequisite for the granting of a variance or modifications.
(e) In granting a variance, the Board may stipulate the manner in which the variance or exception shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. (Ord. 99-2. Passed 3-1-99.)
1145.06 LAPSE OF VARIANCES.
A variance once granted shall not be withdrawn or changed unless so approved by the Board of Appeals. Further, if after the expiration of six months, no substantial construction is done in accordance with the terms and conditions for which such variance was granted, the Zoning Inspector shall give notice, in writing, to the person who secured the variance or his successor, and thirty days thereafter, the variance will be deemed null and void and all regulations governing said premises in question shall revert to those in effect before the variance was granted.
(Ord. 99-2. Passed 3-1-99.)
1145.07 REQUEST OF BOARD OF APPEALS TO COUNCIL.
If the Board of Appeals determines that there is merit in the appeal of the applicant but that such appeal cannot be granted because all of the conditions provided herein are not fulfilled or cannot be complied with, the Board of Appeals may refer such matter to Council for its guidance and authorization of the issue. Council may, but shall not be required to, consider such request by the Board of Appeals. (Ord. 99-2. Passed 3-1-99.)
1145.08 CONDITIONAL USES.
(a) Conditional Use Permits. Conditional Use Permits shall be required for certain types of main uses as defined in Chapter 1113 and other sections of this Zoning Ordinance, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for a particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Ordinance are certain uses and the district in which conditional uses may be permitted provided the following standards are fulfilled and a Conditional Use Permit is granted by the Board of Appeals.
(b) Contents of a Conditional Use Permit.
(1) An application for a conditional use permit shall be filed with the chairman of the Board of Appeals by a least one owner or lessee of property for which each conditional use is proposed. At a minimum, the application shall contain the following information:
A. Name, address and telephone number of applicant;
B. Legal description of existing use;
C. Description of existing use;
D. Present zoning district;
E. Description of proposed conditional use;
F. A site plan must be submitted to the Board of Appeals showing all buildings, parking and loading areas, traffic access and circulation, utilities, signs, and landscaping at a scale sufficient to permit study of all elements of the plan. Typical elevations and floor plans of the building must be provided. In addition the proposed site and planned development shall show all adjoining properties, including existing buildings located within two hundred feet (200') of the proposed site in the same block. The plans shall meet the required standards or the Municipality as a whole. Such review is necessary to secure proper relationships between parking areas, access drives, abutting public thoroughfares, landscaping, building, siting and open space. The Board of Appeals may require other information to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
G. A narrative statement evaluating the economic effects of adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan.
(2) In addition to the specific requirements listed for each conditional use in each zoning district, the Board of Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such at the proposed location:
A. Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Municipality's Comprehensive Plan and/or Zoning Ordinance.
B. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
C. Will not be hazardous or disturbing to existing or future neighboring uses.
D. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately such services.
E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
F. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
G. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
H. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
(3) The Board of Appeals shall hold a public hearing within twenty days from the receipt of the application for a conditional use permit.
(4) Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of the Municipality at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.
(5) Before holding the public hearing, written notice of such hearing shall be mailed by the chairman of the Board of Appeals, by first class mail, at least ten days before the day of the hearing of all parties in interest and specifically to all adjacent property owners.
(6) Within thirty days after the public hearing, the Board of Appeals shall either approve, approve with supplementary conditions as specified, or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Appeals shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board of Appeals the applicant may seek relief through the Court of Common Pleas.
(7) A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use ceases for more than six months.
(Ord. 99-2. Passed 3-1-99.)
1145.09 PERFORMANCE REQUIREMENTS.
(a) The Board shall have the power to authorize issuance of a zoning certificate for uses that are subject to performance requirements as set forth in this Zoning Ordinance.
(b) The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes and products; and specifications for the mechanisms and techniques to be used in meeting the Performance Requirements.
(c) The Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the application, and a copy of any reports shall be furnished to the applicant. (Ord. 99-2. Passed 3-1-99.)
1145.10 INTERPRETATION OF DISTRICT MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District Map may be made to the Board and a determination shall be made by said Board. (Ord. 99-2. Passed 3-1-99.)
1149.01 OFFICERS AND RULES.
The members of the Planning Commission shall consist of the Mayor and four (4) individuals who shall be appointed by the Mayor with the approval of Council. The four (4) individuals shall serve for terms of one, two, three and four years respectively. Thereafter, appointments shall be for five (5) year terms beginning January 1st. Each member shall serve until a successor is appointed and qualified. The Mayor shall be the Chairman of the Planning Commission. In the absence of the Mayor, the members shall designate a member of the Planning Commission to serve as temporary Chairman until the Mayor returns. The Planning Commission shall abide by Robert Rues of Order, any bylaws established by the Planning Commission, and the Ohio Revised Code. (Ord. 22-2024. Passed 10-28-24.)
1149.02 QUORUM.
All meetings of the Planning Commission shall be open to the public. A majority of its members shall constitute a quorum at any meeting. No action of the Commission shall be deemed taken unless concurred in by a majority of its members. (Ord. 99-2. Passed 3-1-99.)
1149.03 POWERS.
The Planning Commission shall have such powers as are conferred by the general laws of Ohio or by ordinance of the Council. (Ord. 99-2. Passed 3-1-99.)
1149.04 EMPLOYMENT OF CONSULTANTS.
The Planning Commission may control, appoint or employ professional services, and may appoint a secretary, clerks, draftsmen, and other subordinates as it finds necessary in connection with the performance of its functions and duties. Expenditures for such services and employment shall be within the amount appropriated for such purpose by the Council.
(Ord. 99-2. Passed 3-1-99.)
1149.05 ACCESS TO PROPERTY.
For the purpose of making necessary surveys, engineers, agents and representatives of the Planning Commission may enter upon all property within the limits of the Village. Members, agents and representatives of the Commission shall have access to all property in making any survey in connection with any matter being considered by the Commission.
(Ord. 99-2. Passed 3-1-99.)
1149.06 ESTABLISHING THE REVIEW PROCESS FOR SITE PLANS.
(a) Purpose. The purpose of this section is to establish a formal procedure for the review and approval of site plans to promote the health, safety and general welfare of the Village of Delta and its residents.
(b) Site Plan Review Process.
(1) Any proposed sit eplan for development within the Village of Delta shall be submitted to the Delta Planning Commission for review.
(2) The Delta Planning Commission shall review the submitted site plan under applicable zoning and development regulations and consider its impact on the Village.
(3) Upon review, the Delta Planning Commission shall issue a written recommendation to the Village Council, including any suggested modifications or conditions for approval.
(4) The Village Council shall review the site plan and the recommendation of the Delta Planning Commission at a regularly scheduled or specially called meeting. After due consideration, the Village Council shall approve, approve with modifications, or deny the site plan.
(5) Any decision made by the Village Council shall be final, subject to any appeal process established by law.
(Ord. 13-2025. Passed 5-5-25.)
1153.01 AMENDMENTS.
(a) Procedure Established.
(1) This Zoning Ordinance may be amended using the procedures specified in this section.
(2) Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance, after receipt of recommendation thereon from the Planning Commission, and subject to procedures by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(b) Initiation of Amendments. Amendments to this Zoning Ordinance may be initiated in one of the following ways:
(1) By adoption of a motion by the Planning Commission;
(2) By adoption of a resolution by Council;
(3) By the filing of an application by a least one owner or lessee of property within the area proposed to be changed or affected by such amendment.
(c) Contents of Application. The application, for amendment, shall contain at least the following information:
(1) Name, address and phone number of applicant;
(2) Proposed amendment to the text and legal description;
(3) Present use;
(4) Present zoning district;
(5) Proposed use;
(6) Proposed zoning district;
(7) A vicinity map at a scale approved by the Zoning Inspector showing property lines, streets, existing and proposed zoning and such other items as the Zoning Inspector may require;
(8) A list of all property owners within two hundred feet (200'), contiguous to and directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case;
(9) A statement on how the proposed amendment relates to the Comprehensive Plan.
(d) Transmittal to Planning Commission. Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Planning Commission.
(e) Referral of Proposed Change to County Regional Planning Commission. Within five days after the filing of an application for change in the Zoning Ordinance or districts, the Commission shall transmit a copy thereof, together with text and map pertaining thereto, to the County Regional Planning Commission. The County Regional Planning Commission shall recommend the approval or denial of the proposed amendment or supplement or the approval of same.
(f) Recommendation by Commission. Within thirty (30) days after receipt of the proposed amendment, the Planning Commission shall recommend to Council that the amendment be granted as requested, or it may recommend modification of the amendment requested, or it may recommend that the amendment not be granted. The Planning Commission shall transmit its recommendation to Council.
(g) Public Hearing by Council. Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Such hearing shall not be more than thirty (30) days after the receipt of the recommendation from the Planning Commission.
(h) Notice of Public Hearing in Newspaper. Notice of the public hearing shall be given by Clerk of Council by at least one publication in one or more newspapers of general circulation in the Municipality. Such notice shall be published at least thirty days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(i) Notice to Property Owners by Council. If the proposed amendment intends to rezone or redistrict ten or less parcels of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council by First Class mail at least twenty days before the day of the public hearing to all owners of property within, contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to other such list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section, shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers.
(j) Action by Council. Within twenty days after the public hearing, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three fourths of the full membership of Council.
(k) Referendum. No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. The amendment shall take immediate effect upon certification by the Board of Elections that the amendment has been approved by the voters.
(l) Application Fees. At the time that an application for a change of zoning districts is filed with the Commission, as provided herein, there shall be deposited with the Treasurer, the sum of fifty dollars ($50.00) as a fee to cover investigations, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be deposited for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums as deposited shall be credited by the Treasurer to the General Fund. (Ord. 99-2. Passed 3-1-99.)
(EDITOR'S NOTE: See Code Book for Zoning Map.)