Eaton City Zoning Code
CHAPTER 1101
General Provisions
1101.01 SHORT TITLE.
This Part Eleven of the Codified Ordinances of the City of Eaton shall be known and may be cited as the Unified Development Ordinance of the City of Eaton, Ohio,” or simply the “UDO,” or just “Ordinance.”
(Ord. 05-13. Passed 11-7-05.)
(Ord. 05-13. Passed 11-7-05.)
1101.02 INTENT AND PURPOSE.
This Unified Development Ordinance is enacted in accordance with the City of Eaton Charter and the laws of the State of Ohio and, for the purpose of promoting the public health, safety, morals, convenience and general welfare of the residents, hereby establishes land use classifications; divides the City into zoning districts; imposes regulations, restrictions and prohibitions upon the use of real property; limits the height, area, and mass of buildings and other structures; provides standards of performance; recognizes the City’s historic character while promoting community development and revitalization, including the downtown and the development of traditional residential neighborhoods; conserves open space/green space and quality residential, commercial and industrial development that serves the community’s needs; and provides for the administration and enforcement thereof.
(Ord. 05-13. Passed 11-7-05.)
1101.03 INTERPRETATION AND CONFLICT.
(a) In their interpretation and application, the provisions of this UDO shall be held to be minimum requirements, unless otherwise noted, and are adopted for the promotion of the public health, morals, safety and general welfare. This UDO shall be deemed to neither limit nor repeal any powers granted to the City under its Charter and ordinances, or under state law.
(b) It is not intended by this UDO to repeal, abrogate, annul or in any way impair or interfere with any existing ordinances or provisions of law, or with any rules, regulations, or permits previously adopted or issued pursuant to law, relating to the use of building and land, except as provided for in Section 1101.08.
(c) Wherever the requirements of this UDO are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the highest standards, shall govern.
(Ord. 05-13. Passed 11-7-05.)
1101.04 JURISDICTION.
The provisions of this UDO shall apply to all of the incorporated territory of the City of Eaton, Ohio.
(Ord. 05-13. Passed 11-7-05.)
(Ord. 05-13. Passed 11-7-05.)
1101.05 APPLICATION OF UDO; COMPLIANCE; ONE MAIN BUILDING PER LOT.
Unless otherwise provided herein, no building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used except as follows:
(a) For the purpose permitted in the zoning district in which the building or land is located;
(b) In conformance to the height or bulk limits established herein for the zoning district in which the building or use is located;
(c) In conformance with the yard and lot regulations of the zoning district in which the building or use is located;
(d) In conformance with the off-street parking and off-street loading space regulations of the zoning district in which the building or use is located; and
(e) Unless such building or structure is located on a lot as herein defined, and in no case shall there be more than one main/primary/principal building on a lot except as specifically provided in this UDO.
(Ord. 05-13. Passed 11-7-05.)
1101.06 CONTINUATION OF NEW CONSTRUCTION.
To avoid undue hardship, nothing in this UDO shall be deemed to require a change in the plans, construction or use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this UDO and upon which actual building construction has been diligently carried on. “Actual construction” means the placing of construction materials in permanent position and fastening them in a permanent manner, except where demolition or removal of an existing building has been substantially initiated preparatory to rebuilding. Such demolition or removal shall be deemed to be actual construction, provided that work on the building shall be diligently completed within two (2) years from the date of issuance of the required building or demolition permit.
(Ord. 05-13. Passed 11-7-05.)
1101.07 EFFECTIVE DATE.
The provisions of this UDO were originally adopted on November 7, 2005 by the following ordinances:
and became effective on December 7, 2005.
(Ord. 05-13. Passed 11-7-05.)
1101.08 REPEAL OF EXISTING ORDINANCES.
The City of Eaton Planning and Zoning Code, adopted on May 18, 1988 (Ordinance Number 88-1), and Subdivision Regulations, adopted in 1968, (Ordinance Number 68-6), and all amendments thereto, are hereby repealed. This UDO replaces the repealed Planning and Zoning Code and Subdivision Regulations.
(Ord. 05-13. Passed 11-7-05.)
1101.09 VALIDITY AND SEVERABILITY.
Each article, section, paragraph, sentence, clause, phrase, or other divisible part of the UDO is hereby declared to be severable. Should any section or provision of this UDO is declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the UDO as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. 05-13. Passed 11-7-05.)