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Edgerton City Zoning Code

CHAPTER 1145

Administration

1145.01 ZONING INSPECTOR.

   (a)   Office of Zoning Inspector Created. A Zoning Inspector appointed by the Mayor shall administer and enforce this Zoning Ordinance. He may be provided with the assistance of such other persons as the Mayor may direct.
   (b)   Duties of Zoning Inspector. For the purpose of this Zoning Ordinance, the Zoning Inspector shall have the following duties.
      (1)   Upon finding that any of the provisions of this Zoning Ordinance are being violated, he shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
      (2)   Order discontinuance of illegal uses of land, buildings, or structures;
      (3)   Order removal of illegal buildings or structures or illegal additions or structural alterations;
      (4)   Order discontinuance of any illegal work being done;
      (5)   Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violation(s) of this Zoning Ordinance. This may include the issuance of and action on improvement location permits and such similar administrative duties as are permissible under the law.
         (Ord. 312. Passed 9-26-77.)

1145.02 PROCEEDINGS AND DUTIES OF PLANNING COMMISSION.

   (a)   Proceedings. The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be a public record and be immediately filed in the office of the Commission.
   (b)   Duties. For the purpose of this Zoning Ordinance the Commission shall have the following duties:
      (1)   Initiate proposed amendments to this Zoning Ordinance.
      (2)   Review all proposed amendments to this Zoning Ordinance and make recommendations to Council.
(Ord. 312. Passed 9-26-77.)

1145.03 COMBINING FUNCTIONS OF PLANNING COMMISSION AND BOARD OF ZONING APPEALS.

   (a) Combined Boards. In accordance with Ohio R.C. 713.11, all administrative powers and functions of the Board of Zoning Appeals shall be delegated to the Village Planning Commission. The existing Board of Zoning Appeals is hereby abolished. Any powers or responsibilities previously conferred upon the Board of Zoning Appeals by applicable rules or legislation are hereby conferred upon the Village Planning Commission, including those powers and responsibilities set forth in Chapter 1145 of the Village municipal code. Any Village legislation that refers to the Board of Zoning Appeals shall hereafter be deemed to refer to the Village Planning Commission.
   (b) Proceedings. The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. The chairman, or in chairman's absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Commission.
   (c) Duties. In exercising its duties, the Commission may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four members of the Commission shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to effect any variation in the application of this Zoning Ordinance. For the purposes of this Zoning Ordinance the Board has the following specific responsibilities:
      (1)    To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector;
      (2)    To authorize such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, when, owing to the special conditions, a literal enforcement of this Zoning Ordinance will result in unnecessary hardship, and so that the spirit of this Zoning Ordinance shall be observed and substantial justice done;
      (3)    To grant conditional use permits as specified in this Zoning Ordinance under the conditions specified in this Zoning Ordinance and such additional safeguards as will uphold the intent of this Zoning Ordinance.
         (Ord. 955. Passed 2-2-15.)

1145.04 APPEAL PROCEDURE GENERALLY.

   (a)   It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Planning Commission only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Planning Commission shall be to the courts as provided by law.
   (b)   It is further the intent of this Zoning Ordinance that the duties of Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter and this Zoning Ordinance. Under this Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Section 1141.02. Nothing in this Zoning Ordinance shall be interpreted to prevent any official of the Village from appealing a decision of the Planning Commission to the Courts as provided in Ohio R. C. Chapters 2505 and 2506. Any such appeal shall be made within ten days of the Planning Commission’s written decision. (Ord. 312. Passed 9-26-77.)

1145.05 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.

   (a)   Appeals and variances shall conform to the procedures and requirements of subsection (b) through (j), inclusive. As specified in this Chapter 1145, the Planning Commission has appellate jurisdiction relative to appeals and variances.
   (b)   Appeals. Appeal to the Planning Commission concerning interpretation or administration of this Zoning Ordinance may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision on the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Planning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.
   (c)   Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Planning Commission after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning Commission or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
   (d)   Variances. The Planning Commission may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and not permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Zoning Ordinance would result in unnecessary hardship.
   (e)   Application and Standards of Variances. A variance from the terms of this Zoning Ordinance shall not be granted by the Planning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning Commission containing:
      (1)   Name, address and phone number of applicants;
      (2)   Legal description of property;
      (3)   Description of nature of variance requested;
      (4)   A narrative statement demonstrating that the requested variance conforms to the following standards:
         A.   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;
         B.   That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;
         C.   That special conditions and circumstances do not result from the actions of the applicant;
         D.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance to other lands, structures, or buildings in the same district.
   A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by subsection (e)(4) hereof have been met by the applicant.
   (f)   Supplementary Conditions and Safeguards. Under no circumstances shall the Planning Commission grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in said district. In granting any appeal or variance, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1141.99. (Ord. 312. Passed 9-26-77.)
   (g)   Public Hearing by the Planning Commission. The Planning Commission shall hold a public hearing within sixty days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant. (Ord. 346. Passed 11-13-78.)
   (h)   Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (f), notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
   (i)   Notice to Parties in Interest. Before holding the public hearing required in subsection (f), written notice of such hearing shall be mailed by the Chairman of the Planning Commision, by first class mail, at least ten days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (h) above.
   (j)   Action by Planning Commission. Within thirty days after the public hearing required in subsection (f), the Planning Commission shall either approve, approve with supplementary conditions as specified in subsection (f), or disapprove the request for appeal or variance. The Planning Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. Appeals from Board decisions shall be made in the manner specified in Section 1145.04. (Ord. 312. Passed 9-26-77.)

1145.06 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.

   Conditional uses shall conform to the procedures and requirements set forth in the following subsections.
   (a)   General. It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Section 1137.04, shall follow the procedures and requirements set forth in subsections (b) through (i).
   (b)   Contents of Application for Conditional Use Permit. An application for conditional use permit shall be filed with the Chairman of the Planning Commission by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
      (1)   Name, address and phone number of applicant;
      (2)   Legal description of property;
      (3)   Description of existing use;
      (4)   Zoning district;
      (5)   Description of proposed conditional use;
      (6)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service area, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance.
      (7)   A narrative statement evaluating the effects on 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;
      (8)   Such other information as may be required in subsection (d).
   (c)   General Standards Applicable to All Conditional Uses. In addition to the specific requirements for conditionally permitted uses as specified in subsection (d), the Planning Commission 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 use at the proposed location:
      (1)   Is in fact a conditional use as established under the provisions of Section 1137.04;
      (2)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's comprehensive plan and/or the Zoning Ordinance;
      (3)   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;
      (4)   Will not be hazardous or disturbing to existing or future neighboring uses;
      (5)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
      (6)   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;
      (7)   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;
      (8)   Will have vehicular approaches to the property which will be so designed as not to create an interference with traffic on surrounding public thoroughfares;
      (9)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
   (d)   Specific Criteria for Conditional Uses. Following is a list of specific requirements for conditionally permitted uses.
      (1)   All structures and activity areas should be located at least 100 feet from all property lines;
      (2)    Loud speakers which cause a hazard or annoyance shall not be permitted;
      (3)   There shall be no more than one sign oriented to each abutting street identifying the activity;
      (4)   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties;
      (5)   Such developments should be located adjacent to non-residential uses such as churches, parks, industrial, or commercial uses;
      (6)   Such uses should be properly landscaped to be harmonious with surrounding residential uses;
      (7)   Such structures should be located adjacent to parks and other non- residential uses such as schools and shopping facilities where use could be made of joint parking facilities.
      (8)   All permitted installations shall be kept in a neat and orderly condition as to prevent injury to any single property, any individual, or to the community in general;
      (9)   The area of use shall be completely enclosed by a six foot chain link fence and appropriately landscaped to be harmonious with surrounding properties;
      (10)   Truck parking areas, maneuvering lanes, and accessways to public thoroughfares shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for the storage of trucks, and truck parking shall be limited to a time not to exceed twenty-four hours;
      (11)   Such developments should be located on or immediately adjacent to State highways;
      (12)   Such uses shall not be conducted closer than 500 feet from any residential district, no closer than 200 feet from any structure used for human occupancy in any other district;
      (13)   There shall be filed with the Zoning Inspector a location map which clearly shows areas to be mined and the location of adjacent properties, roads, and natural features;
      (14)   Information shall be submitted on the anticipated depth of excavations and on depth and probable effect on the existing water table and coordinated with the Ohio Division of Water;
      (15)   All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the Village Engineer;
      (16)   There shall be filed with the Planning Commission a detailed plan for the restoration of the area to be mined which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of no greater interval than five feet, the type and number per acre of trees or shrubs or grass to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.
      (17)   All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and non-combustible solids, to secure:
         A.   That the excavated area shall not collect and permit to remain therein stagnant water, or,
         B.   That the surface of such area which is not permanently submerged in grade or backfilled as necessary so as to reduce the peaks and depressions thereof -- so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. The banks of all excavations not backfilled shall be sloped which shall not be less than three feet horizontal to one foot vertical and said bank shall be seeded;
      (18)   There shall be filed with Council a bond, payable to the Village and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The rate of the required bond shall be fixed by ordinance of Council. The bond shall be released upon written certification of the Zoning Inspector that the restoration is complete and in compliance with the restoration plan.
      (19)   In the event a parcel of land is to be used for a mobile home court, the following information shall be submitted to the Planning Commission:
         A.   The owner or developer of such tract of land shall have prepared a development plan for the entire tract which shall include the following:
            1.   Proposed name of the mobile home court.
            2.   Location by township, section, or other legal description.
            3.   Name and address of the developer.
            4.   Date, scale and North point.
            5.   Location, widths, and names of all existing platted streets and other public ways, railroads and utility rights-of-way, parks and other public open spaces, existing buildings and structures within and adjacent to the tract.
            6.   Adjoining boundary lines of all adjacent land uses, describing said land uses, showing the name of the developer or owner, or some other means of identification.
            7.   Layout of proposed streets, their widths, also the widths of alleys, crosswalkways, and easements.
            8.   Layout of proposed lots, their numbers and dimensions.
            9.   Parcels of land intended for public use.
            10.   Mobile home limit lines.
            11.   Location and type of easements.
            12.   Information as to any agreements which have been entered into with the owners of other property within the neighborhood in which the proposed mobile home court is located, as to general plans for the entire neighborhood.
            13.   Such other data as the Planning Commission may by rule require.
         B.   The Planning Commission shall review the proposed development plan and supporting data, and approval procedure shall be as specified for conditional uses in Chapter 1149.
      (20)   Multiple Family Units shall be governed by the following standards:
         A.   The Planning Commission shall review the location of all structures within the development to assure that adequate lights, air and ease of entry is available for all structures.
         B.   For buildings of two stories or less:
            1.   Minimum distance from front or rear of building to front or rear of adjacent buildings: 45"
            2.   Minimum distance from side of building to front or rear of adjacent building: 35"
            3.   Minimum distance from side of building of adjacent building: 25'
         C.   All multiple family structures within and adjacent to the boundary lines of an R-2 (Moderate Density Residential) District or less restrictive districts and adjacent to an R-1 District shall meet the minimum requirements of Section 1137.07(a) for those sides abutting the boundary, except that the maximum required side yard shall be twenty-five feet.
   All multiple family structures adjacent to a lot line abutting an R-2, C or M District shall conform with the following minimum side yard requirements:
   Ten percent (10%) of the proposed or actual lot width: fifteen foot maximum.
      (21)   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 shall comply with the following conditions and requirements:
         A.   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.
         B.   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.
         C.   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than six feet in height and maintained in good condition.
   (e)   Supplementary Conditions and Safeguards. In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1141.99.
      (Ord. 312. Passed 9-26-77.)
   (f)   Procedure for Hearing, Notice. The Planning Commission shall hold a public hearing within sixty days after receipt of an application for a conditional use permit specified in subsection (b) hereof and shall publish notice in a newspaper and give written notice to all parties in interest according to the procedures specified in subsections (f) to (h). (Ord. 346. Passed 11-13-78.)
   (g)   Action by the Planning Commission. Within thirty days after the public hearing required in subsection (f) hereof, the Planning Commission shall either approve, approve with supplementary conditions as specified in subsection (e) hereof, or disapprove the application as presented. If the application is approved or approved with modifications, the Planning Commission shall direct the Zoning Inspector to issue a conditional use permit listing the specific conditions specified by the Board of approval. If the application is disapproved by the Planning Commission the applicant may seek relief through the Court of Common Pleas. Appeals from Planning Commission decisions shall be made in the manner specified in Section 1145.04.
   (h)   Expiration of Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.
      (Ord. 312. Passed 9-26-77.)