Elmore Village City Zoning Code
TITLE ONE
Purpose and Enactment
1101.01 TITLE.
This Part Eleven of the Codified Ordinances may be cited as the "Zoning Ordinance of the Village of Elmore," or by its shorter titles, "Zoning Ordinance" or "Zoning Code."
(Ord. 30-22. Passed 12-12-22.)
1101.02 PURPOSE.
In order to promote the public health, safety, morals, comfort, and general welfare; to conserve and protect property and property values; to secure the most appropriate and compatible use of land; and to facilitate adequate but economical provision of public improvements, all in accordance with a revised Zoning Map, Council divides the incorporated area of the Village into districts or zones. (Ord. 30-22. Passed 12-12-22.)
1101.03 AUTHORITY.
The authority for the preparation, adoption, and implementation of this Zoning Ordinance is derived from Ohio Revised Code (ORC) Chapter 713.
(Ord. 30-22. Passed 12-12-22.)
1101.04 JURISDICTION.
The provisions of this Zoning Ordinance shall apply to all land, subdivisions of land, land development, use of all structures, and uses of land within the Village of Elmore of Ottawa County and Sandusky County, State of Ohio.
(Ord. 30-22. Passed 12-12-22.)
1101.05 EFFECTIVE DATE.
This Zoning Ordinance shall take effect and be in force from and after (insert adoption date). (Ord. 30-22. Passed 12-12-22.)
1101.06 CONFORMANCE REQUIRED.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used, designed, or arranged for any purpose other than that specifically permitted in the district in which the building or land is located except as hereinafter specified. (Ord. 30-22. Passed 12-12-22.)
1101.07 INTERPRETATION AND CONFLICTS.
(a) In the event that any of the requirements or regulatory provisions of this Zoning Ordinance are found to be internally incompatible or inconsistent with another, the more restrictive or greater requirement shall be deemed in each case to be applicable.
(b) In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements.
(c) Where this Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of law, rules, regulations, or resolutions, or by private deed restrictions or covenants, the provisions of this Zoning Ordinance shall prevail.
(Ord. 30-22. Passed 12-12-22.)
1101.08 RELATIONSHIP WITH PRIVATE-PARTY AGREEMENTS.
In no case shall the Village be obligated to enforce the provisions of any easements, covenants, or agreements between private parties unless the Village is involved as a party to the agreement. (Ord. 30-22. Passed 12-12-22.)
1101.09 DEVELOPMENT APPROVALS.
No development activity shall occur on any property within the jurisdiction of the Zoning Ordinance until an applicable development approval for the activity has been granted.
(Ord. 30-22. Passed 12-12-22.)
1101.10 VALIDITY AND SEPARABILITY.
(a) If any provision or provisions of this Zoning Ordinance, or the application of any provision or provisions to any particular property, building or other structure, or situation, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building or other structure, or tract of land immediately involved in the controversy.
(b) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(c) All other provisions of this Zoning Ordinance shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. (Ord. 30-22. Passed 12-12-22.)
1101.11 APPLICATIONS COMMENCED UNDER PREVIOUS ZONING ORDINANCE.
(a) Processing. Any complete application that has been submitted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Zoning Ordinance, shall be reviewed in accordance with the regulations in effect on the date the application was deemed complete unless the applicant requests otherwise. Any re-application of an expired project approval shall meet the standards in effect at the time of re-application.
(b) Violations Continue. Any violation of the previous versions of this Zoning Ordinance shall continue to be a violation under this Zoning Ordinance and shall be subject to the penalties and enforcement set forth in Chapter 1167 "Enforcement, and Penalties," unless the use, development, construction, or other activity complies with the provisions of this Zoning Ordinance. (Ord. 30-22. Pssed 12-12-22.)
1101.12 USE OF GRAPHICS, ILLUSTRATIONS, FIGURES AND CROSS REFERENCES.
(a) The Zoning Ordinance contains graphics, pictures, illustrations, and drawings to assist the reader in understanding and applying the Zoning Ordinance. However, to the extent that there is any inconsistency between the text of the Zoning Ordinance and any such graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific section.
(b) In some instances, cross-references between chapters, sections, and subsections are provided that include the chapter, section, or subsection number along with the name of the referenced chapter, section, or subsection. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(Ord. 30-22. Passed 12-12-22.)