Galion City Zoning Code
TITLE THREE
Administration and Enforcement
CHAPTER 1123 Reserved for Future Use
1107.01 CODE INSPECTOR.
(a) Office of Code Inspector Established. The Code Inspector, who shall be appointed by the Mayor, shall enforce the provisions of this Ordinance. In performance of his/her duties, the Code Inspector shall function as an employee of the City.
(b) Duties of Code Inspector. For the purposes of this Ordinance, the Code Inspector shall have the following duties:
(1) Enforce the provisions of this Ordinance and take such steps as may be necessary to remedy conditions found in violation. Such steps include ordering, in writing, the discontinuance of illegal uses or work in progress, and directing cases of noncompliance to appropriate City official(s) for action.
(3) Issue zoning certificates when the provisions of this Ordinance have been met, or refuse to issue same in the event of noncompliance.
(4) Report to the Planning Commission on a regular basis on development activity that has occurred in the City.
(5) Collect all designated fees as established for zoning certificates and applications for other matters pertaining to this Ordinance.
(6) Make and keep all records necessary and appropriate to the office including records of issuance and denial of zoning certificates and receipt of complaints of violation of this Ordinance and action taken on same.
(7) Inspect any buildings or lands to determine whether any violations of this Ordinance have been committed or exist.
(8) Advise the Planning Commission of other matters pertaining to the enforcement of and amendments to this Ordinance
(Ord. 2009-85. Passed 12-8-09.)
1107.02 PLANNING COMMISSION.
(a) Establishment. The Planning Commission shall consist of five (5) residents of the City of Galion. One (1) shall be the Mayor, one (1) the Safety Service Director, and the remaining three (3) shall be appointed by the Mayor for overlapping terms of (4) years. Members at the time of the enactment of this section shall complete the term to which they were previously appointed. Vacancies shall be filled by the Mayor and shall be for the unexpired term.
(b) Alternate Members. Two (2) alternate members shall be appointed by the Mayor for overlapping terms of (4) years. Alternates shall be called in rotation to attend meetings when a regular member cannot attend and shall be able to vote when so called.
(c) Removal of Members. Members of the Commission shall be removable for nonperformance of duty, misconduct in office, relocation to a residency outside the City, or for other good cause, by the City Council, after a public hearing has been held regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(d) Organization and Rules.
(1) Rules. The Commission shall adopt, from time to time, such rules, procedures and regulations as it may deem necessary to carry into effect the provisions of this section.
(2) Officers. The Commission shall elect a Chairperson who shall serve a two year term, and shall also elect a Vice Chairperson who shall serve a term concurrent with the Chairperson. The Commission shall likewise elect a Secretary who shall serve a term concurrent with the Chairperson.
(3) Meetings. 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 that fact. Three (3) members shall constitute a quorum. The meetings of the Commission shall be open to the public. The Commission shall keep records of its examinations and other official action.
(4) Assistance. The Commission may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Commission as may reasonably be required.
(e) Powers and Duties. The Planning Commission has authority to undertake the following:
(1) Prepare a recommended Comprehensive Plan for the City and recommend amendments to that Plan as may be needed from time to time.
(2) Take actions to approve, approve with modification or disapprove subdivisions of land, as authorized by this Planning and Zoning Code.
(3) Review proposed amendments to the Planning and Zoning Ordinance or Official Zoning Map and make recommendations to City Council.
(4) Permit Conditional uses as specified in the Official Schedule of District Regulations under the conditions specified in the Planning and Zoning Code, and such additional safeguards as will uphold the intent of this same.
(5) Review site plans as may be required by specific sections of the Planning and Zoning Code. The decisions of the Commission on such site plan(s) may be overruled by City Council by a 2/3 vote of the total membership.
(6) Make recommendations for newly annexed areas to the City, in accordance with this Ordinance.
(7) Authorize the substitution or extension of nonconforming uses, determine similarity of uses, declare zoning certificates void, and administer requirements for planned unit developments as specified in the Planning and Zoning Code. (Ord. 2014-45. Passed 5-13-14.)
1107.03 BOARD OF ZONING APPEALS. (REPEALED)
(a) Establishment. Pursuant to authority granted under the Ohio Revised Code, a Board of Zoning Appeals is hereby created, consisting of five (5) members to be appointed by the Mayor for overlapping terms of two (2) years. Three (3) members shall have initial terms of one (1) year to allow for this overlapping. All members of the Board shall be residents of the City of Galion, and shall serve until their successor is appointed. Vacancies shall be filled by the Mayor and shall be for the unexpired term.
(b) Alternate Members. Two (2) alternate members shall be appointed by the Mayor for four (4) year terms. Alternates shall be called in rotation to attend meetings when a regular member cannot attend.
(c) Removal of Members. Members of the Board shall be removable for non-performance of duty, misconduct in office, relocation to a residency outside the City or other cause, by the City Council, after a public hearing has been held regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(d) Procedures. The following procedures shall govern the operation and meetings of the Board of Zoning Appeals:
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The Board shall elect a Chairman and Vice Chairman. The concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Building Inspector.
(2) The meetings of the Board shall be public, and shall be held at the call of the Chairman, after compliance with public notification procedures as required by the Ohio Revised Code, as amended.
(3) 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 official action.
(4) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(5) The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(e) Powers and Duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this section, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Code Inspector from whom the appeal is taken. No appeal may be taken to the Board in connection with any matter over which the Planning Commission has jurisdiction. For the purpose of this section, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning District Map, in accordance with the provisions of this section.
(2) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Inspector related to this Ordinance.
(3) Authorize such variances from the terms of the zoning provisions of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in practical difficulty. (Ord. 2014-44. Passed 5-13-14.)
1107.04 POWERS OF CODE INSPECTOR, BOARD OF ZONING APPEALS, AND CITY COUNCIL ON MATTERS OF APPEAL.
It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Code Inspector, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Code Inspector. It is further the intent of this Ordinance that the powers of City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. City Council shall not have the authority to overrule the decisions of the Board of Zoning Appeals on such matters of appeal or variance. The procedure for deciding such questions shall be as stated in Chapter 1115 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1109.01 ZONING CERTIFICATES.
No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established, used or changed in use, pursuant to Section 1109.02 below, without a zoning certificate therefor, issued by the Code Inspector. The zoning certificate shall certify that the proposed action is in conformance with this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1109.02 CONDITIONS UNDER WHICH A ZONING CERTIFICATE IS REQUIRED.
A zoning certificate is required for any of the following:
(a) Occupancy and/or use of vacant land.
(b) Construction or structural alteration of any building or structure, including accessory buildings.
(c) Change in use of an existing building, accessory building or land to a use of a different zoning classification in the same or different zoning district. For purposes of this condition, the term "zoning classification" shall mean the individual or group of uses designated by capital case letters (A, B, C, etc.) under permitted or conditional uses in the various zoning districts of this Ordinance.
(d) Change in use of an existing building or land to another use that would result in a change in another required standard, of this Ordinance, e.g., parking or signage.
(Ord. 2009-85. Passed 12-8-09.)
1109.03 APPLICATION FOR ZONING CERTIFICATE.
Applications for a zoning certificate shall be obtained from the offices of the Code Inspector. The application shall contain the following information:
(a) Name, address, and telephone number of the applicant.
(b) Legal description of property, as recorded in Crawford County Recorder's office.
(c) Existing and proposed uses
(d) Zoning district in which property is located.
(e) Number of proposed dwelling units
(f) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations.
(g) Height of proposed buildings or alterations.
(h) First floor elevations of all proposed buildings or structures
(i) Number and dimensions of existing and proposed off-street parking or loading spaces, applicable.
(j) Such other material as may be requested by the Code Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
(k) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by an approval by the Galion City Health Department of the proposed method of water supply and disposal of sanitary wastes.
Where complete and accurate information is not readily available from existing records, the Code Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Code Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.
(Ord. 2009-85. Passed 12-8-09.)
1109.04 APPROVAL OF ZONING CERTIFICATES.
Within thirty (30) days after the receipt, the application shall be either approved or disapproved by the Code Inspector, unless the provisions of other specific sections of this Ordinance apply. All zoning certificates shall be conditional upon the commencement of work within three (3) months. One (1) copy of the application shall be returned to the applicant by the Code Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Code Inspector, or his/her designated agent, on such copy. In the case of disapproval, the Code Inspector shall state on the returned plans the specific reasons for disapproval. One (1) copy of application, similarly marked, shall be retained by the Code Inspector. If the application is approved and upon issuance of a Certificate of Zoning Compliance, the County Auditor shall be so notified. The Code Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1109.05 RECORD OF ZONING CERTIFICATE.
A record of all zoning certificates shall be kept on file in the office of the Code Inspector and copies shall be furnished upon request to any persons.
(Ord. 2009-85. Passed 12-8-09.)
1109.06 EXPIRATION OF ZONING CERTIFICATES.
If the work described in any zoning certificate has not begun within three (3) months from the date of issuance thereof, or has not been completed within two (2) years from the date of issuance thereof, said permit shall expire. Further work as described in the expired permit shall not proceed unless and until a new zoning certificate has been obtained or an extension has been granted by the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1109.07 CERTIFICATE OF ZONING COMPLIANCE.
(a) Certificate of Zoning Compliance Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Code Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance.
(b) Application for Certificate of Zoning Compliance. Certificates of Zoning Compliance shall be applied for by the applicant giving written notice to the Code Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this Ordinance.
(c) Approval of Health Department Required. If the property in question is not served by public water or sewer, a Certificate of Zoning Compliance shall not be issued by the Code Inspector until the water and sewage disposal systems have been approved by the Galion City Health Department, Ohio Environmental Protection Agency (OEPA) or other applicable entity.
(d) Record of Certificate of Zoning Compliance. The Code Inspector shall maintain a record of all Certificates of Zoning Compliance and a copy of any individual certificate shall be furnished upon request.
(Ord. 2009-85. Passed 12-8-09.)
1109.08 VOID ZONING CERTIFICATES.
A zoning certificate shall be void if any of the following conditions exist:
(a) The zoning certificate was issued by the Code Inspector contrary to the provisions of this Ordinance .
(b) The zoning certificate was issued based upon a false statement by the applicant.
(c) The zoning certificate has been assigned or transferred.
When a zoning certificate has been declared void for any of the above reasons by the Planning Commission, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease, unless and until a new zoning certificate has been issued.
(Ord. 2009-85. Passed 12-8-09.)
1111.01 PRE-APPLICATION MEETING.
Prior to preparation of a preliminary plan, an Owner/Developer is encouraged to meet with the Code Inspector and/or the Planning Commission to familiarize himself/herself with the provisions of this Code, the zoning ordinance and other applicable regulations. The submittal of a concept or sketch plan for the proposed development, incorporating existing aerial photographs and topographic information, and plans for adjacent areas, is strongly recommended. (Ord. 2009-85. Passed 12-8-09.)
1111.02 SUBMITTAL OF MINOR SUBDIVISIONS ("LOT SPLITS").
If the Code Inspector, or his/her designated agent, determines that the proposed subdivision of land meets the following criteria, then it shall be classified as a minor subdivision:
(a) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway, and
(b) Creates no more than five (5) lots including the remainder, and
(c) Complies with the requirements of Chapter 711 of the Ohio Revised Code and applicable zoning regulations of the City.
All other subdivisions not meeting the standards above shall be considered as major subdivisions and subject to the full requirements of this Chapter.
If the subdivision is considered as a minor subdivision, only such drawings and information as is determined necessary by the Code Inspector to determine compliance with pertinent subdivision, zoning and other regulations need to be submitted for approval. At a minimum, the submitted material shall include a survey of the property by a Registered Surveyor, along with a completed application form as provided for such purpose by the Code Inspector.
After determination that such action meets the criteria for a minor subdivision and within ten (10) business days after it has been submitted, the Code Inspector may approve or disapprove said minor subdivision by indicating upon the preliminary plan or instrument of conveyance "Approved (Disapproved) Galion Planning Commission / No Plat Required", or he/she may refer such submittal to the full Planning Commission. In cases of approval or disapproval, one (1) copy of the preliminary plan or instrument of conveyance, with such notation thereon, shall be retained for the files of the Planning Commission. The decision of the Code Inspector may be appealed in writing to the full Planning Commission within thirty (30) days from the date of the approval or disapproval.
If no action on the proposed minor subdivision is taken within thirty (30) days from submittal, then the minor subdivision shall be considered as approved by the Planning Commission. (Ord. 2017-23. Passed 6-13-17.)
1111.03 APPLICATION FOR PRELIMINARY PLAN.
Upon determining to proceed with a preliminary plan, the Owner/ Developer shall submit nine (9) complete sets of drawings and other material for an application as specified in Section 1111.04 below, to the Code Inspector, along with applicable fees as established by City Council in separate Ordinance.
Within fifteen (15) working days from receipt, the Code Inspector shall review the submitted materials to determine completeness. If the application meets the submittal requirements as specified in Section 1111.04 below, the Code Inspector shall certify such application and proceed with review. If the application is found to be incomplete, the Owner/Developer shall be notified, and the submitted materials shall be so marked.
(Ord. 2009-85. Passed 12-8-09.)
1111.04 CONTENTS OF APPLICATION FOR PRELIMINARY PLAN.
The application for preliminary plan shall, at a minimum, include the following information:
(a) Proposed name of the subdivision and its location;
(b) Names, addresses and telephone numbers of owners and/or developers;
(c) Name, address and registration number of the Professional Engineer or Professional Surveyor preparing the plan.
(d) Date, north arrow and plan scale;
(e) Boundary lines of the proposed development and the total tract owned or controlled by Owner /Developer, along with the acreage of both;
(f) Existing physical features, including any existing structures, with contour lines at not more than two foot (2') intervals if slope of the site is fifteen percent (15%) or less, and five feet (5') feet if slope of the site is more than fifteen percent (15%). Contours shall be based on USGS topographic information, recent aerial photography and/or ground surveys;
(g) Portions of the site identified by the Federal Emergency Management Agency (FEMA) as within the Official Flood Hazard Area for the 100-Year Flood, as specified on Official Flood Hazard studies, or Flood Hazard Boundary Map(s) for Galion, as may be amended.
(h) Portions of the site subject to federal wetlands requirements.
(i) Existing sewers, water mains, transmission lines, culverts and other underground structures within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations;
(j) Proposed lot or parcel dimensions, street rights-of-way widths, water, sanitary sewer and storm sewer layout, along with grades and elevation of proposed streets, storm sewers and sanitary sewers;
(k) Other utility system layouts and requirements;
(l) Proposed methods for addressing storm runoff;
(m) Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the conditions proposed for such covenant, and for the dedications;
(n) For commercial and/or industrial development, the location, dimensions and grades of proposed parking and loading areas, alleys, streets and points of vehicular ingress and egress to the site.
All drawings shall be submitted as hard copies, as well as in AutoCAD format and as TIFF images or other format as approved by the City Engineer.
(Ord. 2009-85. Passed 12-8-09.)
1111.05 SUBMITTAL OF PRELIMINARY PLAN TO PLANNING COMMISSION.
Upon certification of the preliminary plan application pursuant to Section 1111.03 above, the Code Inspector shall review said application and submit same to the City Engineer, other City departments and/or other entities as deemed appropriate for input. In addition, the Code Inspector may seek the input of special consultants for the express purpose of providing input on particular issues. After review, the Code Inspector shall submit the preliminary plan to the Planning Commission, along with a compilation of comments, recommendations and input received from other sources and his/her recommendations for action. The date of submittal of the preliminary plan shall be deemed the date of the first Planning Commission meeting following completion of review by the Code Inspector.
(Ord. 2009-85. Passed 12-8-09.)
1111.06 ACTION ON PRELIMINARY PLAN BY PLANNING COMMISSION.
The Planning Commission shall review and take action on the preliminary plan not later than thirty (30) days from submittal of the preliminary plan to the Commission by the Code Inspector pursuant to Section 1111.05 above, or within such further time as is agreed upon by the Owner/Developer. In reviewing the preliminary plan, the Planning Commission shall consider the input received from the Code Inspector.
A preliminary plan shall not be approved unless the Planning Commission finds that:
(a) The preliminary plan complies with the provisions of the Ohio Revised Code, these regulations and other codes of the City, and
(b) The subdivision can be adequately served with public or private utilities, facilities and services suitable under the specific circumstances, as approved by the City Engineer, and
(c) Land intended for building sites appears suitable for development and is not likely to be subject to peril from floods, erosion, continuously high water table, poor soil conditions or other menace; however, preliminary approval shall not be construed to imply or infer any warranty or assurance by the City that such hazards do not exist, or any liability thereof.
The Planning Commission may approve, disapprove, or approve with modification the submitted plan. The grounds for the action, including citation or reference for rules violated by the plan, shall be stated in the written record of the Commission. Any approval of a preliminary plan shall be effective for a period of two (2) years.
In the event that modifications are required, a copy of the revised preliminary plan incorporating such modifications shall be completed by the Owner/Developer and submitted to the Commission within three (3) months for the permanent file.
Approval of the preliminary plan shall confer upon the applicant the right for a two (2) year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within such two (2) year period, the whole, including all parts of the preliminary plan shall be submitted for final approval, pursuant to Section 1111.07 below, unless an extension of such time is granted by the Planning Commission
(Ord. 2009-85. Passed 12-8-09.)
1111.07 APPLICATION FOR SUBMITTAL OF FINAL PLAT.
Upon approval of the preliminary plan, an application for a final plat for land being subdivided shall be submitted by the Owner/Developer to the Code Inspector. It shall incorporate all modifications required by the Planning Commission during approval of the preliminary plan, and otherwise conform to the preliminary plan as approved. The Owner/Developer may apply for a final plat covering that portion of an approved preliminary plan which he/she proposes to develop and record at the time, provided that such portion conforms to all provisions of these regulations.
(Ord. 2009-85. Passed 12-8-09.)
1111.08 PLANS AND SPECIFICATIONS FOR SITE IMPROVEMENTS.
Prior to action on a final plat by the Planning Commission, the applicant shall prepare Construction and Grading Plans, specifications and cost estimates of the required site improvements. Construction and Grading Plans shall include a determination of the first floor elevations of all proposed structures. Cost estimates shall reflect current prevailing wage rates, if applicable, and be prepared and certified by a Professional Engineer. A minimum of ten (10) copies of such material shall be submitted to the Code Inspector, who shall provide copies of the plans and estimates to the City Engineer and local utilities, as applicable. All drawings shall be submitted as hard copies, as well as in AutoCAD format and TIFF images, or other suitable format, and shall comply with the requirements of the City Engineer.
The estimates shall be grouped according to the following:
(a) Street improvements, including curb, gutter, pavement, sidewalks, street lighting, storm drainage and signage;
(b) Water mains, including lines, valves and hydrants;
(c) Sanitary sewers, including lines, manholes, lift stations and service taps if located within the public street right-of-way;
(d) Storm drainage improvements, including pipes, drainage structures, and grading and earthwork for detention/retention areas and open channels.
(e) Site improvements, including seeding, sodding, and erosion control.
(f) Other site improvements as required by the Code Inspector.
(Ord. 2009-85. Passed 12-8-09.)
1111.09 REVIEW BY CITY ENGINEER.
The City Engineer shall review the plans submitted pursuant to Section 1111.08 above, and, subject to his review, they shall be approved or returned with comments. The City Engineer may submit the plans for review by special consultants selected by the City for that purpose, if it is determined by the City Engineer that such review is warranted. The costs associated with such reviews shall be paid for by the Owner/Developer.
(Ord. 2009-85. Passed 12-8-09.)
1111.10 CONSTRUCTION OF IMPROVEMENTS AND PERFORMANCE GUARANTEES.
The Owner/Developer may install, construct, have inspected and approved by the City Engineer all required site improvements prior to submitting the application for approval of a final plat or he/she may furnish satisfactory performance guarantees, pursuant to Chapter 1195, for the construction of such improvements.
No construction work on such development, including street grading, shall be started until the Owner/Developer has obtained approval of the Construction and Grading Plans from the City Engineer, approval of necessary bonds and/or letters of credit, and execution of any development agreement.
(Ord. 2009-85. Passed 12-8-09.)
1111.11 APPLICATION FOR APPROVAL OF FINAL PLAT.
Upon determining to proceed with a final plat, the Owner/ Developer shall submit six (6) complete sets of drawings and materials as specified in Section 1111.12 below to the Code Inspector. The applicant shall submit all fees as applicable for a final plat, as established by City Council. The application shall be submitted within two (2) years after approval of the preliminary plan; otherwise, approval of the preliminary plan shall become null and void unless an extension is granted by the Planning Commission. Within ten (10) working days, the Code Inspector shall review the application, and determine if such application is complete and if all applicable requirements of this Ordinance have been met. If he/she determines that all applicable requirements have been met, the Code Inspector shall transmit the application to the Planning Commission at its next regularly scheduled meeting, which shall be deemed the date of submission of the final plat.
(Ord. 2009-85. Passed 12-8-09.)
1111.12 CONTENTS OF APPLICATION FOR FINAL PLAT.
A final plat shall be drawn to a scale of one (1) inch to one-hundred feet, capable of printing on sheet or sheets 24"X 36" in size, or other size and scale as determined appropriate by the City Engineer. All drawings shall be submitted as hard copies, as well as in AutoCAD format and TIFF images or other format as approved by the City Engineer. The final plat shall contain the following items:
(a) Name of the subdivision and the section number, if it is a portion of the total subdivision.
(b) A legal description giving the number of acres, City, township, section, range, parcel identification number and property owner's name.
(c) All required certifications and approvals
(d) Requested covenants and/or deed restrictions
(e) Sheet and total number for each sheet, including covenant sheet and construction plan
(f) Scale and north indicator
(g) The bearings and distances of the boundary lines of the subdivision
(h) The bearings and distances of all lot lines or areas dedicated to public uses within the subdivision. In case of curved sides of lots, the tangent deflection angle, the length of the tangent, the length of radius, the length of arc and the length and bearing of the chord shall be given
(i) Lot numbers
(j) The required setbacks and first floor elevations of all proposed structures on lots within the subdivision
(k) The bearing and distances of all straight sections of street center lines. Curved sections of street center lines shall show the same information as curved lot lines
(l) Street names
(m) Street, alley and easement widths. Any easements not parallel to property lines shall show the bearings and distances of the lines
(n) The location of all permanent markers or monuments
(o) Building setback lines with their distance from the right-of-way lines
(p) The proposed location of all utilities and easements, including dimensions
(q) Certification of engineering data on the plat by a Professional Engineer
(r) All of the above, including any additional requirements as may be cited by the Crawford County Auditor or Recorder.
(Ord. 2009-85. Passed 12-8-09.)
1111.13 ACTION ON FINAL PLAT BY PLANNING COMMISSION.
If the final plat as submitted to the Commission pursuant to Section 1111.11 above conforms to the provisions of this Ordinance, and is consistent with the preliminary plan with such changes as required by the Planning Commission, and if satisfactory provision is made regarding site improvements, and costs pursuant to Section 1111.08 of this Ordinance, the Commission shall take action on the final plat within thirty (30) days from the date that the final plat is submitted, or within such further time as the Owner/Developer may agree to. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Chairman of the Planning Commission. Reasons for disapproval of a final plat shall be stated in the records of the Commission, including citations or references to the requirements or provisions of the applicable Ordinance(s) that are inconsistent with the final plat.
If the Commission fails to act upon the final plat within the time allotted, the plat shall be considered as approved, and the certificate of the Planning Commission as to the date of the submission of the plat for approval, and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval.
(Ord. 2009-85. Passed 12-8-09.)
1111.14 CONDITIONAL APPROVAL .
The Commission may grant conditional approval to a final plat by requiring the Owner/Developer to alter the plat or any part of it, within a specified period after the end of the thirty (30) calendar days, as a condition for final approval. Once all conditions have been met within the specified period, the Commission shall cause its final approval to be endorsed on the plat. No plat shall be recorded until it is so endorsed with the Commission's final or unconditional approval.
(Ord. 2009-85. Passed 12-8-09.)
1111.15 APPEAL OF PLAT REFUSAL.
Within sixty (60) days after final plat denial, the Owner/Developer may file a petition in the Court of Common Pleas, in which he/she shall be named Plaintiff. The petition shall contain a copy of the plat sought to be recorded, a statement of facts justifying the propriety and reasonableness of the proposed subdivision, and a prayer for an order directed to the Crawford County Recorder to record such plat. Such petition may include a statement of facts to support the claim that the rules and regulations of the Planning Commission are unreasonable and/or unlawful. The Planning Commission of the City of Galion and the Crawford County Recorder shall be joined as Defendants, and summons shall be issued upon such Defendants as in a civil action.
(Ord. 2009-85. Passed 12-8-09.)
1111.16 ACCEPTANCE OF PUBLIC LANDS AND IMPROVEMENTS.
Within thirty (30) days after approval of the final plat by the Planning Commission, the Code Inspector shall forward the plat to the City Council for acceptance of the public rights-of-way and easements dedicated or granted thereon. Action of the City Council shall be by separate ordinance, containing a statement authorizing the Clerk of Council to sign the plat and instructing him/her when such signing shall occur.
(Ord. 2009-85. Passed 12-8-09.)
1111.17 RECORDING OF PLAT.
Upon approval of the final plat, a copy thereof shall be properly recorded in the Office of the Crawford County Recorder, at the sole expense of the Owner/Developer. The Final Plat shall be so recorded within sixty (60) days after such plat is approved. In the event that the Final Plat is not recorded within sixty (60) days, the approval of such Final Plat shall thereupon become null and void, unless an extension of such time is granted by the Planning Commission. At such time as the final plat is submitted for recording, the final plat shall contain the City lot number designations, as well as a statement that the public improvements associated with the plat shall be completed within twenty-four (24) months from final plat approval, pursuant to Section 1111.13 above.
Subsequent to the recording required hereby, one copy shall be returned to the Code Inspector, along with the assurances for completion of improvements as required in this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1113.01 POWER OF CITY COUNCIL.
Whenever the public necessity, convenience, or general welfare require, Council may, by Ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this Ordinance or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.
(Ord. 2009-85. Passed 12-8-09.)
1113.02 INITIATION OF AMENDMENTS.
Amendments to this Ordinance may be initiated in one of the following ways:
(a) By referral of a proposed amendment to the Planning Commission by City Council.
(b) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.
(c) By the filing of an application by at least one (1) owner or person(s) or other entity having an interest in the property, or his designated agent, within the area proposed or affected by the said amendment.
(Ord. 2009-85. Passed 12-8-09.)
1113.03 APPLICATION.
An application for amendment shall be transmitted by the applicant to the Code Inspector and shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Proposed amendment to the text or, in cases where property is proposed to be placed in a different zoning district, a legal description of the property affected.
(c) Present use and district.
(d) Proposed use and district, if applicable.
(e) A map showing property lines, streets, existing and proposed zoning, and such other items as the Code Inspector may require.
(f) A list of all property owners within, contiguous to, and directly across the street or alley from the parcel(s) proposed to be rezoned and their address as appearing on the Crawford County Auditor's current tax list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
(g) A statement as to how the proposed amendment will impact adjacent and proximate properties.
(h) Any other information as may be requested by the Code Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.
(i) A fee as established by the City Council.
(Ord. 2009-85. Passed 12-8-09.)
1113.04 TRANSMITTAL OF ORDINANCE TO PLANNING COMMISSION.
Upon referral of the proposed Ordinance by City Council, or the filing of an application by at least one (1) owner or other entity having an interest the property, or their designated agent. The Code Inspector shall transmit said proposed amendment or application to the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1113.05 RECOMMENDATION BY PLANNING COMMISSION.
(a) Within sixty (60) days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall recommend to the City Council that the amendment be approved as requested, approved with modification, or that the amendment be denied. A public hearing may be held by the Planning Commission for consideration of the proposed amendment. If held, the Planning Commission shall follow the requirements for notification of such hearing as specified in Section 1113.06 below.
(b) In considering a proposed zoning amendment, the Planning Commission may seek input and recommendations of outside counsel or consultants procured for that purpose.
(Ord. 2015-15. Passed 3-24-15.)
1113.06 ACTION BY CITY COUNCIL.
(a) Public Hearing. Before the proposed Ordinance may be considered, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. If the proposed Ordinance intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Code Inspector, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within, contiguous to, and directly across the street or alley from such parcel or parcels to be redistricted to the address, as provided by the applicant. The failure of delivery of such notice shall not invalidate such proposed Ordinance.
(b) Display of Relevant Materials. During such thirty (30) days, the text of the proposed Ordinance, together with maps, plans, and reports submitted to the Planning Commission shall be on file, for public examination, in the office of the Code Inspector.
(c) Action by City Council. No such Ordinance which is in accordance with the recommendation submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such Ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the City Council. Failure of City Council to take final action on the proposed amendment within sixty (60) days after the public hearing shall be deemed a rejection of the ordinance.
(d) Criteria. In reviewing the proposed amendment and arriving at its decision, the Planning Commission and City Council shall consider the following factors:
(1) Whether the proposed change is consistent with the established land use pattern in the surrounding area
(2) Whether the proposed change would alter the population density pattern and thereby adversely impact public facilities such as schools, utilities, streets and the like
(3) Whether the existing district patterns are logically drawn in relation to existing conditions on the property proposed for change.
(4) Whether changed or changing conditions make adoption of the proposed amendment necessary
(5) Whether the proposed change is out of scale with the needs of the neighborhood or City.
(6) Whether the proposed change would be likely to have an adverse effect on the existing natural environment.
(7) The relationship of the proposed amendment to the purposes and objectives of the Comprehensive Plan with appropriate consideration as to whether the proposed change will further the purposes and objectives of this and other ordinances, codes and regulations of the City of Galion.
(Ord. 2009-85. Passed 12-8-09.)
1113.07 EFFECTIVE DATE AND REFERENDUM.
Such amendment adopted by City Council shall become effective thirty (30) days after the date of Ordinance, unless City Council determines that an emergency exists, in which case, the amendment shall go into effect immediately. If the amendment as passed by City Council pertains to a change in the Official Zoning Map, such change shall be incorporated onto the Map by reference to the Ordinance Number and date of adoption.
(Ord. 2009-85. Passed 12-8-09.)
1113.08 SUCCESSIVE APPLICATIONS.
No application for a zoning change shall be made within eighteen (18) months from the date of the scheduled public hearing of a previous application for substantially the same request which was not approved by Council, unless the applicant can provide proof that there has been a substantial change of conditions and character of the surrounding area.
(Ord. 2009-85. Passed 12-8-09.)
1113.09 EXCEPTION FOR SIGN REGULATIONS.
All amendments to Chapter 1181 of this Ordinance (Sign Regulations) may be made solely by City Council without the need for following any of the procedures set forth in Section 1113.01 through 1113.06 of this Ordinance, including, without limitation, the need for recommendations from the Planning Commission and a public hearing.
(Ord. 2011-70. Passed 9-27-11.)
1115.01 APPEALS.
(a) Taking of Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance by the Code Inspector may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, or board. Such appeal shall be taken within twenty (20) days after the date of the decision, by filing with the Code Inspector or with the Board of Zoning Appeals, a notice of appeal specifying the decision of the Code Inspector which the appeal is being taken.
(b) Imminent Peril. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Inspector certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown, be granted by the Board of Zoning Appeals after notice to the Code Inspector, or by judicial proceedings.
(Ord. 2009-85. Passed 12-8-09.)
1115.02 POWERS OF THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Board unless it finds that the applicant has shown that all of the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the applicant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
Under no circumstances shall the Board of Zoning Appeals grant a variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
(Ord. 2009-85. Passed 12-8-09.)
1115.03 APPLICATION FOR VARIANCE AND APPEALS.
Any person owning or having an interest in property, after being denied a zoning certificate, may file an application to obtain a variance or appeal from the decision of the Code Inspector, with the Board of Zoning Appeals, on a form as specified for that purpose.
The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property as recorded in Crawford County Recorder's office.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Crawford County Auditor's current tax list.
(e) Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.
(f) A narrative statement explaining the following:
(1) The use for which variance or appeal is sought.
(2) Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
(3) The specific reasons why the variance or appeal is justified, according to Section 1115.02 (a) to (e) above.
(Ord. 2009-85. Passed 12-8-09.)
1115.04 PUBLIC HEARING BY THE BOARD.
The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after receipt of an application for an appeal from decision of the Code Inspector. At such hearing, any party may appear in person or may be represented by agent or attorney.
(Ord. 2009-85. Passed 12-8-09.)
1115.05 NOTICE OF PUBLIC HEARING.
Before holding any public hearing pursuant to Section 1115.04, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) 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. In addition, written notice of such hearing shall be mailed by the Code Inspector, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include at a minimum, owners and occupants of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the actions of the Board of Zoning Appeals.
In cases of appeal, property owners within 200 feet of the property in question need not be notified.
(Ord. 2009-85. Passed 12-8-09.)
1115.06 ACTION BY BOARD OF ZONING APPEALS.
Within thirty (30) days after the public hearing pursuant to Section 1115.04, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1115.07, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall transmit a written copy of its decision and findings to the Code Inspector, who shall forward such copy to the applicant. If the application is approved, or approved with supplementary conditions, the Board of Zoning Appeals shall 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.
If the request for appeal or variance is denied, the applicant may seek relief pursuant to procedures as cited in the Ohio Revised Code.
(Ord. 2009-85. Passed 12-8-09.)
1115.07 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate and reasonable conditions and safeguards in conformity with this 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 Ordinance and punishable under Section 1119.02 of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1117.01 PURPOSE.
Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning Commission may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this Planning and Zoning Code.
(Ord. 2009-85. Passed 12-8-09.)
1117.02 APPLICATION FOR CONDITIONAL USE.
Any person owning or having an interest in property may file an application to use such property for a conditional use provided for by this Ordinance in the zoning district in which the property is situated. An application for a conditional use shall be filed in triplicate with the Code Inspector, who shall forward a copy to the Planning Commission. The application shall contain the following information:.
(a) All of the information required for a zoning permit, pursuant to Section 1109.03.
(b) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(c) A narrative statement evaluating the effects on adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district.
(d) The names and addresses of all property owners contiguous to, and directly across the street from the property, as appearing on the Crawford County Auditor's current tax list.
(e) Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning Commission.
(Ord. 2009-85. Passed 12-8-09.)
1117.03 GENERAL STANDARDS FOR CONDITIONAL USES.
The Commission shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:
(a) Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of such area.
(b) Seeks to maintain, and will not be hazardous to, the health, safety and welfare of the existing neighborhood, and the total community.
(c) 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 any such services.
(d) Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
(e) 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.
(f) Will have vehicular approaches to the property which shall be so designated as not to interfere with traffic on surrounding public streets or roads.
(g) Complies with any other requirements or standards that are cited under the specific zoning district regulations of this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1117.04 ACTION BY THE PLANNING COMMISSION.
Within sixty (60) days from the date of the application, the Commission shall approve, approve with supplementary conditions as specified in Section 1117.05, or disapprove the application as presented. In rendering its decision, the Commission may contact and seek input from adjacent property owners and/or other interested parties. If the application is approved with supplementary conditions, the Commission shall direct the Code Inspector to issue a zoning certificate listing the specific conditions listed by the Commission for approval. If the application is disapproved, the applicant may seek relief pursuant to other ordinances of the City. If no action is taken by the Commission within the specified time frame, the application shall be considered as approved.
(Ord. 2009-85. Passed 12-8-09.)
1117.05 SUPPLEMENTARY CONDITIONS.
In granting any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformance with this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
1117.06 EXPIRATION AND REVOCATION OF ZONING PERMIT ISSUED UNDER CONDITIONAL USE PROVISIONS.
The approval of the zoning certificate issued in accordance with Section 1117.04 above, shall become null and void if such use is not fully implemented, as evidenced by issuance of a Certificate of Zoning Compliance, within one (1) year after date of approval; however, the Planning Commission may grant an extension of a zoning certificate for a conditional use for an additional period of six (6) months. The Planning Commission may revoke the zoning certificate, if it finds, based upon written evidence by any citizen or official of the City, of violation of this Ordinance and/or written terms and conditions upon which approval was based.
(Ord. 2009-85. Passed 12-8-09.)
1119.01 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The City Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning certificates, subdivision plats, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Code Inspector, and may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.
(Ord. 2009-85. Passed 12-8-09.)
1119.02 VIOLATION.
(a) Violation and Remedies. If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Planning and Zoning Ordinance or any amendment or supplement thereto, City Council, the Mayor or any citizen who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(b) Failure to Obtain a Required Certificate or Approval. Failure to obtain a zoning certificate, Certificate of Zoning Compliance, or other approval as required by specific Sections of this Ordinance shall be a violation of this Ordinance and punishable under subsection (e) below.
(c) Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates. Zoning certificates or other approvals issued on the basis of plans, plats and/or applications authorize only the use, and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in subsection (e) below.
(d) Complaints Regarding Violations. Whenever a violation of this Ordinance is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Code Inspector. The Code Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.
(e) Penalties for Violation. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and be subject to the penalties herein provided.
Penalties as above shall apply unless penalties are defined for specific sections of this Ordinance, in which case the penalties so defined in those sections shall apply.
(Ord. 2009-85. Passed 12-8-09.)
1121.01 INTENT.
Within the districts established by this Ordinance, or amendments hereinafter adopted, there may exist land, structures and/or lots, or uses thereof, which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit such nonconformities to continue until they are removed, but not necessarily to encourage their survival and expansion except as provided herein.
(Ord. 2009-85. Passed 12-8-09.)
1121.02 NONCONFORMING USES.
(a) Continuation. Any use of land, structures or buildings existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was legally existing prior to the establishment of this Ordinance. No nonconforming use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Ordinance.
(b) Substitution. The Planning Commission may allow the nonconforming use of land or a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change in use shall be authorized by the Planning Commission unless the applicant clearly demonstrates that
(1) The existing and proposed nonconforming uses were lawful at the time of enactment of this Ordinance, and
(2) Such substitution is generally compatible with adjacent land use and zoning patterns.
(c) Expansion/Extension. No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(1) The Planning Commission may permit a lawful nonconforming use to be expanded within an existing structure manifestly arranged or developed for such use, provided the applicant clearly demonstrates that such expansion is necessary and incidental to the continuance of such lawful nonconforming use.
(2) The Planning Commission may permit the expansion or extension of a nonconforming use of land, not involving the physical expansion of a building or structure, to an area consisting of one-hundred-twenty-five percent (125%) of the area enclosing the nonconforming use at the time of enactment of this Ordinance, provided such expansion occurs on the same lot as existing on the effective date of this Ordinance. In such cases, the applicant shall clearly demonstrate that the foregoing conditions have been met, that such expansion is necessary and incidental to the continuance of such lawful nonconforming use and that such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
(d) Discontinuance. A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of two (2) years.
(2) When the nonconforming use has been replaced by a conforming use.
(Ord. 2009-85. Passed 12-8-09.)
1121.03 NONCONFORMING STRUCTURES.
Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this Ordinance or amendment hereto and upon which actual building construction has been diligently continued, provided such construction is completed within two (2) years from the effective date of this Ordinance.
(a) Nonconforming Mobile Homes. A nonconforming mobile home, as defined in Chapter 1103 of this Ordinance, located in any district, once removed shall not be relocated on such lot, or replaced with another mobile home. No enlargement, extension or expansion of a nonconforming mobile home, as defined in Chapter 1103, shall be permitted within the City of Galion.
(b) Extension.
(1) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(2) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
(3) Any residential structure which is nonconforming due to the fact of its being in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered, provided it meets the requirements of the most proximate R-District.
(c) Damage and/or Destruction of a Nonconforming Building or Use. When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(1) The restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, unless an extension is requested from and granted by the Planning Commission, and
(2) The damaged or destroyed building was not located in such a manner so as to encroach or intrude on adjacent property, and
(3) Such restoration or rebuilding would not extend or expand the existing use beyond the parameters established in Section 1121.04 below.
If any part of the damaged or destroyed building encroaches or intrudes on adjacent property, the location of the restored or rebuilt structure is subject to approval by the Planning Commission. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of Section 1121.04 shall apply.
(d) Maintenance and Repair. Nothing in this Chapter shall be deemed to prevent normal maintenance and repair of a nonconforming building or structure, or a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use when at least one of the following conditions exist:
(1) When required by law.
(2) To convert to a conforming use.
(3) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
(Ord. 2009-85. Passed 12-8-09.)
1121.04 NONCONFORMING LOTS OF RECORD.
In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum lot area of 3,000 square feet and at least thirty (30) feet frontage on a public right-of-way; and further provided the following conditions are complied with:
(a) If the owner of such lot does not own adjacent property and did not own such property at the time this Ordinance became effective, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three (3) feet.
(b) If the owner of such lot owns two (2) or more adjacent lots, or other adjacent property, such owner shall redivide the property in such a manner that they conform to the minimum width of such lots in the most proximate single-family district. However, if such redivsion would result in lots that exceed width requirement of lots in the most proximate district, such redivision shall provide for one (1) more building lot than would otherwise be allowed.
(Ord. 2009-85. Passed 12-8-09.)