Germantown City Zoning Code
CHAPTER 1145
Administration
1145.01 INTENT.
The intent is to set forth the powers and duties of the Planning Commission, the BZA, the Municipal Council, and the Municipal Manager with respect to the administration of the provisions of this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1145.02 GENERAL PROVISIONS.
The formulation, administration, and enforcement of the Zoning Code is hereby vested in the following offices and bodies within the Municipality of Germantown government:
(a) Municipal Council
(b) Planning Commission
(c) Board of Zoning Appeals
(d) Municipal Manager
(e) Municipal Law Director
(Ord. 00-30. Passed 6-5-2000.)
1145.03 MUNICIPAL MANAGER.
A Municipal Manager designated by the Mayor shall administer and enforce this Zoning Code. He may be provided with the assistance of such other persons as the Mayor may direct.
(Ord. 00-30. Passed 6-5-2000.)
1145.04 RESPONSIBILITIES OF THE MUNICIPAL MANAGER.
For the purpose of this Zoning Code, the Municipal Manager shall have the following duties:
(a) Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.
(b) Respond to questions concerning applications for amendments to the Official Zoning District Map.
(c) Issue Zoning Permits as provided by this Zoning Code, and keep a record of same with a notation of any special conditions involved.
(d) Act on all applications upon which the Municipal Manager is authorized to act by the provisions of this Zoning Code within the specified time or notify the applicant in writing of the Municipal Manager's refusal or disapproval of such application and the reasons therefor. Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit the Municipal Manager's request to the BZA.
(e) Conduct inspections of buildings and uses of land to determine compliance with this Zoning Code, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(f) Maintain in current status the Official Zoning District Map which shall be kept on permanent display in the Municipal offices.
(g) Maintain permanent and current records required by this Zoning Code, including but not limited to, Zoning Permits, zoning certificates, inspection documents, and records of all variances, amendments, and special uses.
(h) Make such records available for the use of the Municipal Council, the Planning Commission, the BZA, and the public.
(i) Review and approve site plans pursuant to this Zoning Code.
(j) Determine the existence of any violations of this Zoning Code, and cause such notifications, or initiate such other administrative or legal action as needed, to address such violations.
(Ord. 00-30. Passed 6-5-2000.)
1145.05 DUTIES OF THE PLANNING COMMISSION.
For the purpose of this Zoning Code the Planning Commission shall have the following duties:
(a) Recommend modifications to the Zoning Code, including text and Official Zoning District Map, to the Municipal Council for formal adoption.
(b) Initiate advisable Official Zoning District Map changes, or changes in the text of the Zoning Code where same will promote the best interest of the public in general through recommendation to the Municipal Council.
(c) Review all proposed amendments to the text of this Zoning Code and the Official Zoning District Map and make recommendations to the Municipal Council as specified in Chapter 1141 Amendments.
(d) Review all Planned Unit Development applications and make recommendations to the Municipal Council as provided in this Zoning Code.
(e) Carry on a continuous review of the effectiveness and appropriateness of this Zoning Code and recommend such changes or amendments as it feels would be appropriate.
(Ord. 00-30. Passed 6-5-2000.)
1145.06 DUTIES OF THE BOARD OF ZONING APPEALS.
For the purpose of this Zoning Code the BZA has the following specific responsibilities:
(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Municipal Manager.
(b) Authorize such variances from the terms of this Zoning Code.
(c) Hear and decide Conditional Uses as set forth in this Section.
(d) Review all special uses and conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1145.07 MUNICIPAL COUNCIL.
The powers and duties of the Municipal Council pertaining to the Zoning Code are as follows:
(a) Approve the appointments of members to the Planning Commission by the Mayor.
(b) Approve the appointments of members to the BZA by the Mayor.
(c) Initiate or act upon recommended amendments to the Zoning Code or Official Zoning District Map. Final action upon a recommended zoning amendment shall be undertaken at a public hearing.
(d) Override a recommendation of the Planning Commission provided that such legislative action is passed by a vote of not less than 3/4 of the Municipal Council.
(Ord. 00-30. Passed 6-5-2000.)
1145.08 SCHEDULE OF FEES.
Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedures. All fees shall be set by the Council upon recommendation of the Municipal Manager.
(a) There is hereby established a park fee to be paid at the time of final plat submittal for all residential developments in the Municipality. The fee shall be one thousand dollars ($1,000) for each lot in a new single family residential development, or for each unit if the development is for a multi-family dwelling. These fees are applicable to mobile homes and other industrially manufactured residential uses.
(b) There is hereby established a pool fee to be paid at the time of final plat submittal for all residential developments in the Municipality. The fee shall be two hundred fifty dollars ($250.00) for each lot in a new single family residential development, or for each unit if the development is for a multi-family dwelling. These fees are applicable to mobile homes and other industrially manufactured residential units.
(c) All fees collected under this section shall be placed in the Parks or Pool Capital Fund and shall be appropriated and administered by the Council.
(d) No zoning permit for the construction of a residential structure in the Municipality shall be issued until the fees provided for in this section are paid.
(e) Park fees set forth in this section shall apply to all approved lots within the Municipality that were approved prior to October 17, 2005. All lots after that date shall comply with requirements set forth in Section 1145.09 et al.
(Ord. 05-80. Passed 11-21-05.)
1145.09 PUBLIC SPACES.
(a) Required Dedication.
(1) The Planning Commission shall specify and require the dedication of a reasonable amount of land for play fields, parks and other open public spaces that may be essential to a proper development of the neighborhood area in accordance with the adopted Master Plan for parks and other open public grounds, as provided for in Ohio R.C. 711.09.
(2) Due regard shall be shown for the preservation of outstanding natural and cultural features, such as scenic spots, watercourses and historic sites.
(3) Table of recreation requirements.
lot area of single family lots | % of total gross acreage of subdivision to be reserved for parkland purposes |
1 acre or greater | 2.5 |
20,000 sq. ft. or greater | 5.0 |
Less than 20,000 sq. ft. | 8.0 |
(4) Multifamily and high-density residential. The Planning Commission shall determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the Zoning Code.
(b) Standards.
(1) Individual parkland sites, as required by this section, shall not contain less than 2.5 acres, unless they adjoin an existing dedicated park.
(2) Disconnected sites or sites with a section with a minimum dimension of less than 60 feet are not acceptable. If possible, parkland sites should follow natural topography or course of land.
(3) Parkland sites shall have a minimum frontage on a public right-of-way of 100 feet and have public water and sanitary sewer service available.
(4) Land to be dedicated for parkland shall be submitted as a single parcel.
(5) Sites for parkland shall be located as to be readily accessible by residents of all portions of the subdivision or plat. Sites shall not be located on major streets. Sites may be located between commercial or institutional activities and residential dwellings, so long as the site remains accessible to residents.
(6) It is recommended that park sites be joined to walkway easements to provide convenient pedestrian access to all portions of the subdivision or plat.
(c) Credit for Private Parkland.
(1) In cases of parkland reserved for exclusive use of residents of a project or for parkland created and maintained by a homeowners association, credit against the requirements of this section may be given. Restrictions for use of the land for park purposes only shall be placed on the subdivision or plat drawing and on deeds for the land. A credit for private parkland shall comply with Section 1145.09 (a) and (b) above.
(d) Fee in Lieu of Dedication.
(1) At the discretion of the Planning Commission, if it is determined that a cash contribution would better serve the public interest, a fee of $1,000.00 per dwelling unit shall be required.
(2) The subdivider, whose required parkland equals less than 1.5 acres shall pay a fee in lieu of dedication of parkland.
(3) The subdivider, whose required parkland is equal to or is greater than 1.5 acres, may be granted the option by the Council with recommendation of the Planning Commission in cases of hardship or sufficient cause of paying a fee in lieu of dedication of the required parkland.
(4) The fee in lieu of dedication shall be the fair market value of the required amount of land as located within the subdivision or plat at its time of recording.
(5) The dedicated fee for parkland shall be used to benefit the residents of the subdivision and placed in a separate park and recreation fund. The use of these funds may be used for a neighborhood, community, or regional park.
(Ord. 05-69. Passed 10-17-05.)