Granville City Zoning Code
CHAPTER 1109
General Provisions
1109.01 PURPOSE.
(a) The purpose of these Subdivision and Development Regulations is to provide for harmonious development within the Municipality by:
(1) Promoting the public health, safety and general welfare of the Municipality;
(2) Providing for growth and development in accordance with adopted plans, zoning regulations, policies and resolutions;
(3) Providing for safe and convenient traffic circulation through the proper arrangement of streets or other rights of way in relation to existing or planned streets or rights of way;
(4) Furthering the orderly layout and use of land;
(5) Securing safety from fire, flood and other dangers;
(6) Providing adequate light and air;
(7) Preventing the overcrowding of land and avoiding undue concentration of population;
(8) Facilitating adequate provision for transportation, water, sewage, stormwater management, open space, schools, parks, playgrounds and other public requirements and facilities;
(9) Facilitating the further resubdivision of larger tracts into smaller parcels of land; and
(10) Minimizing the impact of development to the land and the surrounding ecosystem.
(b) The provisions of these Regulations are made with reasonable consideration of the character of the Municipality with a view of conserving and enhancing the value of buildings placed upon the land, providing the best possible environment for human habitation and encouraging the most appropriate use of land.
(Ord. 21-95. Passed 8-2-95.)
1109.02 VALIDITY AND SEPARABILITY.
If any section, sentence, clause or phrase of these Regulations is found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of remaining portions and provisions.
(Ord. 21-95. Passed 8-2-95.)
1109.03 NAME.
These Regulations shall be known as the Subdivision and Development Regulations for Granville, Ohio. (Ord. 21-95. Passed 8-2-95.)
1109.04 INTERPRETATION.
The provisions of these Regulations shall be held to be minimum requirements for the promotion of health, safety and general welfare of the Municipality.
These Regulations are not intended to repeal, abrogate, annul or in any manner interfere with any existing laws, covenants or rules. However, where these Regulations impose a greater minimum requirement than is required by existing laws, covenants or rules, the provisions of these Regulations shall govern.
(Ord. 21-95. Passed 8-2-95.)
1109.05 COMPATIBILITY.
In addition to the requirements set forth herein and in other applicable sections of the Codified Ordinances of Granville, Ohio, all subdivisions shall conform to all applicable Federal and State regulations, rules and laws. (Ord. 21-95. Passed 8-2-95.)
1109.06 JURISDICTION.
These Regulations shall apply to all subdivisions hereinafter made of lands located in the incorporated area of the Municipality and may be applied to the unincorporated area outside of the Municipality in accordance with the Ohio Revised Code.
(Ord. 21-95. Passed 8-2-95.)
1109.07 TRAFFIC IMPACT OF SUBDIVISIONS.
The Planning Commission shall not recommend nor shall Council approve a subdivision plat unless they find that such subdivision plat provides adequate ingress and egress and does not adversely impact traffic patterns. A traffic impact study shall be conducted to determine the development's impact on municipal street patterns and pedestrian and vehicular traffic flow for any proposed residential subdivision of greater than fifteen (15) units and for any commercial, industrial or institutional developments unless waived by the Planning Commission. The traffic impact study shall include any proposed off-site road improvements determined necessary to alleviate any impact caused by the proposed subdivision or development.
(Ord. 21-95. Passed 8-2-95.)
1109.08 VARIANCES.
(a) Deviations from any of the terms of these Regulations may be recommended to Council by the Planning Commission in specific cases where topographical or other conditions justify such deviations, Such modifications may be granted only if substantial hardship or injustices caused by topographical or other conditions would be experienced by strict compliance to the provisions of this chapter.
(b) Alternatively, deviations from any of the terms of these Regulations may be recommended to Council by the Planning Commission in specific cases where unique conditions or special circumstances make it impractical and infeasible to meet the applicable Regulations. Such modifications may be granted only if the requested variance is not detrimental to the public good, does not substantially impair the intent and purpose of these Regulations, and advances one or more Goals as stated in the Comprehensive Plan. Such a variance request shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical and infeasible to meet the applicable Regulations. The documentation shall show that the applicant has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances and that the alternatives are not feasible or practical. In deciding such a variance request, the Planning Commission and Council shall consider recommendations from the Village Engineer, Village Utilities Director, Village Service Director and/or the Granville Township Fire Chief, as appropriate, regarding the impact of the requested variance on the public good and on the intent and purpose of these Regulations.
(c) Deviations from any of the terms of these Regulations regarding the design, configuration or construction of any infrastructure improvements, including but not limited to streets, paths, sidewalks, water lines, sewer and storm lines, utility or service lines or lighting, may be authorized only by appropriate action of Council.
(Ord. 13-2015. Passed 12-2-15.)
1109.09 RESUBDIVISION.
Whenever any parcel or subdivision which received final approval prior to the effective date of these Regulations is resubdivided and the width, lot lines or the area of one or more lots or the direction and location of any street is altered or modified, the resubdivision shall be submitted to the Planning Commission for approval prior to its recording.
(Ord. 21-95. Passed 8-2-95.)
1109.10 AMENDMENTS.
The Planning Commission may, from time to time, as it considers appropriate, recommend modifications or amendments to these Regulations.
(Ord. 21-95. Passed 8-2-95.)
1109.11 PUBLIC HEARINGS.
The Planning Commission may, on its own motion or upon the petition by any resident of the Municipality or neighboring property owners, prior to acting on a preliminary subdivision plat for any subdivision, hold a hearing thereon at such time and place and upon such notice as the Planning Commission may designate. All interested parties shall be entitled to be heard at such hearing. The Commission shall adopt rules requiring the Zoning Inspector to give written notice by first class mail as evidenced by a certificate of mailing or by personal service to property owners whose land shares a common boundary with the land to be subdivided or is separated there from by a street, road, or alley in those cases where the Commission believes the property owners would have a great interest in the matter. (Ord. 15-08. Passed 1-7-09.)
1109.12 ENFORCEMENT.
The Municipality may institute any appropriate action or proceeding to enjoin or otherwise prohibit any violation of these Regulations or any provision of the Codified Ordinances of Granville or Chapter 711 of the Ohio Revised Code.
(Ord. 21-95. Passed 8-2-95.)
1109.13 FEES AND COST REIMBURSEMENT.
1109.14 COST REIMBURSEMENT.
In addition to the fees established by Section 1109.13
, the subdivider, developer or owner shall pay all costs incurred by the Municipality, as the case may be, to inspect improvements which are installed, and to provide for plat and plan review, including, but not limited to, engineering costs and expenses.
(Ord. 21-95. Passed 8-2-95.)
1109.99 PENALTY.
(a) In addition to any other penalties or actions permitted by law, any subdivider, owner, agent, surveyor, engineer or other person, firm or corporation who violates or assists in violating any part of these Regulations or fails to comply with an order issued pursuant hereto, shall be subject to a Civil Penalty of not more than one thousand dollars ($1,000) for each violation. A separate offense shall be deemed committed each day during or on which an offense occurs or continues. Such sum may be recovered with costs in a civil action in the Court of Common Pleas of Licking County, Ohio, brought by the Law Director in the name of the Municipality and for the use thereof.
(b) Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of these Regulations, including any physical condition created in violation hereof, continues or is committed by such person and shall be punished therefor as provided herein and/or as otherwise established in the Codified Ordinances of Granville, Ohio. (Ord. 21-95. Passed 8-2-95.)