Granville City Zoning Code

TITLE THREE

Zoning Administration

1133.01 INTERPRETATION.

In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Wherever this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Ordinance shall govern. The Zoning Ordinance is intended to be one regulatory "tool" by which the Comprehensive Plan of the Village of Granville is implemented. Interpretive background to this Ordinance may therefore be found within that Plan.

1133.02 VALIDITY AND REPEAL.

(a) Validity. This Zoning Ordinance and the various chapters, sections and paragraphs thereof are hereby declared to be severable. If any article, chapter, section, subsection, paragraph, sentence or phrase of this Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

(b) Authentication. The Council Clerk of the Village is hereby ordered and directed to certify to the passage of this Ordinance. This Ordinance shall be in effect and be in force from and after its passage, approval and publication.

(c) Conflicting Ordinances. In the interpretation and application of this Ordinance, the provisions contained herein shall be held to be minimum requirements, adopted for the promotion of public health, morals, safety and the general welfare. In case of any conflict between this Ordinance, or any part thereof, and the whole or part of any existing or future ordinance of the Village, or the whole or part of any existing or future private covenants or deeds, the most restrictive shall, in all cases, apply.

1133.03 REMEDIES AGAINST UNLAWFUL DECISIONS AND ORDERS.

(a) In addition to other remedies provided by law, the Village may enjoin or take any other action against any administrative decision or order including an appeal under Sections 1139.06 or 1141.06 of the Zoning Code, made or issued under this Zoning Ordinance by Council, the Village Manager, Board of Building and Zoning Appeals, Planning Commission, Zoning Inspector, or other officer, employee, or entity of the Village on grounds that the decision or order is unlawful, arbitrary, unreasonable, not supported by a preponderance of evidence, or an abuse of corporate power, or was procured by misrepresentation, fraud, or corruption. The Village may also attack or avoid any such decision or order on such grounds in any action brought against it or any of its officers, employees, or other entities.

(b) Pursuant to subsection (a) hereof, Council may review any such administrative decision or order upon written request of the Village Manager, Law Director, or Zoning Inspector, or upon its own initiative. The decision to conduct a review shall be made by resolution of Council. A resolution shall indicate the basis for the review and refer to the pertinent legal provisions. Council shall conduct the review as prescribed in Section 1137.01 of this Zoning Ordinance.

(c) Except for cases involving misrepresentation, fraud or corruption, no decision or order shall be reversed, revoked, or modified under subsections (a) or (b) hereof after there has been a substantial change of position, substantial expenditure, or a significant incurrence of obligations in justifiable reliance on the decision or order.

(d) This section confers authority to attack and avoid administrative decisions as set forth in Willoughby Hills vs. C.C. Bar's Sahara, Inc. (1992), 64 Ohio St. 3d 24, and State ex rel. Broadway Petroleum Corp. vs Elyria (1969), 18 Ohio St. 2d 23.

(Ord. 15-08. Passed 1-7-09.)

1135.01 LANGUAGE USE; MEANINGS.

(a) Interpretation of Language. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the Zoning Ordinance. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased" or "intended to be used," and the word "shall" is mandatory and not directory.

(1) "Accessory building" means a building or structure subordinate to the principal building and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Where a structure is attached to the principal building in a substantial manner as by a wall or roof, it shall be considered to be part of the principal building.

(2) "Accessory Dwelling Unit (ADU)" means a building not substantially attached to, but on the same lot with, a primary residence. An ADU must be serviced by public utilities that customarily sustain a residence; and provide for living, sleeping, cooking, and bathroom facilities. An ADU is an ancillary housing unit to the primary residence.

(3) "Accessory use" means a use subordinate to the principal use of land or building and which serves a purpose customarily incidental to the principal use.

(4) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.

(5) "Alley" or "lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.

(6) "Apartment." See "Dwelling, multi-family."

(7) "Apartment house." See "Dwelling, multi-family."

(8) "Aquifer wellhead" refers to those locations where subsurface glacial sand and gravel deposits are present and are the means by which the Raccoon Valley Aquifer is recharged from surface water.

(9) "Automobile or trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles, trailers, farm implements, boats, motorcycles, bicycles, lawn mowers, etc. in operable condition and where no repair work is done.

(10) "Automobile services" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and cleaning of vehicles.

(11) "Automobile service station" or "filling station" means a building or other structure or a tract of land where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is dispensed directly to users of motor vehicles.

(12) "Automobile wash" or "automatic car wash" means a building or structure where mechanical devices are employed for the purpose of washing motor vehicles.

(13) "Base flood" is the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one hundred (100) year flood.

(14) "Basement" means a story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.

(15) "Bed and Breakfast" means a home occupation as defined in Chapter 1181 where the occupants of a dwelling unit provide a sleeping room and breakfast is prepared and served on the premises for remuneration to persons who are not family members.

(16) "Beginning of construction" means the excavation and/or the incorporation of labor and material within the walls of the building or buildings.

(17) "Block." In describing the boundaries of a district the word "block" refers to the legal description. In all other cases, the word "block" refers to the property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.

(18) "Board" means the Board of Zoning and Building Appeals of the Village of Granville, Ohio.

(19) "Boarding house" or "lodging house" means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, where no cooking or dining facilities are provided in individual rooms.

(20) "Booking Service" means any mechanism for a reservation and/or payment service provided by a hosting platform that facilitates a short-term rental transaction between a short-term rental host and a prospective short-term rental guest, and for which the hosting platform collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction.

(21) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced wall(s) extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.

(22) "Building, height of' means the vertical distance from the average contact with ground level at the front wall of the building to the highest point of the roof.

(23) "Building line" means the front yard setback; a line established by this Zoning Ordinance generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located except as may be provided by this Ordinance.

(24) "Business (commercial)" means a concentration of a wide variety of offices and retail establishments located on or at the intersection of arterial streets as specified by the Master Plan.

(25) "Calls for Service Ratio" means the number of calls for service divided by the number of sleeping rooms in service at the short-term rental.

(26) "Calls for Service" means any and all calls, including but not limited to those to law enforcement and/or the fire department, when those calls:

A. Result in a representative being dispatched or directed to the short-term rental;

B. Allege evidence of criminal activity;

C. Result in an arrest, charge or citation; or

D. Find an imminent threat to the health, safety or welfare of person(s) or property.

(27) "Cemetery" means the land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of such cemetery.

(28) "Certificate of Occupancy" means a document issued by the Zoning Inspector consistent with Section 1137.06 of this Zoning Ordinance.

(29) "City or Village" means the municipal corporation of Granville, Licking County, Ohio.

(30) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.

(31) "Commission" means the Planning Commission of the Village of Granville, Ohio.

(32) "Comprehensive Plan" refers to the current "Granville Comprehensive Plan Report" containing background and recommendations on the regulation and use of land, the building of public facilities and the offering of services.

(33) "Conditional use" means a use which more intensely affects the surrounding area in which it is located than permitted uses in the same district. A conditional use permit shall be granted if, upon review of the site plan, the Board of Zoning and Building Appeals determine that all criteria stated in Chapter 1145 have been met.

(34) "Council" means the Council of the Village of Granville, Ohio.

(35) "Court" means an open unoccupied and unobstructed space, other than a yard, on the same lot, with a building or group of buildings.

(36) "Density" used as a unit of measurement, means the number of dwelling units per acre of land.

A. "Gross density" means the number of dwelling units per acre of land to be developed, including that area in publicly dedicated land or retained in private ownership.

B. "Net density" means the number of dwelling units per acre of land exclusive of that area in publicly dedicated land, streets and easements.

(37) "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or storage of equipment and materials.

(38) "Developmental disability" means a disability that originated before the attainment of eighteen years of age and which can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or requires similar treatment and services.

(39) "Director" means the director of the Village of Granville Planning Department, or his or her authorized designee.

(40) "District" means all properties of the same use, height and area classification which adjoin or are continuous without intervening property or another classification, regardless of any street, alley, easement or reserve that may intervene. Separate districts include the Village Districts, the Community Service District, the Suburban Residential District, the Open Space District, the Institutional District, the Planned Development Districts, and such other districts as are specified in Title Five of this ordinance, as indicated by the official Zoning Map. For a detailed definition, see the statement of purpose of each respective district.

(Ord. 01-2022. Passed 2-2-22.)

(40.5) "Drive-Through" means a food service window where items may be ordered on-site through a point of sale, either at a window, kiosk, or menu board, and subsequently paid for and delivered through the window. This shall be considered synonymous with drive-ins and drive-ups, and found elsewhere in this code. (Ord. 10-2023. Passed 4-19-23.)

(41) "Driveway" means any improved or unimproved area used for vehicular travel and serving as an area of access, entrance, exit, or approach from any street to any parcel of land, regardless of public or private ownership.

(42) "Dwelling, manufactured off-site, or manufactured home," also referred to as "pre-engineered or prefabricated unit" means an assembly of materials or products comprising all or part of a total structure which when constructed and installed, constitutes a dwelling unit, except for necessary preparations for its placement.

(43) "Dwelling, mobile home" means a portable dwelling designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway.

(44) "Dwelling, multi-family" means a building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.

(45) "Dwelling, single-family" means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.

(46) "Dwelling, two-family" means a building consisting of two dwelling units which may be either attached side by side or one above the other, each unit having either a separate or combined entrance or entrances.

(47) "Dwelling unit" means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.

(48) "Easement" means an interest in land owned by another that entitles its holder to a specific limited use or enjoyment.

(49) "Employee" means any person who earns qualifying wages, commissions or other type of compensation from the owner or operator of a short-term rental property in connection with its operation or maintenance.

(50) "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

(51) "Family" means two or more persons related by blood, adoption, marriage, guardianship or foster parent contract, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding three exclusive of household servants living together as a single housekeeping unit but not related by blood, adoption, marriage, guardianship or foster parent contract shall be deemed to be a family. A number of persons with developmental disabilities not exceeding six, exclusive of not more than two house parents and employees caring for the persons with developmental disabilities, living together as a single housekeeping unit but not related by blood, adoption, marriage, guardianship or foster parent contract residing in a dwelling unit which meets all specifications for a family model home shall be deemed to be a family.

(52) "Family model home, group home, or community residence" means a dwelling unit occupied as a home that provides room and board, personal care, habilitation services and supervision in a family setting for not more than six persons with developmental disabilities, exclusive of not more than two house parents and employees caring for the persons residing there with developmental disabilities, and licensed and regulated by the Ohio Department of Mental Retardation and Developmental Disabilities.

(53) "Fence" Any artificially constructed barrier of any permitted material or combination of materials erected to enclose, screen properties, or to provide protection, and as a means of designating a property boundary.

(54) "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.

(55) "Flood insurance rate map" (FIRM): An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.

(56) "Flood insurance study" is the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevation of the base flood.

(57) "Flood plain" means any land area susceptible to being inundated by water from any source. The flood plain includes the floodway and floodway fringe as designated by the effective Flood Hazard Map and any amendments made to the map thereof.

(58) "Flood recurrence interval" means the average interval of time, based upon a statistical analysis of actual or representative stream flow records, which can be expected to elapse between floods equal to or greater than a specified flood.

(59) "Flood proofing" means any combination of structural and nonstructural additional changes, modifications or adjustments to properties and structures primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.

(60) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

(61) "Floodway fringe" means those lands, from the floodway boundary line to the floodway fringe boundary line as designated in the effective Flood Hazard Map and any amendments made to the map thereof, subject to inundation by the 100-year recurrence interval flood.

(62) "Floodway obstruction or obstruction in a floodway" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, structure, wire fence, rock, gravel, refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting water-borne debris, or that is placed where the flow of water would carry the same downstream to the damage or detriment of life or property.

(63) "Floor area" is the sum of the gross horizontal areas of those spaces designed for living, sleeping, eating, and cooking purposes. Garages, porches, attic space, and living areas which are located below grade an average of four (4) feet shall not be included in the definition of floor area. Calculations of floor areas shall be made from the exterior face of the enclosing walls at the respective floor line, and where applicable, the centerline of party walls. The "lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, parking access, or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is built in accordance with the applicable design requirements for enclosures below base flood elevation specified in this ordinance.

(64) "Frontage to the public right-of-way" is the length of a property line which abuts a legally accessible street right-of-way.

(65) "Garage or car port, private" means a detached accessory building or a portion of the principal building used by the occupants of the premises for the storage of self-propelled vehicles or trailers.

(66) "Garage, public" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.

(67) "Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions for sleeping and access to a full bath.

(68) "Home occupation" means an occupation, profession, activity, or use that is clearly an incidental, secondary, and customary use of a residential dwelling unit which does not alter the exterior character or appearance of the dwelling (except as may be specifically defined by these regulations), and which is carried on solely within the main dwelling. Refer to Chapter 1181.

(69) "Hospital" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and who are in need of medical or surgical attention, and who are provided with board or room or kept overnight on the premises.

(70) "Hosting Platform" means a person or entity that participates in the short-term rental business by providing and collecting or receiving a fee for booking services through which a short-term rental host may offer a short-term rental to a short-term rental guest. Hosting platforms usually, though not necessarily, provide booking services through an online platform that allows a short-term rental host to advertise the short-term rental through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential short-term rental guest reserves a guestroom(s) and arranges or makes payment, whether the short-term rental guest pays rent directly to the short-term rental host or to the hosting platform.

(71) "Hotel, motel, and apartment hotel" mean a building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, fraternity, sorority or dormitory which are separately defined.

(72) "Industry" means the storage, repair, manufacture, preparation or treatment of any materials or products through processes which may involve hazardous materials or working conditions requiring separation from other uses of land.

(73) "Junk or salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.

(74) "Kennel or cattery" means any lot or premises on which four or more domesticated animals more than four months of age are either commercially housed, groomed, bred, boarded, trained or sold.

(75) "Land Use Plan" means the long-range plan for the desirable use of land in the Village, as officially adopted and as amended from time to time by the Village Council; the purpose of such plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings. The Land Use Plan is a component part of the officially adopted Comprehensive Plan of the Village of Granville,

(76) "Light industrial" means industrial activities which are generally free of nuisance from noise, dust, smoke, odor or vibration.

(77) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

(78) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, or by metes and bounds.

(79) "Lot, corner" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the side lot lines to the foremost depth of the lot meet at an interior angle of less than 135 degrees. Irrespective of building orientation, on a corner lot the setback for the front yard for that use shall apply to all sides of a lot having frontage on publicly dedicated rights-of-way.

(80) "Lot coverage" means the ratio of the enclosed ground floor area of all buildings on a lot to the area of the lot as a whole, expressed as a percentage. However, in certain zoning districts, "lot coverage" may include other uses such as driveways, parking or loading areas.

(81) "Lot line, front" means the lot line separating an interior lot from the street right-of-way upon which it abuts or the lot line of a corner lot which abuts upon a street right-of-way. Unless the context clearly indicates the contrary, front lot line means the street right-of-way line.

(82) "Lot line, rear" means that lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the rear lot line is opposite and most distant from the front lot line of least dimension.

(83) "Lot line, side" means any lot line which is not a front or rear lot line. On a corner lot, a side lot line may be the street right-of-way line.

(84) "Lot measurement"

A. "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.

B. "Lot width" means the width of a lot at the building setback line measured at right angles to its depth.

(85) "Lot, minimum area of' means the area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare. (Ord. 15-08. Passed 1-7-09.)

(86) "Lot of record" means a lot which is part of the original Village Plat or a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded and as established prior to January 1, 2014. (Ord. 01-2014. Passed 2-19-14.)

(87) "Manager" means the general manager, shift manager, or any person in any supervisory position regarding the operation of a short-term rental property.

(88) "Manufacturing" means the making of articles, products or goods by hand or by machinery on a scale requiring the division of labor, within an industrial environment or use of land.

(89) "Mineral" means any material quarried, mined or otherwise extracted from the earth intended to be used as a commercial product.

(90) "Mobile home." See "Dwelling, mobile home."

(91) "Mobile home park or manufactured home park" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent. "Mobile home park or manufactured home park" shall exclude any manufactured home park as defined in Ohio R.C. 3733.01 for which the Public Health Council has exclusive rule-making power.

(92) "Nonconforming use" means the use of land or a building, or a portion thereof, that does not conform to the use regulations of the district in which it is situated (see Section 1149.01).

(93) "Nursery (day care center)" means a facility which temporarily assumes responsibility for three (3) or more children in their parent's absence.

(94) "Nursery (plant materials)" means a space including accessory buildings or structures for the growing or storage of live trees, shrubs or plant materials which may be offered for retail sale on the premises, including products used for gardening or landscaping.

(95) "Nursing home" includes convalescent and extended care facilities, and means an establishment which specializes in providing necessary services to those unable to be responsible for their selves.

(96) "Open space" means that part of a zoning lot, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning lot. "Open space" also means natural scenic land areas or land areas that are characterized by a rural quality having an absence of development or as defined by surrounding development.

(97) "Operator" means any natural person who operates a short-term rental in a capacity to facilitate the offering of guestrooms to guests.

(98) "Overlay district" is a second set of guidelines and regulations applied to any part or all of an original zoning district or districts. The overlay district regulations may further restrict or interpret the number or types of uses allowed, as well as the way permitted activities may be designed, developed or operated within the overlay district boundaries. The overlay districts are designated on the Village's official zoning map.

(99) "Owner" means a corporation, firm, partnership, association, organization and any other group acting as a unit, or a person who has legal title to any structure or premises with or without accompanying actual possession thereof, and shall include the duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the premises.

(100) "Parking area, private" means an open area for the same uses as a private garage.

(101) "Parking area, public" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

(102) "Parking space" means a hard surfaced area made of all-weather, durable, dustless, asphaltic or cement pavement of not less than 200 square feet, either with a structure or in the open, exclusive of driveways or access drives for the parking of one motor vehicle.

(103) "Performance standard" means criteria established to guide, regulate and protect the public in their uses of land.

(104) "Permanent Occupant" means a person who resides in a dwelling more than 51% of the time during a calendar year, and the dwelling in which a person so resides shall be referred to as their primary residence.

(105) "Permitted use" means a class of specific uses of land and/or structures which is allowed by right within a designated zoning district, provided there is conformance to site development and other criteria as specified within this Zoning Ordinance. (Ord. 01-2022. Passed 2-2-22.)

(105.5) "Pick-Up Window" means a food-service window through which pre-ordered and pre-paid items may be picked up, with no point-of-sale or menu kiosk. This shall be considered separate from drive-through windows and service windows as defined elsewhere in this Code.

(Ord. 10-2023. Passed 4-19-23.)

(106) "Planned development" or "planned unit development:" a development of land that is under unified control and is planned and developed as a whole or a single development operation or programmed series of development stages, which may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. Refer to Chapter 1171.

(107) "Primary Residence" means a dwelling which is the usual place of return for housing as documented by at least two of the following: motor vehicle registration, driver's license, tax documents, lease copy or a utility bill. An owner or permanent occupant can only have one primary residence.

(108) "Property Manager" means the owner or owner's agent of a short-term rental in the Village Business District who offers the short-term rental for temporary lodging, for a fee, for less than thirty (30) consecutive days and manages its operation.

(108.5) “Private School” and "Non-Public School" :

A. “Private School” means an educational institution other than a public school which offers instruction in the several branches of learning and study required to be taught in the public schools or where instruction is given in the vocational, professional, or recreational fields.

B. “Non-Public School” means a school that is not maintained by a public school corporation. The term includes, but is not limited to, any private school, any parochial school, or any school where instruction is given in the vocational, professional, or recreational fields.

(109) "Public right-of-way (ROW)" is a strip of land occupied or intended to be occupied by a street, sidewalk, water, sewer, gas or electrical service.

(110) "Recreational vehicle" means a travel trailer, motor home, truck camper, fifth wheel trailer, and park trailer as defined in the Ohio Revised Code.

(111) "Research activities" means research, development or testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation or engineering.

(112) "Rooming house" means a dwelling occupied by an owner and three or more rent-paying persons, by a duly authorized agent of an owner and three or more rent-paying persons, or by four or more persons unrelated by blood, adoption, marriage, guardianship or foster parent contract. A family model home as defined in this section shall not be deemed to be a rooming house.

(113) "School," means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the schools by the applicable laws of the State.

(Ord. 01-2022. Passed 2-2-22.)

(113.5) "Service Window" means a window where non-food and non-beverage items may be picked up, or other such services provided.

(Ord. 10-2023. Passed 4-19-23.)

(114) "Short-Term Rental Guest" means a person renting temporary lodging from a short-term rental host, or through a hosting platform on behalf of the short-term rental host, for a fee, for less than thirty (30) consecutive days.

(115) "Short-Term Rental Host" means the owner, operator, or permanent occupant of a short-term rental who offers the short-term rental for temporary lodging, for a fee, for less than thirty (30) consecutive days and manages its operation.

(116) "Short-Term Rental" means any dwelling or guestroom that is rented in whole or in part for less than thirty (30) consecutive days for temporary lodging of persons other than the permanent occupant or owner, from which the permanent occupant or owner receives monetary compensation. A traditional bed and breakfast, which is permitted and regulated as a Home Occupation under Chapter 1181 of the Planning and Zoning Code, is not a short-term rental for purposes of this chapter. A boarding house or lodging house, a rooming house, and a hotel, motel or apartment hotel, all of which are separately defined in Section 1135.01, are not short-term rentals for purposes of this chapter. Accessory dwelling units in use prior to January 1, 1978 are considered existing nonconforming uses and are not subject to the provisions of this chapter, but are subject to all other applicable provisions of the Planning and Zoning Code.

(117) "Sign" means any device as defined in Section 1189.02(a).

(118) "Stable, commercial" means a stable for horses, donkeys, mules or ponies which are let, hired, used or boarded on a commercial basis.

(119) "Stable, private" means an accessory building for the keeping of horses, donkeys, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.

(120) "Start of construction" is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

(121) "Story" means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(122) "Street" or "thoroughfare" means a public or private way for the purposes of vehicular travel, including the entire area within the right-of-way.

(123) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.

(124) "Structure" means anything constructed, erected, or fabricated, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground and shall include any building erected for the purpose of storage even if such building does not require permanent location on the ground or attachment to something having such location.

(125) "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. "Substantial improvement" includes structures which have incurred "substantial damage", regardless of the actual repair work performed. "Substantial improvement" does not however, include:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;

B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or

C. Any improvement to a structure which is considered new construction.

(126) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

(127) "Village Manager" is the chief executive and administrative officer of the Village of Granville, and shall have such powers and duties as are assigned by the Village Council and by law, which powers and duties may in turn be exercised by the Manager or his/her designee.

(128) "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

A. "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

B. "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

C. “Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

(129) "Zoning Permit" means a document issued by the Village Manager or his/her designee authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions. A "zoning permit" includes an architectural permit where such is required by this Zoning Ordinance.

(130) "Zoning Inspector" means the Zoning Inspector of the Village of Granville, or his/her authorized representative.

(131) "Zoning map" means the Zoning Map of the Village of Granville, together with all amendments subsequently adopted.

(Ord. 01-2022. Passed 2-2-22; Ord. 04-2024. Passed 2-21-24.)

1137.01 COUNCIL POWERS AND DUTIES.

(a) With respect to the administration and enforcement of this Zoning Ordinance, the Official Zoning Map and the Subdivision Regulations, Council:

(1) May initiate and enact amendments to this Ordinance, the Official Village Zoning Map and the Subdivision Regulations and may submit such amendments to the Planning Commission for recommendation and review.

(b) With respect to the administration and enforcement of decisions of the Planning Commission and Board of Zoning and Building Appeals related to appeals, review hearings and Development Plans, Council:

(1) Shall hear and decide appeals from decisions of the Planning Commission and Board of Zoning and Building Appeals and conduct reviews of administrative decisions and orders, as hereinafter provided.

(2) Shall, upon recommendation of the Planning Commission under Section 1171.04 (a) of this Zoning Ordinance, hear applications for approval of Development Plans in Planned Development Districts, as hereinafter provided.

(c) With respect to the process for appeals, review hearings and Development Plans in subsection (b) above, the procedure shall be as follows:

(1) Upon receipt of a notice of appeal or upon receipt of a resolution for review, the Village Clerk shall direct the person, board or commission whose decision is being appealed or reviewed to submit to the Clerk all materials submitted to the person, board, or commission, or considered in reaching its decision or making the order. Upon receipt of an application for approval of a Development Plan, the Clerk shall proceed directly under subsection (e) hereof.

(d) When the appeal is from a decision or order of the Planning Commission or Board of Zoning and Building Appeals, the appellant shall file a letter indicating their reason for appealing the decision of the Commission or Board and shall file the transcript or parts thereof he/she intends to include in the record with the Clerk as soon as it or they are made available. For reviews of Council's prior administrative decisions, the Clerk shall obtain the findings of fact required by subsection (k) hereof and a transcript of the proceedings, if available. For appeals and reviews of other administrative decisions and orders, the Clerk shall obtain any findings of fact and transcript or parts thereof from whatever record is available.

(e) For appeal and review hearings, the Clerk shall forward any findings of fact and a copy of the minutes of the subject meeting to Council along with all pertinent materials submitted to or considered in reaching the decision or making the order and serve the same copy received by Council upon the appellant or person requesting the review or appeal. The Clerk shall also serve notice by personal service or ordinary mail as set forth in subsection (f) hereof, of the date and time scheduled for the appeal to be received by the Council to all adjacent and contiguous property owners and upon any other person identified in the record who was permitted to appear and be heard.

(f) At the next regularly scheduled Council meeting following service by the Clerk under subsection (e) hereof, the hearing shall be scheduled. The Council hearing may be scheduled to be held at either of the next two immediately subsequent regularly scheduled Council meetings after the meeting at which the appeal was received. The Clerk shall serve notice of the date and time of the hearing upon all persons entitled to notice under subsection (e) hereof by personal service or ordinary mail. The notice shall state the date, time and place of the hearing, the name of the applicant, and the nature of the application. A hearing may be continued as needed to receive all testimony and evidence or for the purpose of deliberations and discussions.

(g) The following persons may appear at hearings as parties and be heard in person or by attorney:

(1) In appeal hearings: any party to the hearing before the Board or Commission; and any person who claimed a right but was not permitted to appear and be heard at the hearing before the Board or Commission, but only after Council determines that his/her exclusion was error.

(2) In all review hearings: any party to the last hearing held on the decision or order prior to the review hearing; and any person who claimed a right but was not permitted to appear and be heard at the last hearing prior to the review hearing, but only after Council determines that his/her exclusion was error;

(h) A person authorized to appear and be heard may:

(1) Present his or her position, arguments, and contentions;

(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;

(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;

(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;

(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by Council.

(i) Hearings are open to the public but are not public hearings. Any witness offering testimony or presenting evidence at the hearing shall be placed under oath by the Mayor prior to offering testimony or evidence. In any hearing on a decision or order of the Board of Zoning and Building Appeals or Planning Commission, the Board or Commission shall be represented by the Law Director or such other counsel as determined appropriate by action of Council. All hearings shall be recorded by tape recorder or other electronic means. The Village Manager may have a hearing transcribed by court reporter.

(j) Following a hearing, Council may affirm, reverse, modify or remand for further proceedings the decision or order appealed from or under review. Following a hearing on a Development Plan, Council shall approve, approve with modifications, or disapprove the Plan, or may remand the application to the Planning Commission with instructions for further review under Section 1171.04 (a).

(k) Council shall make a decision not later than the next regularly scheduled Council meeting following the conclusion of its hearing. Within forty-five days, it shall formalize its decision in writing, including in the decision findings and conclusions of fact. The Village Clerk shall serve the decision upon all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing by personal service or ordinary mail.

(l) The date of service of the Clerk shall represent the commencement of the time for further appeal in all cases, except those in which Council approves a Development Plan, with or without modifications.

(m) If Council approves a Development Plan, with or without modifications, it shall formalize its approval by Ordinance, as set forth in Article III of the Charter of the Village of Granville. The effective date of such ordinances shall represent the commencement of the time for appeal of the decision.

(Ord. 11-2012. Passed 7-18-12.)

1137.02 ENFORCEMENT BY ZONING INSPECTOR.

There is hereby established the office of Zoning Inspector, who shall be appointed by the Village Manager. The Zoning Inspector shall enforce this Zoning Ordinance, and shall have the following duties and authority:

(a) To recommend granting or denying zoning permits as provided for, and in accordance with, this Zoning Ordinance;

(b) To revoke any permit as set forth in this Zoning Ordinance;

(c) As provided in Section 1137.10 of this Zoning Ordinance, to issue a stop order against the construction or further construction of any building or structure, or the use of any building, structure, or land, that the Zoning Inspector reasonably believes is taking place in violation of any provision of this Zoning Ordinance or any other Ordinance of the Village, or that is taking place without a zoning or occupancy permit or in violation of any of the terms or conditions of an existing permit;

(d) To recommend to the Manager action for an injunction to prevent any violation of this Zoning Ordinance;

(e) To recommend to the Manager prosecution for any violation of this zoning ordinance.

(f) To collect the designated fees as set forth in this Zoning Ordinance for applications and permits;

(g) To make and keep all records necessary and appropriate to the office, including records of the issuance, denial, and revocation of all permits and the receipt of complaints of violation of the zoning law and action taken on the same;

(h) To inspect any building, structure, or land to determine whether any violations of this Zoning Ordinance have been committed or exist.

(Ord. 15-08. Passed 1-7-09.)

1137.03 ZONING PERMITS.

(a) Zoning Permits Required. A zoning permit shall be required for, and shall be obtained prior to undertaking or beginning, any of the following:

(1) The alteration, construction, conversion, creation, or extension, in whole or in part, of any building or structure, or the location or placement of any structure on land;

(2) A change, in whole or in part, in the use of any existing building, structure, or land;

(3) The occupancy and use of vacant land;

(4) The grading, excavating, or filling of land;

(5) A change, in whole or in part, of a lawful nonconforming use;

(6) The demolition of any building or structure within the Village;

(7) As required by other provisions of this Zoning Ordinance.

(b) Issuance of Permit. The Zoning Inspector shall recommend issuance of a Zoning Permit by the Manager if he/she is satisfied that the plans, specifications, and the intended use of the property conform to the requirements of this Zoning Ordinance and to any other applicable Ordinances of the Village, and that the proposed methods of water supply and disposal of sanitary waste conform with all the requirements of this Zoning Ordinance, subject to approval by the Planning Commission where the Ordinances so require. Before issuance of a permit, the Village Manager or his/her designee shall review and approve capping of any vacated utility service.

(c) Scope of Permit. A zoning permit authorizes the use of the property in accordance with the terms of the application for the permit, the approved plans, and the terms, conditions, and requirements specified for the issuance of the permit.

(d) Lapse of Permit. Any permitted excavation, demolition, or construction must start within twelve months and be completed within twenty-four months after the date of final approval, except in Planned Development Districts. This time period may be extended only on the showing of exceptional circumstances by specific written request to the Village Manager. The written request for extension must explain the reasons for the request.

(e) Appeal. The issuance or denial of a permit under this section may be appealed to the Board of Zoning and Building Appeals, as provided in Section 1139.04 (a) of this Zoning Ordinance. (Ord. 15-08. Passed 1-7-09.)

1137.04 FILING PLANS.

Unless otherwise noted within this Zoning Ordinance, every application for a Zoning Permit shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected in the case of a proposed new building or structure, or already approved building or structure, as would substantially alter its appearance; drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; proposed utility services and lot drainage; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Zoning Ordinance.

(Ord. 15-08. Passed 1-7-09.)

1137.05 CERTIFICATE OF HEALTH OFFICER.

In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a Certificate of Approval by the responsible Health Officer as to the proposed method of water supply and/or disposal of sanitary wastes. (Ord. 15-08. Passed 1-7-09.)

1137.06 CERTIFICATE OF OCCUPANCY.

(a) Certificate of Occupancy. No owner, lessee or tenant shall occupy, permit to be occupied, convey, or offer for sale or lease any building, structure, building or land, or part thereof, hereafter erected, created, altered, converted, enlarged or improved unless a certificate of occupancy has been issued by the Zoning Inspector after review and inspection by the Zoning Inspector and Water, Wastewater and Service Department Directors.

(b) Application for Certificate. The property owner or contractor must request the certificate of occupancy ten (10) days prior to the earliest date of occupancy. Such certificate of occupancy shall show and certify that such building, structure or land is in compliance with all provisions of the Codified Ordinances of Granville, in respect to such building, structure or land. No certificate of occupancy shall be issued without appropriate approval as to any improvements required whether such improvements are required by the Municipal Engineer, Planning Commission, Council or otherwise. No certificate of occupancy shall be issued by the Zoning Inspector without certification from the Income Tax Commissioner that all proper tax registrations and disclosures have been completed.

(c) Appeal. The denial of an occupancy permit under this section may be appealed to the Board of Zoning and Building Appeals, as provided in Section 1139.04 (a) of this Zoning Ordinance. (Ord. 15-08. Passed 1-7-09.)

1137.07 FEES.

Fees shall be charged in accordance with resolutions and ordinances of the Village Council, and shall be set at a rate sufficient to cover the costs of the administration and regulatory implementation of this ordinance. The application fees must be paid at the time of application, otherwise the application is not complete. (Ord. 15-08. Passed 1-7-09.)

1137.08 VIOLATIONS; REMEDIES.

(a) Except as otherwise permitted by this Zoning Ordinance, no person, without first having obtained a zoning permit, shall do any of the following;

(1) Alter, construct, convert, create, or extend, in whole or in part, any building or structure, or locate or place any structure on land;

(2) Change, in whole or in part, the use of any existing building or structure or the use of any land.

(3) Perform any exterior modification or structural alteration of any building or structure within the Architectural Review Overlay District.

(b) No person shall do any of the following:

(1) Use or permit the use of, any structure, building, or land, or part thereof, in violation of this Zoning Ordinance;

(2) Violate any term, condition, or requirement of a zoning permit, occupancy permit, approved variance, or conditional use permit;

(3) Disobey or disregard any written lawful order of the Zoning Inspector;

(4) Continue to use any structure, building, or land in violation of this Zoning Ordinance after a zoning permit has been revoked.

(5) Demolish any building or structure within the Architectural Review Overlay

District without obtaining a demolition permit.

(c) If a building or structure is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, converted, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, Council, the Law Director, Village Manager or his/her designee, or any adjacent or contiguous property owner may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, enlargement, change, 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, demolition, business or use in or about such premises.

(Ord. 15-08. Passed 1-7-09.)

1137.09 PENALTY.

Whoever violates any provision of Section 1137.08 of this Zoning Ordinance, or any other provision of this Zoning Ordinance, for which no other penalty is provided, shall be fined not more than five hundred dollars ($500.00) per day. Each day during which violation continues shall be deemed to be a separate offense. (Ord. 15-08. Passed 1-7-09.)

1137.10 STOP ORDERS AND REVOCATION OF PERMITS.

(a) Stop Orders. The Zoning Inspector, after consultation with the Village Manager, may issue a stop order against the construction or alteration or further construction or alteration of any building or structure, or the use or continued use of any building, structure, or land, that the Zoning Inspector reasonably believes is taking place in violation of any provision of this Zoning Ordinance or any other Ordinance of the Village, or that is taking place without a zoning or occupancy permit or in violation of any of the terms, conditions, or requirements of an existing permit.

(b) Revocation of Permit. The Zoning Inspector, after consultation with the Village Manager, may revoke a zoning permit when the Zoning Inspector reasonably believes that the use of the property constitutes a violation of or a failure to comply with any of the terms, conditions, or requirements of the existing permit.

(c) Hearing Procedures. At the time of taking any action under this Section, the Zoning Inspector shall provide the occupant, if any, and the record owner of the property with written notice of the reasons for the action so taken and that a hearing may be requested before the Zoning Inspector. Notice to the owner shall be by personal service on the owner or, if not possible, by certified mail sent to the last known address of the owner. If a hearing is requested in writing, the hearing shall be held within two (2) business days of receipt of the request for the hearing. After hearing the matter, the Zoning Inspector shall affirm, modify or vacate the stop order or the order that revoked the permit. This decision will be sent in writing by certified mail explaining the decision and the occupant's rights of appeal.

(d) Appeal. The issuance of a stop order or the revocation of a permit under this section may be appealed to the Board of Zoning and Building Appeals as provided in Section 1139.04 (a) of this Zoning Ordinance. (Ord. 15-08. Passed 1-7-09.)

1139.01 ORGANIZATION.

The Board of Zoning and Building Appeals as constituted at the time of enactment of this Zoning Ordinance shall continue in power. The Board shall consist of such members as provided by Section 8.02 of the Charter. Vacancies shall be filled for the remainder of the unexpired terms.

1139.02 PROCEDURE.

The Board of Zoning and Building Appeals shall adopt its own rules and elect its officers annually: a chairperson, vice-chairperson and secretary from its membership. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Board's examinations and other official actions, all of which are to be filed in the office of the Village and become public record. The secretary shall conduct all official correspondence and supervise the clerical work of the Board. The duties of the secretary may be delegated to the Village Manager or his/her staff. Notices of hearings and decisions of the Board shall be communicated directly to the property owners affected and to the people of the Village through news media and bulletin boards.

1139.03 QUORUM.

A simple majority in attendance of the Board of Zoning and Building Appeals shall constitute a quorum. The Board shall act by resolution; and the concurring vote of a majority of the Board shall be necessary to reverse any order, requirements, decision or determination of the Commission or office from which there has been an appeal.

1139.04 POWERS; DUTIES OF THE BOARD OF ZONING AND BUILDING APPEALS.

The Board of Zoning and Building Appeals shall:

(a) Review and decide appeals on decisions or orders made by the Zoning Inspector or other administrative officers governing zoning and building in the Village. An appeal to the Board may be taken by:

(1) The owner of property that is the subject of the decision or order;

(2) The owner of adjacent or contiguous property to the property that is the subject of the decision or order;

(3) Any other person who claims a direct, present injury or prejudice to a personal or property right or interest because of the decision or order.

Such appeal shall be taken within ten days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector or Village Manager shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.

(b) Review to approve, disapprove, or approve with modifications, variances as provided for in Chapter 1147 , from the provisions of this Zoning Ordinance and to attach to the variance whatever conditions that are deemed necessary to meet the objectives of this Ordinance.

(c) Review to approve, disapprove, or approve with modifications the Zoning Inspector's decision or interpretation of the official Zoning Map and Zoning Code text. In any case where a question exists as to the location of any boundary line between zoning districts, or where the streets or lot layouts actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board, after notice to the owners of the property or properties concerned, and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Code.

(d) Review to approve, disapprove, or approve with modifications, applications for conditional use as provided for in Chapter 1145 and to attach to such conditional use whatever conditions are deemed necessary to meet the objectives of this Ordinance.

(e) Review to approve, disapprove, or approve with modifications, applications for substitution of a nonconforming use as provided in Chapter 1149 and to attach to such substitution whatever conditions are deemed necessary to meet the objectives of this Ordinance.

(f) If a majority of the members of the Board decides that the Board needs legal counsel for any public or administrative hearing that the Board is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel. If Council approves the request, it shall direct the Law Director to select counsel for the Board, subject to the financial approval of the Village Manager.

(Ord. 11-2012. Passed 7-18-12.)

1139.05 DECISIONS OF THE BOARD OF ZONING AND BUILDING APPEALS.

(a) All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant.

(b) Notice of the date and time set for the hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be by ordinary mail as evidenced by a certificate of mailing or by personal service at least ten days prior to the hearing date. The notice shall state the date, the time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal. The failure of delivery of such notice shall not invalidate any decision by the Board related to the hearing. The Board may continue an on-going hearing from date to date without additional notice. A sign indicating the type of application as well as the date and time for the hearing shall also be posted on the subject property at least ten (10) days prior to the hearing date.

(1) The applicant or appellant;

(2) The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;

(3) The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and

(4) Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice will occur if the application is approved or denied.

(d) A person authorized to appear and be heard may:

(1) Present his or her position, arguments and contentions;

(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;

(3) Cross-examine witnesses purporting to refute his or her position, arguments, and contentions;

(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;

(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Board.

(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Board, at its option, may have a hearing transcribed by court reporter.

(f) The Board shall decide all applications and appeals within sixty days after the conclusion of the hearing, unless waived by the applicant or appellant. The decision of the Board shall be in writing, shall be accompanied by findings of fact and statement of reasons for the decision reached. The decision shall be filed in the Village Office and become a part of the public record. The Village Clerk shall serve a certified copy of the Board's decision by personal service or ordinary mail on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector.

(g) The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized.

(Ord. 11-2012. Passed 7-18-12.)

1139.06 APPEALS FROM DECISIONS OF THE BOARD OF ZONING AND BUILDING APPEALS.

All persons who received notice under Subsection (f) of 1139.05 may appeal a decision of the Board of Zoning and Building Appeals to Council. The Village Manager may also appeal any such decision to Council. The appeal shall be filed with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or ordinary mail. At the time of filing the notice of appeal, the appellant shall submit in writing their reason for the appeal and may request a copy of the official record. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion. A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.

(Ord. 11-2012. Passed 7-18-12.)

1141.01 ORGANIZATION.

There shall be a municipal Planning Commission consisting of such members as provided under Section 8.01 of the Charter.

1141.02 MEETINGS.

The Planning Commission may meet at the request of the Village Manager or Planning Commission chairperson or upon written notice by two or more of its members; in all cases such request or notice shall be given at least twenty-four hours prior to the meeting time. Such written notice from Planning Commission members shall be given to all available members of the Commission and the Village Manager and his/her designee. Such written notice must specify the item or items on the agenda. All meetings shall be public and public records shall be kept of all proceedings indicating the vote of each member on each issue, the members present or absent, and the facts of each case and other minutes of the meeting, a copy of which shall be sent to each member of Council. The chairperson or vice-chairperson of the Planning Commission shall advise Council by letter if any Commission member is absent from all meetings held during a period of ninety consecutive days or who is absent for a total of one-fourth of the regular meetings during a calendar year. Council then shall consider removal action.

1141.03 PROCEDURE.

A simple majority of the Planning Commission, if in attendance, shall constitute a quorum. The Planning Commission shall act by resolution passed by the vote of a majority of the Commission. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the Commission's examinations and other official actions, all of which are to be filed in the office of the Village and become public record. The secretary shall conduct all official correspondence and supervise the clerical work of the Commission. The duties of the secretary may be delegated to the Village Manager or his/her staff. Notices of hearings and decisions of the Commission shall be communicated directly to the property owners affected and to the people of the Village through news media and bulletin boards.

1141.04 POWERS; DUTIES OF THE PLANNING COMMISSION.

The duties of the Planning Commission are as follows:

(a) Review proposed amendments or rezoning requests to the Zoning Ordinance and/or Subdivision Regulations and make recommendations to Council.

(b) Initiate amendments to the Zoning Ordinance and/or make such planning or zoning recommendations to Council as are deemed necessary.

(d) Review and act upon applications for zoning permits in accordance with Chapters 1159, Village District, Chapter 1161, Architectural Review Overlay District, and Chapter 1176 Transportation Corridor Overlay District.

(e) Review and act upon applications for Zoning Permits requiring architectural review as provided for in Chapter 1161 of this Zoning Ordinance.

(f) Review and act upon development plan and individual site plan applications in the Planned Development Districts, Community Service District, and Suburban Business District.

(g) Perform such other duties as may be required by ordinance or requested by Council.

(h) Hold informal working sessions with developers, builders and the general public, for the purpose of providing advice and guidance in accordance with the Comprehensive Plan, and prior to the submittal and review of formal development plans.

(i) If a majority of the members of the Commission decides that the Commission needs legal counsel for any public or administrative hearing that the Commission is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel. If Council approves the request, it shall direct the Law Director to appoint counsel for the Commission, subject to the financial approval of the Village Manager.

(j) Collaborate with staff on area and general planning, to include plan-making and plan approval.

(Ord. 22-2022. Passed 11-16-22.)

1141.05 PROCEDURE FOR DECISIONS OF THE PLANNING COMMISSION.

(a) All completed applications which are referred to the Planning Commission for review shall be heard within forty-five (45) calendar days from the date of filing. The forty-five-(45) day limit shall stop when the Planning and Development Department provides comments and/or corrections, and shall reset upon resubmittal to the Planning and Development Department.

(b) Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be sent by first class mail as evidenced by a certificate of mailing or by personal service at least six (6) days prior to the hearing date. The notice shall state the date, the time and the place of the hearing, the name of the applicant and the nature of the application. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing. The Commission may continue an on-going hearing from date to date without additional notice. A sign indicating a hearing will be held regarding an application for the subject property shall also be posted on the subject property no sooner than fourteen (14) calendars days, and no later than forty-eight (48) hours, from the hearing date. Failure to place a sign on the subject property within the stipulated timeframe shall not invalidate any decision by Planning Commission related to the hearing.

(1) The applicant;

(2) The owner of property that is the subject of the application, if the owner is not the applicant or appellant;

(3) The owner of property that is adjacent or contiguous to the property that is the subject of the application; and

(4) Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.

(d) A person authorized to appear and be heard may:

(1) Present his or her position, arguments and contentions;

(2) Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;

(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;

(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;

(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Commission.

(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be audio-recorded. The Planning Commission, at its option, may have a hearing transcribed by court reporter.

(f) The Commission shall decide all applications within sixty (60) days after the formal conclusion of the hearing by the Commission, unless waived by the applicant. The decision of the Commission shall be in writing and shall be accompanied by findings of fact and a statement of reasons for the decision reached. The decision shall be filed in the Village Office and it shall become a part of the public record. The Village Manager, or his/her designee, shall serve a certified copy of the Commission's decision by personal service or ordinary mail on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing.

(g) The Planning and Development Director, or his/her designee, shall incorporate the terms and conditions of the decision in the permit to the applicant, whenever a permit is authorized. (Ord. 22-2022. Passed 11-16-22.)

1141.06 APPEALS FROM DECISIONS OF THE PLANNING COMMISSION.

All persons who received notice under subsection (f) of 1141.05 may appeal a decision of the Planning Commission to Council by filing a written notice of appeal with the Clerk of Council not later than ten (10) days after the decision is delivered by personal service or ordinary mail. Similarly, within ten (10) days of Village Council being notified of any decision by the Planning Commission, Village Council may direct the Village Manager to file an appeal. At the time of filing the notice of appeal, the appellant shall submit in writing their reason for appeal and may request a copy of the official record. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion. A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.

(Ord. 22-2022. Passed 11-16-22.)

1143.01 PROCEDURE.

Existing zoning may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good zoning practices. However, this chapter does not apply to approval of development plans in development districts, which are governed by Chapter 1171 of this Zoning Ordinance. Changes to existing zoning may be initiated in one of three ways:

(a) Recommendation by the Planning Commission.

(b) By Village Council.

(c) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments to provisions of this Ordinance. (Ord. 12-01. Passed 5-16-01.)

1143.02 APPLICATION.

(a) Application To Be Made. Written application for amendment shall be made to the Village Manager who shall transmit the application to the Planning Commission.

(b) Application Fee. The applicant shall pay a fee sufficient to cover the costs of administration, advertising, review, publishing and reporting of the application as established by the current ordinance.

(1) Name, address and phone number of the applicant(s) and signatures of property owner(s) or designee.

(2) A current and accurate legal description of the property in question.

(3) The proposed amendment to the Zoning Ordinance, the proposed use and the proposed zoning district of the property.

(4) The present use and present zoning district of the property.

(5) A list of all property owners within 200 feet of the area of property to be rezoned, taken from a current County Auditor tax list or the County Treasurer's mailing list.

(6) A statement of the relation of the proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.

(7) A map drawn to scale which shows property lines, streets, existing and proposed utility service, existing and proposed zoning and any additional information required by all other applicable articles of the Zoning Ordinance. The application shall also include a map which shows all adjacent properties with the approximate location of existing structures. The Planning Commission may request the applicant to supplement this information.

(8) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.

(9) At the discretion of the Village Manager, an estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, refuse and electricity demand may be required. In addition, an estimate of potential traffic generation for the proposed uses may also be required.

1143.03 CRITERIA FOR REVIEW.

The Planning Commission shall, at the minimum, consider the following factors in the review of the application:

(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area.

(b) Relationship of the proposed amendment to access and traffic flow.

(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and the capital improvement schedule.

1143.04 REVIEW PROCEDURE.

(a) Filing of Application. All applications should be submitted for review to the Village Planner or his/her designee and shall be heard by the Planning Commission within forty-five (45) days from the date of filing.

(b) Public Notice for Hearing. Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village. Such notice shall include the time, date and place of the hearing and the nature of the proposed amendment.

(c) Notice to Property Owners. Notice to the applicant and all property owners within 200 feet of the area to be rezoned shall be sent by first class mail as evidenced by a certificate of mailing or by personal service at least six days prior to the hearing date. The list of addresses shall correspond to the County Auditor's current tax list or the County Treasurer's Mailing List. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing. Amendments involving changes to the provisions or text of the Ordinance shall be posted in two public places at least six days prior to the hearing. A sign indicating the date and time for the hearing shall also be posted on the subject property at least six days prior to the hearing date.

(d) Notification of State Director of Transportation. The Village Manager or his/her designee shall give notice by registered or certified mail to the Director of Transportation concerning any zoning amendment that:

(1) Affects any land within 300 feet of a proposed new highway.

(2) Affects any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation.

(3) Affects any land within 500 feet from a proposed intersection of such new highway and any existing public road or highway. After notification, the Planning Commission can proceed with determining its recommendation.

(e) Action by the Commission. Following the public hearing, the Planning Commission shall review the application and make one of the following recommendations to Council within fifteen days:

(1) Recommend that the amendment be granted as requested.

(2) Recommend a modification of the amendment.

(3) Recommend that the amendment not be granted.

(f) Following action by the Commission, the Clerk shall forward any findings of fact and a copy of the minutes of the subject meeting to Council along with the application and all pertinent materials submitted to or considered in reaching the decision and serve the same copy received by Council upon the applicant.

(g) Public Hearing by Council. At the next regularly scheduled Council meeting following service by the Clerk, the public hearing shall be scheduled. The Council hearing may be scheduled to be held at either of the next two immediately subsequent regularly scheduled council meetings following the Introduction of the Ordinance.

(h) Public Notice of Hearing by Council. Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village.

Such notice shall include the time, date and place of the hearing and the nature of the proposed amendment.

(i) Notice to Property Owners. Notice to the applicant and all property owners within 200 feet of the area to be rezoned shall be sent by first class mail as evidenced by a certificate of mailing or by personal service at least six days prior to the hearing date. The list of addresses shall correspond to the County Auditor's current tax list or the County Treasurer's Mailing List. The failure of delivery of such notice shall not invalidate any decision by the Council related to the hearing. Amendments involving changes to the provisions or text of the Ordinance shall be posted in two public places at least six days prior to the hearing. A sign indicating the date and time for the hearing shall also be posted on the subject property at least six days prior to the hearing date.

(j) Following the conclusion of the public hearing, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification of the recommendation. However, by majority vote of those members in attendance, Council may continue the matter to the next regularly scheduled meeting. To reverse or modify the recommendation of the Commission, a majority vote of the full membership of Council is required. No final decision can be made until notification by the State Director of Transportation, if such zoning amendment affects any land as per subsection (d) hereof.

(Ord. 10-2013. Passed 7-17-13.)

1145.01 PURPOSE.

Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district, and yet if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control, such uses shall be designated as conditional uses and allowable only upon review and approval by the Board of Zoning and Building Appeals as exceptions to the strict application of this Zoning Ordinance. Because of the uniqueness or special nature of a conditional use with respect to location, design, size and method of operation, each such use that comes before the review of the Board shall be considered individually.

1145.02 APPLICATION PROCEDURE.

(a) Application Fee. The applicant shall pay a fee sufficient to cover costs of administration, advertising, review, publishing and reporting of the case, as established by the current ordinance.

(b) Contents of Application. The application must include the following:

(1) Name, address and phone number of applicant(s); names and signatures of property owner(s) or designee.

(2) The address and legal description of the property in question.

(3) Description of existing uses of all parts of the lot or property; proposed conditional use or other change and the present zoning district in which the current use is located; the provisions of the Zoning Ordinance which are applicable.

(4) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise and other nuisances and general compatibility.

(5) A statement responding to the criteria for approval of such application.

(6) A list of property owners within 200 feet of the property on which the conditional use is to be considered, taken from a current County Auditor tax list or the County Treasurer's mailing list.

(7) Eight copies of the plot plan showing:

i. Boundaries and dimensions of the lot and the size and location of all proposed or existing structures. The application shall also include a map which shows all adjacent properties, including zones, with the approximate location of existing structures.

ii. Traffic access, traffic circulation, existing and proposed utilities, parking, tree locations, landscaping, signs, refuse and service areas and other such information relevant to the proposed use.

iii. The nature of any special conditions or circumstances.

(8) Such additional information as may be required by this Zoning Ordinance or requested by the Board of Zoning and Building Appeals to review the application.

1145.03 CRITERIA FOR APPROVAL.

The Board of Zoning and Building Appeals shall make the following determinations with respect to an application for a conditional use permit:

(a) The proposed use is a conditional use within the zoning district and the applicable

development standards of this Zoning Ordinance are met.

(b) The proposed use is in accordance with all current land use and transportation plans for the area and is compatible with any existing land use on the same parcel.

(c) The proposed use will not create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal.

(d) The proposed use will not be detrimental or disturbing to existing neighboring uses, and will not entail a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property.

(e) The proposed use will not significantly diminish or impair established property values within the surrounding areas.

(Ord. 15-08. Passed 1-7-09.)

1145.04 GENERAL PROCEDURE.

(a) Please refer to Chapter 1139 for the review procedure.

(b) Issuance of Conditional Use Permit. Upon approval of the Board of Zoning and Building Appeals, and with such conditions attached by the Board as may be necessary to secure the objectives of this Zoning Ordinance, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the impact of the use, the Zoning Inspector shall issue a conditional use permit to the applicant. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within one (1) year or, if construction or renovation is included as part of such conditional use, such construction or renovation is not begun within two years. Such permit shall expire if a conditional use is discontinued for more than two years.

(c) In approving a conditional use permit, the conditions imposed by the Board may include, but shall not be limited to, the following requirements or conditions;

(1) Regulation of locations, setbacks, yard requirements, and configurations of structures and of uses of interior and exterior space, including a condition that any such requirements be greater than the minimum regulations required by this Zoning Code;

(2) Off-street parking requirements be greater than the minimum required by this Zoning Ordinance or other applicable Ordinances, including conditions relating to access points and traffic management provisions, or other provisions that impact vehicular and pedestrian access, and the locations and design of parking facilities, and that parking areas and other parts of the lot be screened from adjoining lots or from the street by walls, fences, trees, shrubs or other planting, or other devices;

(3) Exterior features or the appearance of any structure be modified, the structures be cleaned and painted, and the direction and intensity of outdoor lighting or signs be changed, or other requirements relating to maintenance of the site, the structures thereon, and landscaping;

(4) The size, number of occupants, method and times of operation, and extent of the facilities be limited;

(5) Actions be taken to control or eliminate smoke, dust, radiation, vibration, gas, noise, or odor.

(d) Appeals. Appeals from the decisions of the Board of Zoning and Building Appeals may be had as provided in Chapter 1139 .

(Ord. 15-08. Passed 1-7-09.)

1147.01 PURPOSE.

The issuance of a variance to allow deviation from the strict interpretation of the applicable regulations contained in this Zoning Ordinance shall, unless otherwise established, be under the power of the Board of Zoning and Building Appeals. In no case shall the granting of a variance allow a use not permitted under district regulations nor shall the nonconforming use of land or structures be considered as grounds for issuance of a variance.

(Ord. 07-01. Passed 4-4-01.)

1147.02 APPLICATION PROCEDURE.

(a) Application To Be Made. Written application for a variance shall be made to the Village Manager or his/her designee who shall transmit the application to the Board of Zoning and Building Appeals.

(b) Application Fee. The applicant shall pay a fee sufficient to cover costs of administration, advertising, review, publishing and reporting of the case, as established by current ordinance.

(1) Name, address and phone number of applicant(s); names and signatures of property owner(s) or designee.

(2) The address and legal description of the property in question.

(3) Description of type of variance and the proposed variance.

(4) A statement responding to the criteria for approval of such application.

(5) A list of property owners within 200 feet of the property on which the variance is to be considered, taken from a current County Auditor tax list or the County Treasurer’s mailing list.

(6) Eight copies of the plot plan showing:

A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures. The application shall also include a map that shows all adjacent properties, including zones, with the approximate location of existing structures.

B. Traffic access, traffic circulation, existing and proposed utilities, parking, tree locations, landscaping, signs, refuse and service areas and other such information relevant to the proposed variance.

C. The nature of any special conditions or circumstances.

(7) Such additional information as may be required by this Zoning Ordinance or requested by the Board of Zoning and Building Appeals to review the application. (Ord. 07-01. Passed 4-4-01.)

1147.03 CRITERIA FOR APPROVAL.

The following considerations shall be examined in the review and the public hearing of an application for variance:

(a) That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning districts.

(b) That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. The factors to be considered by the Board in making this determination are:

(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

(2) Whether the variance is substantial.

(3) Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer a substantial detriment as a result of the variance.

(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage).

(5) Whether the property owner purchased the property with knowledge of the zoning restriction.

(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance.

(7) Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.

(d) That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing or working within the vicinity of the proposed variance, and not diminish or impair established property values within the surrounding areas, and not impair an adequate supply of light and air to adjacent properties, and not unreasonably increase the congestion in public streets.

(e) In granting a variance, the board may impose any requirements or conditions regarding the location, character, and other features of the proposed uses or buildings or structures as the board deems necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the other conditions set forth in subsection (d) hereof. (Ord. 15-08. Passed 1-7-09.)

1147.04 GENERAL PROCEDURE.

(a) Please refer to Chapter 1139 of the Codified Ordinances for the review procedure.

(b) Issuance of Zoning Permit. If the application for a variance is approved, the Board of Zoning and Building Appeals shall, after specifying such conditions as it may deem necessary, direct the Village Manager or his/her designee to issue a Zoning Permit to the applicant.

(Ord. 15-08. Passed 1-7-09.)

1149.01 EXISTING NONCONFORMING USES; CONTINUATION.

Except as otherwise provided in this Zoning Ordinance, the lawful nonconforming use of any property, as defined in Section 1135.01 of this Zoning Ordinance, existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building, structure, or land does not conform with the use regulations of the district in which it is situated or otherwise conform with the provisions of this Zoning Ordinance, subject to the prohibitions of Section 1149.02 of this Zoning Ordinance. (Ord. 15-08. Passed 1-7-08.)

1149.02 NONCONFORMING USES OF BUILDINGS; ENLARGEMENT, SUBSTITUTION, ETC.

Except when required by law or order or permitted under Section 1149.03 , no existing building, structure or land devoted to a use not permitted by this Zoning Ordinance in the district in which such building, structure, or land is located shall be enlarged, extended, changed, or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located. (Ord. 15-08. Passed 1-7-08.)

1149.03 NON-CONFORMING LOTS OF RECORD.

A principal structure and/or accessory building may be permitted on any non-conforming lot of record, notwithstanding limitations imposed by other requirements of that District. This provision shall apply even though such lot fails to meet the requirements for area or width, or both for the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. (Ord. 01-2014. Passed 2-19-14.)

1149.04 CRITERIA FOR APPROVAL.

(a) Changes. Upon application by the owner in the manner prescribed in the application procedure hereof to the Board of Zoning and Building Appeals, the change to another nonconforming use may be permitted upon finding by the Board that:

(1) The proposed change of a nonconforming use will not increase the burden on public facilities and service such as streets, utilities, schools and refuse disposal imposed by the existing nonconforming use.

(2) The proposed nonconforming use will neither be detrimental nor disturbing to existing uses in the district and will not entail a use which constitutes a nuisance or hazard to any persons in the surrounding use district.

(b) Conditions. In granting a change in a nonconforming use, the Board may impose any requirements and conditions regarding the location, character, and other features of the proposed uses or buildings or structures as the Board deems necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the conditions set forth in Division (a) of this Section. (Ord. 01- 2014. Passed 2-19-14.)

1149.05 GENERAL PROCEDURE.

(a) Contents of Application. Please refer to Chapter 1145.02 (b) for the application contents.

(b) Appeals from decisions of the Board may be had as provided in Chapter 1139 .

(Ord. 01-2014. Passed 2-19-14.)

1149.06 NONCONFORMING USE MADE TO CONFORM.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. (Ord. 01-2014. Passed 2-19-14.)

1149.07 DISCONTINUANCE OF A USE.

No building, structure or land where a nonconforming use has been discontinued for a period of twelve months or more shall again be put to a nonconforming use.

(Ord. 01-2014. Passed 2-19-14.)

1149.08 ALTERATIONS, REPAIRS AND MAINTENANCE.

Repairs and maintenance work as required to keep structures in sound condition, alteration, repair or replacement of non-bearing walls, fixtures, doors, windows, wiring or plumbing, and interior structural alterations designed to improve the usefulness or livability of interior space, may be made to a non-conforming building or structure, provided that no such change shall be made which shall exceed the area or height requirements or extend into any yard required in the district in which such structure is located, unless such building or structure is permanently changed to a conforming use or unless required by law or order or permitted under Section 1149.03.

(Ord. 01-2014. Passed 2-19-14.)

1149.09 REPAIR AND REPLACEMENT OF NONCONFORMING USES.

A nonconforming use shall terminate when the structure it occupies is damaged and the estimated cost to repair exceeds sixty percent (60%) of the replacement cost of such structure immediately before such damage. When the cost of repairs to a structure containing a non-conforming use is less than sixty percent (60%) of the replacement cost, that non-conforming use may be restored provided such restoration is begun within six months from the time of damage. Failure to begin such restoration within six months from the date of damage shall terminate the non-conforming use. (Ord. 01-2014. Passed 2-19-14.)