Granville City Zoning Code
TITLE FIVE
Zoning Districts
1155.01 DIVISION INTO DISTRICTS.
For the purpose of this Zoning Ordinance, the Village is hereby divided into categories of zoning districts. Such districts are designated as follows:
Village Districts:
VRD - Village Residential District
VBD - Village Business District
VSD - Village Square District
VID - Village Institutional District
VGD - Village Gateway District
ID - Institutional District
Planned Development Districts:
PUD - Planned Unit District
PCD - Planned Commercial District
PID - Planned Industrial District
OSD - Open Space District
SRD - Suburban Residential District
CSD - Community Service District
SBD - Suburban Business District
FHOD - Flood Hazard Overlay District
AROD - Architectural Review Overlay District
TCOD - Transportation Corridor Overlay District
RVOD - Raccoon Valley Aquifer Wellhead Protection Overlay
District
1155.02 BOUNDARIES; ZONING MAP.
(a) Districts and Boundaries Established. The several districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map of the Village, which Map, together with all notations, references, data, district boundaries and other information shown thereon, are hereby made a part of this Zoning Ordinance. Such Zoning Map, properly attested, shall remain on file in the Office of the Village Manager. Such Zoning Map may be amended in accordance with this Ordinance.
(b) District Boundaries. Except when referenced on such Map to a street or alley line or other designated line by dimensions shown on such Map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the adoption of this Ordinance.
(c) Interpretation of Uncertainty as to Boundaries or Textual Provisions. All questions concerning the exact location of district boundary lines or the meaning and intent of textual provisions of this Ordinance shall be determined by the Board of Zoning and Building Appeals according to rules and regulations which may be adopted by it.
1155.03 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
1155.04 ANNEXATIONS.
Properties annexed into the Village shall be zoned in conformance with the Comprehensive Plan. Recommendations of the Planning Commission to the Village Council shall be made based on the comprehensive plan's application to the subject property. Should the property to be annexed be developed, however, the Planning Commission shall consider both the application of the comprehensive plan and the use already made of the property in making its recommendation to the Village Council.
1157.01 CONFORMANCE REQUIRED.
Except as hereinafter specified, no building, structure or land shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations including, but not limited to the following: the specific use of buildings, structures or land, including performance standards for the control of any dangerous and objectionable elements in connection with such use; the height or size dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.
1157.02 ADDITIONAL PROHIBITED USES; COMMISSION DETERMINATION.
Uses not specifically enumerated in this Zoning Code as either expressly permitted or unpermitted, shall be subject to approval of the Planning Commission. In determining if a specific use shall be allowed, the Planning Commission shall evaluate the following:
(a) Is the proposed use compatible with existing permitted uses in the zoning district?
(b) Is the proposed use similar to those other uses expressly unpermitted in the zoning district?
(c) Will the proposed use create undue burden on infrastructure in the zoning district as a result of the uses' nature and intensity?
(d) Is the proposed use likely to create nuisance conditions for other permitted uses?
(Ord. 11-2023. Passed 5-3-23.)
1157.03 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter applying to such district.
1157.04 ACCESSORY BUILDINGS WITHOUT MAIN BUILDING.
In any district no accessory building or structure shall be erected, placed or constructed on any lot or parcel prior to the erection or construction of the principal or main building with the exception of the contractor's temporary building. Contractor's temporary building use is limited to equipment storage and contractor's office. Real estate sales conducted from the contractor's temporary building are permitted only until the construction of the first building on the site, which shall act as a sales office. (Ord. 11-2023. Passed 5-3-23.)
1157.05 TRAFFIC VISIBILITY ACROSS CORNER LOTS.
On any corner lot in all zoning districts, no fence, structure or planting shall be erected or maintained within twenty-five feet of the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
1157.06 REQUIRED AREA OR SPACE CANNOT BE REDUCED.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Ordinance. No part of a yard, court, parking area or other space provided about, or around, any building or structure for the purpose of complying with the provisions of this Ordinance, shall be included as part of a yard, court, parking area or other space required under this Ordinance for another building or structure.
1157.07 OFF-STREET PARKING AND LOADING.
In every district, spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions herein.
1157.08 EMERGENCY REPAIRS.
The Village Manager shall have the power to grant zoning permits for emergency repairs. Any request must be accompanied by a letter stating the nature of the emergent request, with justification. If the permit is issued, it shall not require hearings or Planning Commission approval. However, Planning Commission shall be informed at their next scheduled meeting.
(Ord. 11-2023. Passed 5-3-23.)
1157.09 UNSAFE BUILDINGS.
Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. A zoning permit is required.
1157.10 PENDING APPLICATIONS FOR ZONING PERMITS.
Nothing herein contained shall require any change in the overall layout plans, construction, size and designated use of any development, building, structure or part thereof, for which official approvals and required zoning permits have been granted before the enactment of this Zoning Ordinance, the construction of which shall have been started prior to the effective date of this Ordinance.
1157.11 PRIOR APPROVALS.
Any site plan approved by the Planning Commission prior to the enactment of this Zoning Ordinance shall remain in force and effect and shall have continuing validity and effect for the full period as if such approval had been granted by the Planning Commission upon the date and enactment of this Ordinance, for the purpose of satisfying any requirement of the Planning Commission under this Ordinance.
1157.12 GROUNDWATER PROTECTION FROM HAZARDOUS MATERIALS AND CHEMICALS.
The Raccoon Valley Aquifer Wellhead Protection District details specific requirements pertinent to all zoning districts over which the District is overlaid. Those requirements are contained in Chapter 1174. In addition, certain groundwater protection standards shall pertain to all zoning districts, as they are detailed in Section 1174.06. Also pertinent to all zoning districts is Section 1174.07 having to do with the Hazard Potential Ranking System for Nonconforming Uses, and Section 1174.08 regarding Regulated or Hazardous Materials.
1157.13 ACCESSORY USES AND STRUCTURES.
Accessory uses and structures shall only be permitted in association with a principal use or structure. The maximum cumulative size of accessory structures in the Suburban Residential District, Planned Unit Development District, Suburban Business District, Village Gateway District or Village District, including swimming pools, shall not exceed forty percent (40%) of the gross floor area of the primary use (livable area for residential uses), or a 864 square foot footprint for detached garage(s), shed(s) or other storage structures, whichever is less.
(a) The cumulative maximum size of the occupied area of a detached garage(s), shed(s), or other storage structures(s) in a residential zoning district shall not exceed 864 square foot footprint, and shall not exceed a height of thirty (30) feet.
(b) Accessory uses and/or structures within non-residential zoning districts shall not exceed twenty-five percent (25%) of the gross floor area of the primary use.
(c) All accessory structures, including swimming pools and associated decking, shall be constructed within the permitted buildable area of a lot, behind all applicable setback lines, and to the rear or side of the principal structure.
(d) In no case shall an accessory structure or building be located within a recorded easement.
(e) In order to protect property values and encourage neighborhood stability, an accessory building shall have an exterior that is harmonious in appearance to the principal building on the parcel or lot.
(f) The maximum number of accessory buildings on a single lot or parcel shall not exceed two, of which only one may contain more than 144 square feet of gross floor area.
(g) Accessory buildings shall not infringe on sanitary or water systems. The locations of accessory buildings shall comply with all applicable Licking County Health and/or Ohio Environmental Protection Agency regulations.
(h) Accessory buildings shall be appropriately guttered and graded so as not to adversely affect neighboring property owners.
(i) No commercial uses shall be permitted from an accessory building unless otherwise approved as part of a home occupation or commercial/industrial rezoning request.
(Ord. 06-2013. Passed 3-20-13.)
1157.14 PARKING AND OCCUPANCY OF HOUSE TRAILERS AND CAMPERS.
No person shall occupy any house trailer, motor home or camper for more than seventy-two hours. The storage of a camper, boat and boat trailers, mobile homes, house trailer, one (1) ton commercial trucks or motor home shall not be permitted in any front yard or the street side yard of a corner lot for more than seventy-two hours. Camper body attached to a pick-up truck, or other similar vehicle, shall not be construed as a motor home or mobile home.
1157.15 DEVELOPMENT PLAN REQUIRED.
Any application for site plan review or subdivision review shall be required to file a preliminary and final development plan. The preliminary development plan (PDP) shall be submitted with the preliminary subdivision plat, if applicable. A small site plan, generally held to be a small single-use structure or property of less than one (1) acre, shall not require a PDP by code. However, a PDP may be required if Village Staff feel the site plan is of sufficient complexity that the development would benefit from the additional layer of review.
(a) A PDP shall include, at a minimum, the following:
High-Level Development standards
Lot standards
Proposed typical lot layouts
Proposed architectural style
Preliminary landscape plan
Detail for public amenities such as benches
Proposed parks and open space plan
Preliminary signage plan and detail
Preliminary grading and drainage plan
Proposed ROW cross-sections
Phase I drainage report
Phase I utility report
Phase I geotechnical report, if applicable
Preliminary Plat, if applicable.
(b) An FDP shall include, at a minimum, the following:
Final Development standards or design guidelines
Lot standards
Typical lot layouts
Final Landscape plan
Detail for public amenities such as benches
Signage plan and detail
Architecture guide, to include materials and styles
ROW cross-sections
Parks and open space plan
Grading and drainage plan
Stormwater Pollution Prevention Plan (SWPPP)
Phase II drainage report, signed and stamped by an engineer licensed in the state of Ohio
Phase II utility report, signed and stamped by an engineer licensed in the state of Ohio
Phase II geotechnical report, if applicable, signed and stamped by an engineer licensed in the state of Ohio
(c) Approval Process - The PDP shall be approved by Village Council, with recommendation from Planning Commission, in conformance with applicable regulations, unless otherwise stipulated elsewhere in this Code. The FDP shall be reviewed for conformance with the PDP, and other applicable regulations and ordinances, by Planning & Development staff, in conjunction with other reviewing departments and agencies. Village Council shall review the FDP for general conformance with the approved PDP, and shall approve, deny, or approve with conditions. Any substantial deviation from the PDP, as determined by the Planning & Development Director or Village Council, shall require amendment of the PDP. Any such amendment of the PDP shall be reviewed and approved by Council.
(d) Exemptions - Individual site plans in the Suburban Residential District and Village Residential District shall be exempt from this code section. Any individual site plans part of an overall FDP shall also be exempted from this code section.
(Ord. 11-2023. Passed 5-3-23.)
1157.16 PROHIBITED USES IN A YARD.
No person in any Village District, Suburban Residential District or Planned Unit Development District shall store, collect, park, leave, deposit, maintain, reserve, or put aside for future use, or permit, allow, or suffer to remain for longer than sixty (60) days, except in a completely enclosed building or structure, any of the following:
(a) Any lumber or other building materials except those related to projects for which a valid building permit has been issued and except firewood for the personal use on the property;
(b) Any motor vehicle as defined by Ohio Revised Code Section 4511.01, airplane, boat or trailer, except on a driveway or as permitted by this Zoning Ordinance;
(c) Equipment or materials used in the construction trade;
(d) Machinery or household appliances that are not useable and operable;
(e) Furniture capable of harboring rodents; or
(f) Junk or salvage items including mechanical parts, tires, automotive parts, or other moving vehicle parts. (Ord. 15-08. Passed 1-7-09.)
1159.01 PURPOSE AND INTENT.
(a) The old village section of Granville is a unique area comprised of residences, neighborhood businesses serving the personal, family and household needs of residents, and public and semipublic land uses. These uses are contained in structures representing a variety of architectural styles which reflect the era in which most of the village section was built. Many of these buildings are now included on the National Register of Historic Buildings. The goal of regulation in the Village District is to insure that any land use changes which occur within the District are harmonious and compatible with the appearance and the character of adjacent land uses and that such changes enhance the Village District.
(b) Uses in the Village District are oriented toward the pedestrian rather than the automobile. Amenities such as small park areas, benches and special sidewalk treatments are encouraged. Requirements for parking and setback may be eased when it advances the overall purpose of the Village District. The preservation of existing structures which have historical and architectural significance as well as the integration of new and renovated structures with the character and appearance of existing structures in the Village District is emphasized.
(c) The Village District is comprised of four subdistricts: the Village Residential District (VRD), the Village Business District (VBD), the Village Square District (VSD) and the Village Institutional District (VID).
(Ord. 11-2011. Passed 6-1-11.)
1159.02 PERMITTED AND CONDITIONAL USES.
The uses in the Village District are subject to the site plan requirements of this chapter and the architectural review requirements of Chapter 1161
, as well as the general provisions of this Zoning Ordinance.
(a) Permitted Uses.
(1) Village Residential District.
A. Single-family dwellings and accessory uses incidental thereto, such as garages.
(2) Village Business District. The uses below are separated into use categories defined by capital letter subheadings. Zoning may be approved for any one or more of these categories (ex.: VBD-A). Should a proposed use not occur in the following list (ex.: a financial planning consultant), the Planning Commission upon application may approve such use if it is closely related to those uses listed in any specific category.
A. Hotels, motels and inns, offering board and lodging.
B. Retail outlets: furniture, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores; and specialty shops: antique shops, gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops and sporting goods.
C. Business and professional offices: medical, counseling, and dental offices and clinics, law offices, insurance and real estate offices.
(Ord. 15-2015. Passed 12-3-14.)
D. Food, drug and beverage businesses: grocery stores, meat markets, drug stores and bakeries in conjunction with retail sales, restaurants and tea rooms. Drive-through windows are expressly prohibited in the Village Business District. (Ord. 24-2024. Passed 11-20-24.)
E. Clubs, sororities, fraternities, lodges and meeting places for other organizations, not including any use that is customarily conducted as a gainful business, and places of assembly; non-profit educational, civic, religious and social uses, which serve and are compatible with other permitted uses in this District.
F. Service businesses: Laundromat, dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair and tailor shops, printing shops with not more than ten full-time regular employees.
G. Fitness related businesses.
H. Accessory uses, buildings or structures to the previous A-G.
(3) Village Square District.
A. Nonprofit educational, civic, religious, and social uses which serve and are compatible with other permitted uses in this District.
B. Uses permitted in the Village Residential District and the Village Business District.
(4) Village Institutional District.
A. University and school buildings, including residence halls, food service facilities, classroom buildings and auditoriums.
B. Faculty housing.
C. Sorority and fraternity houses.
D. Passive recreational areas including parks and walkways.
(Ord. 15-2015. Passed 12-3-14.)
E. Mobile Food Trucks. (Ord. 08-14. Passed 9-3-14.)
(b) Conditional Uses.
(1) Village Residential District.
A. Clubs, sororities, fraternities, lodges and meeting places for such organizations, not including any use that is customarily conducted as a gainful business.
B. Home Occupations.
C. Nonprofit educational civic, religious, and social uses which serve and are compatible with other permitted uses in this District.
(2) Village Business District.
A. Parking lots.
B. Mortuaries.
C. Gas stations.
D. Banks (including drive-in banks), finance and utility.
E. Single family dwellings.
F. Bed and Breakfasts.
G. Two-family dwellings, except as limited by Subsection 2(G)(1) below.
1. Within the Core Business District, Dwelling Units shall be allowed only on the upper floors of a structure.
2. For the purpose of this Section, Core Business District is defined as all parcels and/or buildings fronting on the following streets, and located within the Village Business District:
a. East Broadway, on the north and south sides, from Main Street to Pearl Street;
b. North and South Prospect Streets, on the west and east sides, from College Street to Elm Street; and
(3) Village Square District.
A. Cultural Uses.
(4) Village Institutional District.
A. Active recreational uses such as play fields or skating rinks where a large number of participants and/or spectators can be anticipated.
B. Parking lots to service a university or school.
(Ord. 15-2014. Passed 12-3-14.)
1159.03 PERFORMANCE OR DEVELOPMENT STANDARDS.
(a) Minimum Lot Area. The minimum lot area shall be determined by aggregating the parking requirements, yard requirements, setback requirements and lot coverage requirements.
(b) Lot Coverage. Lot coverage shall not exceed fifty percent (50%) for structures, driveways or driveway areas within the VRD. Lot coverage shall not exceed seventy percent (70%) for structures, driveways, driveway areas or loading areas in the VBD and VID. Sidewalks may be included in the calculation of open area where there is special landscape or pedestrian elements. Lot coverage may be increased to eighty-five percent (85%) in the VBD if the applicant provides adequate landscaping, pedestrian conveniences, such as benches, special ornamental lighting, etc. upon acceptance and approval by the Planning Commission. In the case of reconstruction in the VRD, ground coverage may be equal to what it was previously. Lot coverage within the VSD shall not exceed fifty percent (50%).
(c) Minimum Lot Width; Side Yards; Rear Yards. Side yards and rear yards shall be a minimum of ten feet.
(d) Required Front Yard. The required front yard or building setback line shall be determined by the existing line established by the remaining buildings on that block front. Any new construction or additions to existing structures shall maintain present setback lines.
(e) Parking Requirements.
(1) For permitted and conditional uses within the VRD, all required parking is to be provided on site. For permitted and conditional uses within the VBD, VSD, and the VID, the Board of Zoning and Building Appeals shall have the right to grant variances from the parking requirements listed under the parking regulations upon a showing by the applicant in accord with the standards of Chapter 1147
.
(2) Access to such parking areas shall be permitted only in accordance with the provisions of Section 1183.04
(f)
(3) Notwithstanding the requirements set forth in the above sub sections, in the Village Business District (VBD), where the change of use is from any of the uses set forth in 1159.02
(a)(2) to another of the uses set forth in that section and does not result in a greater parking requirement than the existing use, as determined by the Village Planner, then, as to parking requirements, a Board of Zoning and Building Appeals review is not required.
(f) Other Requirements.
(1) All applicable requirements of the landscaping, sign, architectural review and general regulations of this Zoning Ordinance shall be met.
(2) Outdoor storage or display of merchandise on public sidewalks shall be prohibited unless written application is made and approval granted by the Village Manager or his/her designee.
(Ord. 11-2011. Passed 6-1-11.)
1159.04 SITE PLAN APPROVAL REQUIRED.
In addition to requirements imposed by Chapter 1161
and any other requirements of this Zoning Ordinance, and as a prerequisite to the issuance of a Zoning Permit in the Village District, new construction, exterior modifications and structural alterations to existing buildings in the Village District shall be permitted only upon application and approval of a site plan submitted in accordance with this section.
(a) Site plan requirements for new construction on a vacant lot within the VBD, VRD, VSD and VID:
(1) Structures. All existing surrounding structures and the proposed structures shall be shown with all building measurements, descriptions of use, location of expected entrances and exits, service and pedestrian areas, building elevations, and a description or sample of materials to be used in construction. The applicant shall also submit a drawing that shows the location of buildings (with measurements) on adjacent lots.
(2) Traffic. All points of ingress and egress onto public roadways or alleys shall be shown, including anticipated location and size of all curb cuts.
(3) Parking layout. All proposed parking spaces, access to parking spaces, and other paved areas proposed on the site are to be indicated.
(4) Landscaping and site treatment. As applicable, proposed landscaping and other site design treatment, including lighting plans, shall be indicated.
(b) Site plan requirements for any exterior modification or structural alteration of any existing structure.
(1) A site plan, unless waived by the Planning Commission, is required, drawn to scale, illustrating the existing site in question; all surrounding buildings, all buildings on adjacent lots, and the proposed structural or exterior changes, including any changes in parking layout, landscaping, screening, fences, walkways, signs and other relevant structures and fixtures shall be shown. In addition, the relationship to surrounding structures, elevations showing the proposed changes, and a description or sample of materials to be used for this project may be required as described below.
(2) The Planning Commission may waive those plan requirements listed above upon determination that full compliance with the requirements is not necessary for a determination upon a specific application.
(c) At the request of the applicant, site plan requirements described above may be submitted and acted upon in two phases as outlined in Section 1161.03
(d).
(Ord. 11-2011. Passed 6-1-11.)
1159.05 PROCEDURE FOR APPROVAL.
(a) An application for a Zoning Permit in the Village District shall be submitted with eleven copies, (unless a lesser number is established), of the required plan to the Village Planner. Each application, for Village Business District (VBD) properties, shall state the use category or categories, as set forth in Section 1159.02
(a) (2), for which approval is sought.
(b) After staff review and recommendations, the application and plans shall be forwarded to the Planning Commission for hearing and recommendation. The Planning Commission may request additional information. In determining the acceptability of the site plan, exterior modification or structural alteration of any existing structure, the Planning Commission shall consider the following:
(1) Setbacks
(2) Distances between buildings
(3) Yard space and adequacy of open space in accordance with lot coverage standards
(4) Traffic accessibility and parking layout
(5) Compatibility and building height
(6) Findings as to style of architecture in relationship to surrounding uses in accordance with the standards set forth in Chapter 1161
(7) Building materials
(8) Storm drains considerations, if applicable
(9) For Village Business District (VBD) properties, the existing use category or categories as established by Section 1159.02
(a)(2) whether such property has previously received formal category designation or otherwise
(c) After hearing and consideration, the Planning Commission shall approve or deny the application and site plan, or approve the application and site plan with modifications.
(d) In all circumstances, the site plan and exterior modification or structural alteration of any existing structure shall be considered a condition of approval of the application. Any construction must start within twelve months and be completed within twenty-four months from the date of final approval. With the approval of the Village Planner, subsequent minor modifications of the approval may be made, provided such changes do not alter the essential character, as determined by the Village Planner, of the original plan as approved. If the Village Planner determines that such changes are significant, the application shall be resubmitted to the Planning Commission for approval as an amended application. Any new construction, exterior modifications or structural alterations to existing structures, which proceed prior to final approval of the site plan, shall be deemed to be an abatable nuisance.
(Ord. 11-2011. Passed 6-1-11.)
1159.06 APPEALS.
Appeals from decisions of the Planning Commission on an application for site plan approval, exterior modification or structural alteration of any existing structure may be had as provided in Chapter 1141
.
(Ord. 11-2011. Passed 6-1-11.)
1161.01 PURPOSE AND BOUNDARIES.
The Village of Granville was first settled in 1805. Buildings in the community reflect the architectural styles of every period from the early nineteenth century to the present and demonstrate the Village's ties to the past. The Village District itself has become a source of pride, enjoyment and prosperity to the residents of the entire area. It attracts many visitors each year. In the interest of promoting and protecting the public health, safety, general welfare and prosperity, there is hereby established the Architectural Review Overlay District which shall have the boundaries as shown on the Official Zoning Map. The District may be expanded by amendment to this chapter. (Ord. 03-2023. Passed 1-18-23.)
1161.02 ZONING PERMITS REQUIRED.
The purpose of the Architectural Review Overlay District is to preserve and encourage good architectural styles within the Village, reflecting the distinct phases of the Village's history. Therefore, in addition to the other requirements of this Zoning Ordinance, all applications for Zoning Permits in the Architectural Review Overlay District shall be subject to the following guidelines to determine if the proposed project
(a) Is stylistically compatible with other new, renovated and old structures in the Village District.
(b) Contributes to the improvement and upgrading of the historical character of the Village District.
(c) Contributes to the continuing vitality of the District.
(d) Protects and enhances examples of the physical surroundings in which past generations lived.
(Ord. 03-2023. Passed 1-18-23.)
1161.03 PROCEDURES FOR APPROVAL.
(a) Applications shall be subject to Planning Commission review if,
(1) The application proposes changes of any type to a contributing structure as outlined in the Granville Multiple Resources Area;
(2) The application proposes addition, expansion, renovation, or remodeling of an existing structure that would add an additional 20% of enclosed square footage to the existing structure;
(3) The application proposes changes to the architectural style of the structure;
(4) The application proposes construction of an accessory structure of 144 square feet or greater; or
(5) The application proposes construction of a new primary structure.
(b) Those applications not specifically enumerated in section (a) above shall be considered administrative review and approval items. Applications subject to administrative review shall abide by the guidelines for zoning permits as outlined in Chapter 1137 of this Code.
(c) During the course of administrative review and approval under subsection (b) above, and if deemed appropriate by the Planning and Development Director, an application may be forwarded to Planning Commission for their review.
(Ord. 03-2023. Passed 1-18-23.)
1161.04 CONTENTS OF THE APPLICATION.
(1) Elevation showing the proposed changes.
(2) A description of or a sample of materials to be used in the proposed project.
(3) Where the proposal is for renovation or modification of an existing structure, the original date of construction of the building, if known.
(4) Site plan, including massing and relationships to other structures on the block face.
(5) Any other reasonable items deemed necessary by the Planning & Development Department for the purpose of review and approval of the application
(b) The applicant may submit photographs, sketches or other material to illustrate the proposed project. The Planning Commission, or the Planning & Development Director, may request such additional information as is deemed necessary to review the application for compliance with this chapter.
(c) If the application is submitted in conjunction with an application for new construction, a change in use, or rezoning, the plan review shall occur simultaneously with the architectural review. All applications for architectural review shall be acted upon within thirty days (unless waived by the applicant) from the date the application was received by the Planning & Development Department. The application may be approved as submitted, may be conditionally approved, or may be rejected. (Ord. 03-2023. Passed 1-18-23.)
1161.05 ADVISORS.
The Planning Commission may retain an architect/advisor who need not be a resident of the Village, with approval of the Village Council. (Ord. 03-2023. Passed 1-18-23.)
1161.06 STANDARDS AND CRITERIA.
In reviewing an application, the Planning Commission shall determine, based on submitted materials, whether the proposed architecture follows or exemplifies any one or a combination of the following architectural styles:
Colonial Greek Revival Dutch Colonial Victorian French Colonial Italianate Georgian Second Empire Federal/Adamesque Chateauesque Jeffersonian/Roman Revival Homestead Richardsonian Romanesque Queen Anne American Foursquare Craftsman Tudor Bungalow |
These styles are considered consistent with existing architecture in the Village, and depict the objectives of the Comprehensive Plan. So also must the Commission consider the "tout ensemble," or the totality of an architecturally or historically unique area.
In reviewing an application, the Planning Commission shall also consider the following:
(a) Height. The height of the building shall be measured at the ridge line or the parapet. All new construction should be within ten percent (10%) of the average height of the existing structures on the block face, unless the structures are of a potential landmark character, or the Planning Commission finds that it is not in the best interest of the community that a common height be maintained.
(b) Building Massing. In evaluating building massing, such characteristics as the building width, height, surrounding setbacks and style shall be considered in relationship to all other structures on the block face. This relationship between buildings should allow for consistency of style, size and density in each given neighborhood area.
(c) Roof Shape. Roof shape is particularly significant in low buildings or buildings which will be seen from a distance or from above. Roof forms and materials may relate to surrounding buildings. Tall building roof shapes should be evaluated from the logical point or points from where they would be viewed rather than from a straight elevation.
(d) Materials and Texture. Materials and texture are particularly important in terms of their relationship to surrounding buildings and the use of natural materials should be encouraged. Brick color from actual samples should be evaluated. In many cases, through the skillful use of color, significant compatibility with the surrounding environment can be developed.
(e) Use of Details. In evaluating building details, the primary concern is for appropriateness to the scale and overall design concept of the building and its environment. Building details may attempt to recall the spirit of an earlier period detailing in contemporary application. If the applicant chooses to reproduce historic details, such as colonial window treatment, etc., it becomes important that some historical authenticity is maintained. In older structures, detailing may be highlighted through painting.
(f) Use of Live Plant Material. Planting materials should be evaluated on their use for accentuating and highlighting the architectural details of screening undesirable areas such as vacant lots, parking and mechanical equipment (e.g. air conditioning units, generators, dumpsters, etc.). Planting and landscaping are particularly important where parking lots are utilized. Larger parking lots (over fifteen cars) should be broken up by interior landscaping, preferably at the ends of parking aisles. Where year-round screening is required, evergreen planting is appropriate.
(g) Use of Landscape Design. Other elements of exterior design, such as walls, become a part of the building and tie it to adjoining structures or give it additional character. Lighting is particularly important, both from the standpoint of providing light to the pedestrian as well as affecting the view of the building in the evening hours. Lighting shall be screened from any potential of shining directly into pedestrians' or auto drivers' eyes. When appropriate, the applicant should provide a lighting plan as seen at night, or a photometric plan. Downlighting shall be used unless preempted by other rules or regulations.
(h) Enhancement of Pedestrian Environment. Where possible, elements which can contribute to the quality of the pedestrian environment and other public amenities should be promoted. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies. Increasing the quality of the pedestrian environment is one of the major themes of this Zoning Ordinance. Improving circulation and developing new pedestrian routes, such as mid-block connections, are particularly desirable.
(i) Signage. As regulated by the sign regulations, signage will be most significant in communicating the character of the building. Signage should be discreet and minimal. Signs oriented to the pedestrian should be small in scale; those oriented toward automobile traffic may be larger. Color should be subdued, and where appropriate, the architectural character of the sign should be consistent with that of the building. Signs flush on the building face are in many cases preferable to projecting signs.
(j) Other elements necessary to determine appropriateness of the proposed changes.
(Ord. 03-2023. Passed 1-18-23.)
1161.07 DEMOLITION PERMIT REQUIRED.
1161.08 DEMOLITION BY NEGLECT.
(a) The owner, lessee, or other person in actual charge of a building or property within the Granville National Historic District (National Park Service Reference Number 80003138, listed 11/28/1980), as described on the map contained within the official document, shall comply with all applicable codes, laws, and regulations governing the maintenance of property. It is the intent of this section to preserve those buildings and properties within the Granville National Historic District from deliberate or inadvertent neglect. It is further the intent of this section to preserve the architectural and structural integrity and historical value of those buildings and properties within the Granville National Historic District. All such buildings and properties within the Granville National Historic District shall be preserved against such decay and deterioration, and shall be free from structural defects through prompt corrections of any of the following defects:
(1) Facades which may fall and injure members of the public or property.
(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.
(3) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
(4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
(5) Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.
(6) Any fault or defect in the building which renders it not properly watertight or structurally unsafe."
The Village may obtain the services of a structural engineer, architect, or historic preservation expert in determining what repairs must be made. However, such services are not a requirement of issuance of a notice of violation.
(b) The building or property owner, lessee, or other person in actual charge of the building or property shall be served with a letter of violation, delivered by certified mail, as well as hand delivered to the property. The letter shall outline the violation(s) of this section, and include corrective actions that must be taken to bring the building or property into compliance. The letter shall provide for a reasonable period within which the repairs must be made. Said letter shall also provide a hearing date for Planning Commission, at which time the letter of violation will be discussed, and the building or property owner, or their representative, along with members of the public, shall have the opportunity to respond to the violations. Planning Commission will determine whether to uphold, amend, or dismiss the violations of this Section. This hearing will be carried out during a regular meeting of the Planning Commission, and shall be subject to the rules and procedures as found in this Zoning Code.
(c) A building or property owner, lessee, or other person in actual charge of the building or property may appeal the Planning Commission decision to the Board of Zoning and Building Appeals. Such appeal shall be made within ten business days, excluding national holidays and weekends, from the Planning Commission decision. The Board of Zoning and Building Appeals shall determine whether to uphold, amend, or rescind the violations. The hearing will be held during a regular meeting of the Board of Zoning and Building Appeals, and shall be subject to that body's rules and procedures contained within this Zoning Code.
(d) A building or property owner, lessee, or other person in actual charge of the building or property may appeal the Board of Zoning and Building Appeals decision to the Village Council. Such appeal shall be made within ten business days, excluding national holidays and weekends, from the Board of Zoning and Building Appeals decision.
(e) Violations of this section are subject to a $500.00 fine, per day. Days begin accrual once the initial date of Planning Commission hearing has passed. Accrual shall pause upon submittal of appeal in conformance with this Chapter. The Village Manager, or their designee, shall have the authority to reduce or suspend all or a portion of fines.
(Ord. 03-2023. Passed 1-18-23.)
1161.09 APPEALS.
Appeals from decisions of the Planning Commission with respect to an application submitted for architectural review may be had as provided in Chapter 1141. Appeals of administrative decisions shall be returned, in writing, within ten (10) business days to the Clerk of Council. Appeals of administrative decisions shall be considered by the Board of Zoning and Building Appeals, in accordance with Chapter 1139 of the Zoning Code.
(Ord. 03-2023. Passed 1-18-23.)
1162.01 PURPOSE.
The Village was first settled in 1805. Buildings in the community reflect the architectural styles of every period from the early nineteenth century to the present and demonstrate the Village's ties to the past. Residential property values have been maintained in significant part due to the unique physical attributes, and plentiful mature trees and landscaping on both public and private property.
Recognizing the need to balance the benefits of preserving the Village's existing quality and character against the benefits of responsible renewal and redevelopment of aging structures, the Planning Commission and Village Council are charged with protection of the Village's built environment. Additionally, these entities serve as stewards by encouraging preservation of the elements which contribute to the collective sense of place, and the unique tapestry that makes it an attractive, vibrant, and livable community for those who live, work, and visit.
Specifically, the Village seeks to preserve, maintain, and enhance those aspects having historical, architectural, archaeological, and cultural merit by encouraging the adaptive reuse and
preservation of these historic buildings and sites.
The demolition of existing structures throughout the Village shall be reviewed for its impact on the property, the neighborhood, and the community in general. In evaluating the impact on the street, neighborhood, and corridor, it is important to consider preservation of buildings that
contribute to the continuous fabric of the street (built) edge, regardless of the historic merits of the individual structure.
It is further understood that removal of primary structures or those structures or design elements that contribute to the historic character of the Village can be detrimental to the neighborhood and the community. Therefore, demolition permits will be required for any demolition, partial demolition, removal or moving of any existing structure with a foundation.
(Ord. 04-2025. Passed 4-2-25.)
1162.02 DEFINITIONS.
(a) Words and phrases used in this chapter shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the Zoning Ordinance of the Village shall be given the meanings set forth in such Ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
(1) "Accessory building/structure" 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) "Adaptive reuse" means the rehabilitation and reuse of a building or site for a purpose other than that for which it was built or for which it was designed where alterations do not radically change, obscure, or destroy character-defining spaces, materials, features, or finishes.
(3) "Architectural Integrity" means the level of historical and architectural accuracy of a building, and how closely it resembles its original design and physical composition. It includes the building's materials, color, quality, and architectural elements.
(4) "Area Massing Diagram" means a simplified 3D representation of the subject structure to visualize the shape, form, and volume of a building or urban project in relationship to the surrounding buildings/structures. They are often used in the early stages of design to assess how a structure will scale and interact with its environment. For the purpose of this chapter, the extents of the Area Massing Diagram shall be the block face on both sides of the street, a 500' radius from the subject property, five (5) structures adjacent to the subject property, or extents determined by Planning Staff, whichever is applicable.
Line Drawing illustrating "Area Massing Diagram"
Credit: ALEZ Architects
Architectural Model illustrating "Area Massing Diagram"
Credit: ALEZ Architects
(5) "Continuous Built Edge" refers to a consistent, uninterrupted rhythm of structures along a street, block or urban boundary, where structures are positioned in a way to establish a pattern with minimal gaps, effectively creating a defined edge that establishes a sense of continuity and cohesion within the neighborhood or block fabric.
(6) "Deconstruction" means the systematic dismantling of a structure, typically in the opposite order it was constructed, from roof to foundation, in order to maximize the salvage of materials for re-use, in preference over salvaging materials for recycling, energy recovery, or sending the materials to the landfill.
(7) "Demolition" means the destruction or deconstruction and physical removal of any structure or portion of a structure.
(8) "Demolition by Neglect" means any neglect in the maintenance and repair of a structure which results in the deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows; the lack of adequate waterproofing; or the deterioration of interior features which will or could result in permanent damage, injury, or loss of foundations, exterior walls, roofs, chimneys, doors, or windows or so as to create or permit a hazardous or unsafe condition to exist.
(9) "Design Elements" means any elements that shape the visual identity and style of a building, enhancing its aesthetic appeal through form, texture, color, and proportion. They contribute to the harmony, balance, and character of the structure, reflecting cultural, historical, and functional contexts.
(10) "Economic Stake" means a person's financial interest in the property or project, meaning they have a direct benefit or potential gain from the property's value, usually through ownership, a leasehold interest, or a stake in the profits generated from the property or project, even if they may not hold legal title to it fully.
(11) "Estimated market value" means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus.
(12) "Feasibility Study" means an analysis of a specific project or program to determine if it can be successfully carried out.
(13) "Foundation" means the supporting substructure of a building or other structure for transferring loads to the earth, including but not limited to basements, slabs, or other means of transferring weight to the ground.
(14) "Historical integrity" means the extent to which a property's historic identity is preserved and maintained, as evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
(15) "Master Demolition Plan" means a comprehensive plan intended to guide the demolition and redevelopment of the parcel, and one that includes analysis, recommendations, and proposals for the property going forward. The plan should include, but is not limited to, site access, general improvements, and other relevant data points related to the reuse/rehabilitation of the property including any and all structures to be demolished.
(16) "Primary Building or Structure" means the main or primary building or structure located on a lot within which there is conducted any one or more of the Principal Use(s) found on such lot.
(17) "Principal Use" means the main use to which the premises is devoted.
(18) "Redevelopment" means to demolish an existing structure(s) on any property with the intent to build a new structure in its place, regardless of whether the land use (such as residential, commercial or industrial) remains the same after the demolition and new construction. With approval from Planning Commission, Village Council or the Village Manager, redevelopment may entail restoring the property to its original (pre-construction) condition or applying a landscape solution resulting in greenspace or open space.
(19) "Rehabilitation" means the act or process of physically restoring a property or structure through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural integrity.
(20) "Re-use" means the utilization of a product or material that was previously installed for the same or similar function to extend its life cycle. Materials salvageable for re-use include, but are not limited to, cabinets, doors, hardware, fixtures, flooring, siding, and framing lumber.
(21) "Site Housekeeping (in Construction)" means the ongoing practice of keeping a construction site clean, organized, and free of debris and hazards.
(22) "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.
(Ord. 04-2025. Passed 4-2-25.)
1162.03 APPLICABILITY.
An application for demolition, partial demolition, removal or moving (herein after referred to as "demolition" or "demolish") of any existing primary or accessory structure with a foundation on any property in the Village must be submitted to the Village Planning Staff.
An application for demolition shall be required for the following:
• Any Primary Building or Structure;
• Any Accessory Building or Structure with a foundation;
• Any Partial Demolition greater than or equal to twenty percent (20%) of the existing enclosed square footage.
No structures listed herein shall be demolished, partially demolished, removed or moved (hereinafter collectively referred to as "demolition" or "demolished") until an application for a demolition permit has been submitted in a form prescribed by the Village, and approved by Planning Commission, Village Council, or Village Staff except when demolition is determined by local building officials, as required to abate a nuisance or eliminate an unsafe building.
(Ord. 04-2025. Passed 4-2-25.)
1162.04 ADMINISTRATIVE PROCEDURES FOR APPROVAL.
All applications for demolition of a Primary Building or Structure shall be reviewed by the Planning Commission, which shall provide a recommendation to Council before the application is heard and decided by Council.
All applications for demolition of an accessory building or structure with a foundation and all applications for partial demolition greater than or equal to 20% of the existing enclosed square
footage shall be heard and decided by the Planning Commission. Appeals from the Planning Commission's decisions on such applications may be had as set forth in Section 1141.06.
Process for Review of Applications
In the event that the request for demolition involves more than one structure on the same property, a Demolition Master Plan for all proposed demolitions is required. Each structure will be considered individually.
Peer Review:
Granville Historical Society: The Village Planning Director or the Village Manager shall, within five (5) business days after a complete application for demolition is received, request available archival data and information from the Granville Historical Society as to any documented historical significance the structure may have. In order to be considered at the initial hearing of the application, the information must be disclosed to the applicant not later than seven (7) days before the hearing. Such reports will be considered advisory but not dispositive.
Historic Preservation Professional: Any application for a proposed demolition/partial demolition of a building or structure that:
(1) Was, in whole or in part, constructed fifty (50) or more years prior to the application for demolition; or
(2) Is located in the Architectural Review Overlay District; or
(3) Is located on a parcel in or contiguous or adjacent to the Transportation Corridor Overlay District
shall require, at the Village's expense, a statement from a qualified historic preservation professional, licensed engineer or registered architect who is experienced in adaptive reuse, specifically, rehabilitation of historic structures (as applicable), regarding the soundness of the structure, its historic contribution to the Village, and its suitability for rehabilitation. Such statements will be one of the factors that Planning Commission and Village Council shall consider in reviewing the application. The Village Manager retains the discretion to waive this requirement. Such statements shall be disclosed to the applicant within five (5) business days after receipt by the Village Planning Director or the Village Manager, and not less than seven (7) days before the hearing.
If after receiving such statements the applicant chooses to obtain a separate statement from another qualified historic preservation professional, the applicant upon request shall be provided a reasonable continuance of the initial hearing. Such statement shall be disclosed to the Village Planning Director or Village Manager not less than seven (7) days before the hearing.
Any statement from a qualified historic preservation professional will be considered advisory but not dispositive.
Upon Receipt of a Complete Application:
(a) Any application for demolition must be accompanied by all required supporting documents to be deemed a complete application. Only complete applications will be processed.
(b) All complete applications for demolition of structures shall be reviewed by the Planning Commission within sixty (60) days from the date of filing.
(c) Village Staff shall notice the hearing in the manner prescribed below:
(1) Public Notice of Meeting. Notice of the date set for the Planning Commission and/or Village Council meeting shall be published in one or more local newspapers of general circulation in the Village at least six (6) days before the meeting. Such notice shall include the time, date and place of the meeting and the nature of the request.
Notice to Property Owners. Notice to the applicant, the owner of the property that is the subject of the application (if the owner is not the applicant), and the owner of any property that is adjacent or contiguous to the property that is the subject of the application shall be sent by ordinary mail as evidenced by a certificate of mailing or by personal service at least six (6) days prior to the meeting date before the Planning Commission and/or the Village Council.
A sign shall be posted on the subject property indicating the proposed demolition and the date, time and location of the meeting at least six (6) days prior to the meeting date for Planning Commission and/or the Village Council. The failure of delivery or receipt of such notice, and/or placement of a sign on the subject property, shall not invalidate any recommendation by the Planning Commission or decision by Village Council on the requested demolition.
Processes to Determine Approval/Disapproval:
(a) When applicable, Planning Commission shall make one of the following recommendations to Village Council:
(1) Recommend that the demolition be granted as requested.
(2) Recommend a modification of the demolition request
(3) Recommend that the demolition not be granted.
(b) Action by the Council. The application shall be placed on an agenda within thirty (30) days following receipt of recommendation by Planning Commission.
(1) Following Council's review of the application, Council shall approve, approve with modifications, or disapprove the demolition request.
(2) Council shall make a decision not later than the next regularly scheduled Council meeting following the conclusion of its review, subject to subsection (a) hereof.
When hearing the application for demolition, Planning Commission and Village Council will:
(a) Identify facts which have been presented to the members, which the members believe are supportive of their decision in the case (either for or against demolition);
(1) The members shall understand it is not sufficient for Planning Commission or Village Council to identify the ultimate fact to be determined (compatibility or historic significance), but the members when stating a vote on the motion to grant the request, shall identify the specific facts presented in the matter which caused them to reach their conclusion and support their vote;
(2) If a member states facts with which a second member agrees, the second member may indicate so generally or distinguish his/her findings, relative to the previously stated facts;
(b) The facts identified and agreed upon by a majority of the bodies should be deemed the Findings of Fact;
(c) Provided that no majority vote is obtained, the motion shall be deemed defeated;
(d) Findings of Fact shall contain reasoning for votes whether for or against.
Conditions
In granting a permit for demolition, the reviewing bodies may impose reasonable requirements or conditions relating to the redevelopment plan, planting or landscaping plan, documentation, timeline, or any other desired elements as the bodies deem necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the Purpose statement set forth in Section 1162.01 above.
(Ord. 04-2025. Passed 4-2-25.)
1162.05 CONTENTS OF THE APPLICATION.
Application for demolition must be accompanied by the following submittals to constitute a complete and full application. Only complete applications will be processed. Each application
must be accompanied by a pre-application meeting with Village Planning Staff. In the event that the request for demolition involves more than one structure on the same property, a Master Demolition Plan for all structures is required. Each structure will be considered individually.
(a) Complete and signed application for demolition, partial demolition, removal or moving of the structure consisting of:
(1) A statement addressing the necessity of demolition;
(3) Photographs of the current interior and exterior of the structure that is proposed to be demolished, any special architectural features, the property itself, and all other features of the property;
(4) Site plan to include information on backfill, proposed landscaping, the structures to remain such as foundations and subsurface slabs, and method of preventing voids and underground water accumulation;
(5) A demolition and redevelopment schedule shall be submitted, including:
• When utilities are to be disconnected;
• When demolition or partial demolition is to start;
• The time duration of demolition or partial demolition of buildings;
• When site restoration is to start; and
• Time duration of restoration. The entire schedule duration shall not exceed one hundred twenty (120) days.
(6) A plan for the preservation (and replacement in the case of damage or destruction) of existing trees and other significant landscape features;
(7) Any additional documents that, in the opinion of the staff or Planning Commission, are of significant importance to the demolition request.
(b) Complete zoning application indicating a definite redevelopment plan of the demolished area to scale, to be reviewed and approved separately. A complete application includes:
(1) In the case of replacement of the structure with a new structure (redevelopment), the following are required:
A. Site plan to scale, elevations of all sides of the proposed structure(s), architectural plans, area massing diagram of existing and proposed structures;
C. Statements addressing compliance/conformance of the new structure with applicable zoning standards;
D. Schedule for site redevelopment
• When site redevelopment is to start after demolition is complete, not to exceed six (6) months, and a plan for site housekeeping;
• Time duration of entire subsequent redevelopment. Per Chapter 1137.03(d), Lapse of Permit: "Any permitted excavation, demolition, or construction must start within twelve (12) months and be completed within twenty-four (24) 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. Any other materials which satisfy the submission requirements.
(2) If the area is not proposed to be redeveloped at time of demolition, then a landscaping plan must be submitted. A complete application includes:
A. Statement addressing how the replacement landscaping plan furthers the goals of area or comprehensive plans, and that the subsequent benefits outweigh the historic or architectural significance of the building proposed for demolition;
B. Statement ensuring that all subsurface structures are removed at the time of demolition;
C. Landscape plan to scale, elevations and complete plant materials list (if applicable);
D. Maintenance plan for the area to ensure aesthetic quality;
E. Schedule for site restoration
1. When site restoration is to start after demolition is complete, not to exceed ninety (90) days, and site housekeeping
(c) Where a case for economic hardship is claimed, an economic feasibility report prepared by a registered architect who is experienced in adaptive reuse and/or rehabilitation of historic structures, or appraiser, or other person without an economic stake in the outcome that addresses:
(1) The estimated market value of the property on which the structure lies, both before and after demolition or removal; and,
(2) The feasibility of rehabilitation or reuse of the structure proposed for d demolition or partial demolition, removal or moving; and,
(3) The use of available incentives such as federal and state historic rehabilitation tax credits; and, if such incentives are not employed a statement as to the reasons why;
(d) Any substantive changes to the site plan, site restoration plan, or schedule shall be submitted for review and action by Planning Commission, Village Council or Village Staff following the same process as the original application.
(Ord. 04-2025. Passed 4-2-25.)
1162.06 CRITERIA FOR REVIEW.
(a) The following are the criteria that the Planning Commission, Village Council, or Village Manager or his/her designee will take into consideration in determining whether or not to grant a permit for demolition, partial demolition, removal or moving (herein after referred to as "demolition" or "demolish") of any existing structure with a foundation on any property in the Village.
(1) Would the demolition of the proposed structure adversely affect the health, safety or general welfare of the neighboring properties or community in general?
(2) Does evidence show that retention of the building or structure helps preserve and protect the historical character, an historic place, or area of historic interest in the Village?
(3) Does evidence show that the building or structure is of such architectural or historic significance that its removal would be to the detriment of the public interest?
(4) Does evidence show that the building or structure is of such old and unusual or uncommon design, texture and material that it could not be reproduced or be reproduced only with great difficulty?
(5) Does evidence show that the retention of the building or structure helps maintain the scale, massing, and character of the neighborhood?
(6) Does evidence show that the removal of the structure interrupts the continuous built edge of any adjacent street or right of way?
(7) Does evidence show that the removal of the structure will adversely impact/affect examples of the physical surroundings in which past generations have lived?
(8) Does evidence show that the retention of the building or structure promotes the vitality of the Village by maintaining and increasing real estate values, generating business, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in local history, stimulating interest and study in architecture and design, and making the Village a more attractive and desirable place to live?
(9) Does evidence show that there are any feasible or prudent alternatives or changes that would allow for preservation, rehabilitation, or reuse of the existing building that is in conformance with the intent and requirements of the underlying zoning district?
(10) Does evidence show that the removal of the structure, and the subsequent redevelopment of the site aligns with or furthers the goals of area or comprehensive plans, and that the subsequent benefits outweigh the historic or architectural significance of the building proposed for demolition?
And all of the following apply:
(a) The applicant has agreed to redevelop the site after demolition pursuant to an approved redevelopment plan which provides for a replacement structure(s), or landscape solution, in compliance with existing zoning regulations;
(b) Such a plan shall be compatible with the historical integrity, architectural integrity, and is illustrative of how it enhances the architectural character of the immediate area, neighborhood, corridor, and district;
(c) Such plans must include an acceptable timetable and guarantees which may include performance bonds for demolition and completion of the project; and,
(d) The time between demolition and commencement of new construction generally shall not exceed six (6) months.
In any circumstance, the Planning Commission, Village Council, or Village Manager or his/her designee shall not deny a request for demolition if it determines either:
(1) That such denial will deny all reasonable use of the property, or
(2) That the structure proposed for demolition is structurally unsound despite ongoing efforts by the owner to properly maintain the structure, and such denial shall result in an unsafe condition because of the structural or physical condition of the building.
(Ord. 04-2025. Passed 4-2-25.)
1162.07 CRITERIA FOR REVIEW OF MOVING A STRUCTURE.
No structure may be moved from its current location unless the Planning Commission or Village Council determines that the moving of the structure will not:
(a) Materially and adversely impact the architectural or historical character of the structure;
(b) Will not adversely impact the character of the neighborhood in which the structure stands before demolition; and
(c) Will not detrimentally interrupt the neighborhood in which it is to be relocated.
(Ord. 04-2025. Passed 4-2-25.)
1162.08 Demolition by Neglect (to be relocated from 1161.08) revisions forthcoming
1162.09 DECONSTRUCTION: SALVAGE AND REUSE OF HISTORIC BUILDING MATERIALS.
The applicant shall be encouraged to sell or reclaim a structure and all historic building materials, or permit others to salvage them and to provide an opportunity for others to purchase or reclaim the building or its materials for future use.
(Ord. 04-2025. Passed 4-2-25.)
1162.10 BOND.
The applicant shall guarantee the completion of any approved demolition by furnishing a surety bond to the Village equal to the estimated cost of the demolition. The estimated cost of demolition shall be provided by the applicant and approved by the Village Planner. Any demolition actions and/or landscaping that have not been completed in a time period deemed sufficient by the
Village Manager will result in forfeiture of the bond.
(Ord. 04-2025. Passed 4-2-25.)
1162.11 APPEALS.
All persons who received notice under subsection (f) of Section 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.
(c) Per Chapter 2506 of the Ohio Revised Code: Those aggrieved by the decision of the Village Council may appeal such decision to the Licking County Court of Common Pleas.
(Ord. 04-2025. Passed 4-2-25.)
1162.12 REMEDIES FOR VIOLATION.
Whoever violates any provision of this Chapter 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. In addition, Council, the Law Director, the Village Manager or its/his/her designee may institute appropriate action or proceedings to prevent, restrain, rectify or abate such violation.
(Ord. 04-2025. Passed 4-2-25.)
1163.01 PURPOSE AND INTENT.
It is the intent of the Suburban Residential District to insure that new development is compatible with existing residential development, and through a series of sub districts (SRD-A, SRD-B, and SRD-C), based upon lot size, provide for a transition from the lots in the Village District to the larger lots more typical of rural and township development, and to provide meaningful open space and protect scenic corridors. The district is also intended to provide for uses that customarily support residential facilities, such as schools and churches.
(Ord. 15-08. Passed 1-7-09.)
1163.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses, All Sub-districts.
(1) Single-family dwellings, subject to the requirements listed below.
(2) Public parks, playgrounds, recreation and community center buildings and grounds; golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature, provided that any principal building or swimming pool used therefore shall be located not less than 150 feet from any other lot in any R-District.
(3) Accessory uses such as garages.
(4) Nonprofit educational, civic, religious, and social uses which serve and are compatible with other uses in this District.
(5) Home occupations.
(b) Conditional Uses, All Sub districts (except where specified).
(1) Multi-family (SRD-C only), lodging houses
(2) Nursing homes and children's nursery or day care centers.
(3) Clubs, sororities, fraternities, lodges and meeting places for other organizations, not including any use that is customarily conducted as a gainful business.
(Ord. 15-08. Passed 1-7-09.)
1163.03 DEVELOPMENT STANDARDS.
(a) Lot and Building Requirements by Sub district.
MINIMUM YARDS
Zoning District | Min. Lot Area (Sq. Ft.) | Frontag e* To A R-O-W (Feet) | Front (Feet) | Side (Feet) | Total Side Yard (Feet) | Min. Rear (Feet) | Max. Bldg. Lot Covera ge | Max. Height (Feet) |
SRD-A | 20,000 | 90 | 35 | 14 | 30 | 50 | 15% | 30 |
SRD-B | 10,000 | 75 | 30 | 12 | 26 | 40 | 20% | 30 |
SRD-C | 8,000 | 65 | 30 | 10 | 21 | 40 | 25% | 30 |
* Frontage applies to all publicly dedicated roadways, constructed to the Village Street Construction Standards.
(b) Parking and Accessory Buildings.
(1) With the exception of a single-family housing unit driveway, no parking shall be permitted within the front yard setback.
(2) No driveway or parking area shall be within five feet of a side lot line; or ten feet for multi-family dwellings.
(3) No driveways or parking areas shall be within ten feet of a rear lot line.
(4) For accessory buildings, such as detached garages: minimum yard requirements shall be the same as required for main structures, except in all cases the minimum distance between an accessory building and the rear property line shall be fifteen feet.
(c) Site Development Requirements. In all cases all applicable requirements of the sign, parking, landscaping and subdivision regulations shall be met.
(d) Site Plan Required for Conditional Uses. Except for home occupations, and unless waived by the Planning Commission, a site plan shall be required for conditional uses that indicate:
(1) A traffic and parking system plan that details points of ingress and egress, parking areas with the spaces numbered, access drives and pedestrian walkways. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movements. Walkways shall be designed and built in a manner that provides for consistency and continuity of character and materials. Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses, for multi-family units shall be encouraged.
(2) Storm drainage runoff collection points shall be indicated.
(3) Outdoor trash container systems shall be specifically located and screening shall be provided to enclose such containers from view.
(4) A landscape and outdoor lighting plan.
(5) The applicant shall design and provide a program to control other nuisances related to the carrying out of the land use.
(e) Planning Commission Approval Required.
(1) In any application where an addition, expansion, renovation or remodeling to an existing structure is proposed, if the new enclosed square footage is greater than 20% of the existing structure, the application must follow the guidelines of the Architectural Review Overlay District (AROD). This includes all development requirements outlined in Chapter 1161 and review and approval by the Planning Commission. (Ord. 06-2013. Passed 3-20-13.)
1165.01 PURPOSE AND INTENT.
It is the intent of the Open Space District to protect unique natural, scenic and open space areas while insuring that adequate land is set aside for parks and recreation. In addition, the Open Space District provides protection for agricultural and rural residential areas by controlling new development to insure compatibility with surrounding uses.
1165.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) Public or nonprofit private parks, nature preserves or sanctuaries intended for public use and enjoyment, including necessary accessory structures such as shelters, rest rooms and picnic areas.
(2) Public or private golf courses, including clubhouse facilities.
(3) Agriculture, nurseries and greenhouses, general farming, single-family residences, provided that any greenhouse heating plant shall be located not less than 200 feet from any lot line.
(4) Farm dwellings and related accessory buildings as part of an active agricultural operation.
(5) Dairy farms and other related establishments for processing milk products, not including retail operations beyond those delineated under home occupations.
(b) Conditional Uses.
(1) Any commercial activity that is carried on in conjunction with golf course clubhouse facilities, including golf pro shops and eating facilities.
(2) Cemeteries.
(3) Utility substations, pump houses and other public facilities provided that such uses will not detract from the general character of the area nor adversely affect the comfort, safety or welfare of the residents of the area.
(Ord. 01-2014. Passed 2-19-14.)
1165.03 DEVELOPMENT STANDARDS.
(a) Lot Requirements. Minimum lot size shall be five acres for those uses set forth in Section 1165.02. Minimum lot frontage to a public right-of-way shall be one hundred (100') feet. All structures shall be set back from all public rights-of-way and adjacent property lines a minimum of fifty feet.
(b) Building Requirements. The maximum height of structures shall be thirty feet.
(c) General Development Standards. The Village Planner shall have the right to request and review traffic ingress and egress plans that affect public rights-of-way. No traffic plan shall be designed so as to create unnecessary burdens on public rights-of-way. The Village Planner may attach such further conditions or requirements as are necessary to meet the objectives of the Open Space District as set out in Section 1165.01.
(Ord. 04-15. Passed 4-15-15.)
1167.01 PURPOSE AND INTENT.
The Community Service District is designed to provide for those businesses and commercial uses which require production, service space or extensive storage areas, and for compatible sales operations. The purpose and intent of the district is to provide suitable areas for the development of business service facilities, community service facilities, repair services, suitable types of sales operations, and other compatible uses such as private schools, daycare facilities, restaurants, and residences; and further, to promote and encourage the introduction of limited manufacturing and light industrial operations. (Ord. 04-2024. Passed 2-21-24.)
1167.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) Sales at wholesale or retail, of building materials, paint and other hardware items; lumber and milling operations and products, plumbing, heating and electrical supplies; other home maintenance and improvement sales to the general public; automotive parts supplies; and also manufacture, fabrication or assembly of such products for on premises sale, providing that no such activity shall be permitted which is objectionable, due to noise, fumes, smoke, odor, vibration, or related environmental or social interests.
(2) General business services, duplicating, addressing, reproduction operations, stenographic, mailing services, advertising services, newspaper operations, sheet metal shops, sign painting shops and mechanical and metalworking contractors.
(3) Business machine service and repair operations; repair of small mechanical items such as watches and clocks; electrical appliances and other durable item service and repair; automotive mechanical and body repair and service.
(4) Farm and garden related, milling operations, storage and sales of grain and livestock feed; retail sale or rental of farm implements and products; and sale of livestock and related activities, including temporary storage, providing such operations are not detrimental to surrounding interests.
(5) General equipment, materials and heavy vehicle storage, and sales and related interests, offices and facilities for general contracting, heavy equipment contracting, mechanical, metalworking and electrical contracting and facilities for warehousing, storing and selling materials and equipment used in such businesses; storage yards or plants for rental or sale of construction equipment; building materials yards; chemical packaging, sales and storage; concrete, masonry, sheet metal, plumbing and heating shops and facilities for warehousing, storing and selling materials and equipment used in such businesses.
(6) Car wash operations.
(7) Trade or business schools, provided machinery which is used for instruction is not objectionable due to noise, fumes, smoke, odor or vibration.
(8) Research testing and development activities within entirely enclosed buildings, which are not objectionable due to noise, fumes, smoke, glare, odor, vibration or related environmental or social interests.
(9) Retail outlets: drug stores, variety stores, hardware stores.
(10) Retail food preparation: specialty food shops, ice cream stores, delicatessens; all of which shall be limited to on premise sales only.
(11) Specialty shops: video rental stores, and clothing consignment stores.
(12) Service, and places of assembly: dry cleaning and laundry pick up stations, tanning facilities.
(13) Business and professional offices: medical and dental offices and clinics, Insurance offices, real estate offices.
(14) Mobile food trucks.
(15) Private Schools or Non-Public Schools [or b(8) below]
(b) Conditional Uses.
(1) Light manufacturing, industrial and assembly operations which are not objectionable due to noise, fumes, smoke, glare, odor, vibration or related environmental or social interests.
(2) Automotive related retail sales, including new and used car dealers and miscellaneous marine, motorcycle or similar dealerships.
(3) Retail sale or rental of recreational vehicles such as campers, trailers and other such vehicles, principally for recreational use, being sold or rented separately or in conjunction with a permitted use.
(4) Movers and moving equipment with temporary, limited storage of moved goods.
(5) Residential uses: single, two and multi-family.
(6) Daycare facilities.
(7) Restaurants without drive-in, drive-up, or drive-through arrangements. Drive-through windows are expressly prohibited in the Community Service District.
(8) Private Schools or Non-Public Schools.
(Ord. 04-2024. Passed 2-21-24; Ord. 24-2024. Passed 11-20-24.)
(c) Interpretation of this Section. Each use must have its own independent approval, whether permitted or conditional. (Ord. 02-2022. Passed 2-22-22.)
1167.03 DEVELOPMENT STANDARDS.
(a) The Village Planner shall require a site plan and perform an architectural review of all developments proposed pursuant to this Chapter. The site plan shall indicate:
(1) A traffic and parking system plan that details points of access, identified and numbered parking spaces, and pedestrian walkways. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movements. Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses for multi family units and commercial business centers shall be encouraged.
(2) Storm drainage runoff collection points.
(3) Outdoor trash container systems shall be specifically located and screening shall be provided to enclose such containers from view.
(4) Landscape and outdoor lighting plans.
(5) The applicant shall design and provide a program to control other nuisances related to the carrying out of the land use.
(b) Lot Requirements.
(1) Minimum lot area. None, except that lot size shall be adequate to meet all yard parking requirements.
(2) Minimum lot width. None, except that all lots must abut a public street and have adequate width to meet parking and yard requirements.
(3) Parking areas. Parking may not be provided in the front of structures, but shall be provided at the rear or side of structures. Parking areas shall be no closer to main structures than five feet and shall not be located within ten feet of any lot line. Parking areas adjacent to a residential district shall be screened.
(c) Building Requirements.
(1) Maximum height: thirty feet.
(2) Any accessory buildings shall have the same requirements for yards as main buildings.
(3) Storm drainage collection points shall be indicated and outdoor trash containers shall be specifically located and sufficiently screened to avoid nuisance to and avoid being viewed from surrounding properties.
(4) The screening of open lot storage from all abutting and adjacent lots shall be required.
(5) Setbacks: Side and rear yards shall have a setback of eight feet, and front yards shall have a setback of twenty feet.
(6) Retail outlets, retail food preparation, specialty shops, and service, and places of assembly as itemized in Section 1167.02(a)(9) to (12) respectively, shall be no larger than 12,000 square feet for any single tenant or use.
(Ord. 15-08. Passed 1-7-09.)
1169.01 PURPOSE AND INTENT.
It is recognized that institutions such as a university have special needs and land use requirements. Denison University forms an integral part of the community and it is the intent of the Institutional District to provide for the protection and where necessary, the continued growth of that university and other similar institutions, and to protect and enhance compatibility and relationships to adjacent uses. A primary intent shall be to ensure compatibility of use between the Denison University campus periphery and surrounding and adjacent uses; it is not to unduly restrict or to discourage the continued vitality of Denison University. Specific attention shall be focused on such institutional development that may significantly affect present traffic or parking activity within the Village.
1169.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) University, school and church buildings, including dormitories, classroom buildings, and play fields, except as delineated under conditional uses below.
(2) Faculty housing.
(3) Sorority and fraternity houses.
(4) Passive recreational uses including parks and nature preserves.
(5) Mobile food trucks.
(b) Conditional Uses.
(1) Active recreational uses such as a gymnasium or stadium where a large number of spectators can be anticipated.
(2) Accessory uses such as maintenance shops and storage areas to service an institution.
(3) Parking lots to service the institution located on the periphery of the District or visible from a public street.
(Ord. 08-14. Passed 9-3-14.)
1169.03 DEVELOPMENT STANDARDS.
(a) Lot Requirements.
(1) Minimum lot area: none.
(2) Minimum lot width: none.
(3) Minimum front yard: thirty-five feet.
(4) Minimum side yard: none, except when abutting another district, in which case the minimum side yard shall be fifty feet.
(5) Minimum rear yard: none, except when abutting another district in which case the minimum rear yard shall be fifty feet or as specified above.
(b) Building Requirements.
(1) Maximum building height: as determined by the Village Planner but not to exceed a safe height which may be recommended by the Fire Chief with due consideration given to the type of building construction and the life safety equipment to be contained within the building.
(2) All above lot requirements shall also apply for all accessory buildings.
(c) Site Development Requirements.
(1) All applicable requirements of the sign, parking, landscaping and subdivision regulations shall be met.
(2) A traffic and parking system plan shall be required that details point of ingress and egress into and out of the property, parking area with number of spaces labeled, access drives and pedestrian walkways. The plan shall be so designed as to minimize conflict points between pedestrian and vehicular movements.
(3) Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses shall be encouraged.
(4) Storm drainage runoff collection points shall be indicated. Outdoor trash container systems shall be specifically located and screening shall be provided to enclose such containers from view. Furthermore, the applicant shall design and provide a program to control other nuisances related to the carrying out of land use.
(5) All service and delivery shall be made to the rear of the structure or use, except under unusual conditions, for which service can be made to the side of the structure.
(6) A landscaping and outdoor lighting plan.
(7) In addition to the above requirements, the Village Manager and/or his/her designee shall have the right to request additional information from the applicant and may attach conditions to the approval as necessary to meet the objectives of this Zoning Ordinance and the requirements of health and safety. (Ord. 06-2013. Passed 3-20-13.)
1171.01 PURPOSE AND INTENT.
Planned Development Districts shall include residential, commercial and industrial subdistricts, with the potential for limited mixed-use combinations of residential/commercial uses: Planned Unit District (PUD), Planned Commercial District (PCD), and Planned Industrial District (PIO). It is the intent of the Planned Development Districts to promote the progressive development of land and construction thereon; further it is expected that planned development will achieve:
(a) A more useful and harmonious pattern of residential uses with open space and recreation areas and more convenience in the location of accessory commercial uses and services.
(b) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of normal drainage patterns.
(c) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utility lines and streets.
(d) Commercial areas that: reflect the pedestrian scale and varied traditional architectural styles of commercial downtown Granville; increase tax revenues to both the local schools and the Village, while minimizing costs to the Village for infrastructure acquisition and maintenance; and preserve or enhance, rather than harm, neighborhood, Village, and Granville Township quality of life and property values.
(e) A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.
(Ord. 13-2022. Passed 6-29-22.)
1171.02 USES.
(a) PUD: Planned Unit District Uses.
Permitted Uses:
(1) Dwelling units: single-family residential dwellings and accessory uses incidental thereto such as garages, etc.
(2) Nonprofit cultural, religious or civic uses such as churches, parks and community facilities as determined to be in keeping with the character of this district by the Planning Commission.
(3) Home occupations.
Conditional Uses:
(1) Two-family and multi-family residential dwellings and accessory uses incidental thereto such as garages, etc.
(2) When combined with single-family, two-family or multi-family dwellings in the same PUD development, limited commercial uses that reflect the pedestrian scale and varied traditional architectural styles of commercial downtown Granville. Such commercial uses shall be limited to:
A. Retail food preparation: meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities.
B. Community facilities including nonprofit cultural, civic or religious uses, such as churches, schools and parks.
C. Business and professional offices and financial institutions, such as banks, medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, Certified Public Accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, and stock brokerage offices.
D. Retirement communities, nursing homes, assisted living structures and childcare facilities.
Further, such commercial uses shall be designed, located and developed so as to primarily serve the residents of the PUD and adjacent properties; shall be designed and landscaped in a manner that is compatible with residential development; and shall provide for traffic flow and circulation that does not unreasonably interfere with residential areas inside or outside the PUD. No commercial use shall be approved in a PUD except in combination with single-family, two-family or multi-family residential use in the same PUD development.
Drive-ins, drive-ups and drive throughs shall not be permitted in a PUD.
(b) PCD: Planned Commercial District Uses.
Permitted Uses:
(1) Retail establishments: grocery stores, drug stores, hardware stores.
(2) Retail food preparation: meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities.
(3) Restaurants.
(4) Community facilities including nonprofit cultural, civic or religious uses, such as churches, schools and parks.
(5) Business and professional offices and financial institutions, such as banks, medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, Certified Public Accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, and stock brokerage offices.
(6) Specialty shops: antique shops, gift shops, magazine shops, newsstand, tobacco shops, book stores, clothing stores, jewelry stores, shoe stores, card shops, stationery stores, florist shops, arts and crafts supplies stores, bridal shops, health food stores, musical instruments stores, music stores, bicycle stores, toy stores, audio equipment stores, video equipment stores, china stores, glassware stores, linen stores, computer stores, software stores, quilting stores, fabric stores, office supply stores, picture frame stores, video rental stores, camera and photography shops, optical goods stores, and sporting goods outlets.
(7) Service shops: Laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, copy shops.
(8) Retirement communities, nursing homes, assisted living structures and childcare facilities.
(9) Drive-ins, drive-ups, or drive-throughs as described below:
A. For all parcels zoned PCD after May 20, 1998: drive-ins, drive-ups, or drive-throughs in conjunction with an above-mentioned use, except, that drive-up, drive-through, or drive-in facilities shall not be permitted in or at any fast food enterprise, or any enterprise involving the sale of beverages (for the purposes of this section, a fast food enterprise is a business engaged in the sale of pre-prepared or quickly prepared food and beverages, usually in disposable containers and wrappers, for consumption either on or off premises, in a facility in which a major portion of the food and beverage sales to patrons are at stand-up type counters or drive-in, drive-up, or drive-through arrangements).
B. For all parcels zoned PCD prior to May 20, 1998: drive-ins, drive-ups, or drive-throughs in conjunction with an above-mentioned use.
(10) Gasoline stations, for all parcels zoned PCD prior to the effective date of this ordinance only.
(11) Mobile Food Trucks.
Conditional Uses:
(1) Single-family residential dwellings and accessory structures.
(2) Two-family and multi-family residential dwellings and accessory structures. only when combined with one or more commercial uses in the same PCD development.
(c) PID: Planned Industrial District Uses.
(1) Manufacturing, light industrial uses, processing, warehousing and industrial service activities located and maintained with in the limits of the development standards of these Planned Industrial District regulations.
(2) Research/office facilities.
(3) Professional and business offices.
(4) Aviation-oriented facilities.
(5) Maintenance and storage facilities.
(Ord. 13-2022. Passed 6-29-22.)
1171.03 DEVELOPMENT AND DESIGN GUIDELINES.
(a) Planned Development District Lot Guidelines: Minimum Yards.
Zoning District | Minimum Lot Area | Frontage to Public ROW | Min. Front Setback (feet) | Min. Side Setback (feet) | Min. Total Side Yard (feet) | Min. Rear Setback (feet) | Max. Building Coverage | Max. Height (feet) |
PUD | * | * | 35 | 15 | 30 | 50 | 20% | 35 |
PID | * | 350 | 40 | None | None | 35% | 35 | |
PCD | * | 125 | 30 | 15 | None | 40% | See (d)(1) below |
* Minimum lot area requirements shall be determined by the Planning Commission upon conditions of the proposed development of the land and the requirements established herein for each development. In measuring lot coverage, all buildings and other covered areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas, shall be included.
(1) There must be sufficient lot area and width to meet all parking and yard requirements.
(2) Planned Unit District (PUD) when abutting another district, no structure shall be closer than thirty-five feet and no parking area or access drive shall be closer than fifteen feet to a side lot line.
(3) Planned Industrial District (PIO) when abutting another district, no structure shall be closer than fifty feet and no parking area, loading area or access drive shall be closer than fifteen feet to the rear lot line.
(4) Parking areas shall be no closer to the main structure(s) than ten feet.
(5) Planned Unit District (PUD) parking and accessory building standards shall be as follows:
A. No driveway or parking area shall be within five feet of a side lot line; or ten feet for multi-family dwellings.
B. No driveways or parking areas shall be within ten feet of a rear lot line.
C. For accessory buildings, such as detached garages: minimum yard requirements shall be the same as required for main structures, except in all cases the minimum distance between an accessory building and the rear property line shall be fifteen feet.
(b) Maximum Density - PUD
(1) The gross maximum density in a PUD development shall be as follows:
A. Single-family residential: One (1) dwelling unit per buildable acre dedicated to single-family residential use.
B. Two-family residential: Four (4) dwelling units per buildable acre dedicated to two-family residential use.
C. Multi-family residential: Four (4) dwelling units per buildable acre dedicated to multi-family residential use. The maximum number of dwelling units in a multi-family residential building shall not exceed four (4).
D. Limited commercial:
1. The maximum total gross square footage of all combined commercial uses in a PUD development shall not exceed twenty percent (20%) of the total gross square footage of all combined residential uses in that PUD development. In a PUD development in which all residential uses consist of single-family dwellings, the maximum total gross square footage of all combined commercial uses shall not exceed thirty-five percent (35%) of the total gross square footage of all combined residential uses in that PUD development.
2. As used in this chapter, "buildable" means that part of a lot or parcel whose development is not rendered infeasible by conditions of flood hazard, accessibility, or environmental or legal limitation. Any part of a lot or parcel that is actually developed or to be developed shall be deemed buildable, and any other part of a lot or parcel shall be presumed buildable in the absence of clear and convincing evidence to the contrary. The purpose of this limitation is to exclude any non-buildable part of a lot or parcel from consideration when calculating the maximum allowed densities in a PUD development.
(c) Maximum Density - PCD.
(1) The gross maximum density in a PCD development shall be as follows:
A. Single-family residential: One (1) dwelling unit per buildable acre dedicated to - single-family residential use.
B. Two-family residential: Four (4) dwelling units per buildable acre dedicated to two-family residential use.
C. Multi-family residential: Four (4) dwelling units per buildable acre dedicated to multi-family residential use. The maximum number of dwelling units in a multi-family residential building shall not exceed four (4).
D. Commercial:
1. Maximum total gross square feet per single commercial use or tenant in a PCD shall not exceed 12,000 square feet.
2. Maximum commercial building size in a PCD shall not exceed 20,000 square feet.
3. As used in this chapter. "buildable" means that part of a lot or parcel whose development is not rendered infeasible by conditions of flood hazard, accessibility, or environmental or legal limitation. Any part of a lot or parcel that is actually developed or to be developed shall be deemed buildable, and any other part of a lot or parcel shall be presumed buildable in the absence of clear and convincing evidence to the contrary. The purpose of this limitation is to exclude any non-buildable part of a lot or parcel from consideration when calculating the maximum allowed densities in a PCD development.
(d) Additional Development Standards Relevant to PCD.
(1) Building style and design shall be as set forth in the Building Style, Building Massing, Roof, Windows, Materials and Colors provisions of Section 1175.03(a) of the Zoning Code (building requirements for the Suburban Business District).
(2) The hours of commercial operation shall not exceed 18 hours per day from 6:00 a.m. through 2:00 a.m., with the exception of office, civic and institutional uses and home occupations.
(3) As to other development standards, the Planning Commission may impose any of the other requirements of Section 1175.03(a) on property that is currently zoned or that seeks to be zoned as a Planned Commercial District.
(e) General Site Development Considerations.
(1) The applicable sections of the Subdivision Regulations and the parking, sign and landscaping regulations of this Zoning Ordinance shall be applied. However, a deviation from these regulations may be recommended by the Planning Commission or approved by Council where appropriate to the integrity of the development plan. The Commission shall identify any such deviation in its recommendation to the Council under Section 1171.04.
(2) Traffic plan. A traffic and parking system plan shall be shown that details points of ingress and egress into the property, public and private drives, parking areas and sidewalk areas. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movement, while maintaining ample and safe walkways and pathways.
(3) The Planning Commission shall not recommend nor shall Council approve a development plan unless they find that:
A. Such planned development provides adequate ingress and egress.
B. The planned development does not adversely impact traffic patterns, causing traffic delays or increase traffic usage of municipal streets or existing facilities to the detriment of the safety and welfare of the public.
C. Planned developments fronting on major streets shall be provided with parallel service streets where feasible in order to limit access to one intersection on a major street.
D. Off-street parking shall be provided as established in Chapter 1183. Parking areas must be located behind the front facade of the proposed buildings.
(4) Parking layout. A detailed parking layout must be shown to include the following:
A. Number of spaces indicated by total number of on-site spaces and to be summed by row.
B. Access points and expected movement through and between separate parking lot areas.
C. Expected pedestrian access routes from parking area to stores for PCD. It is encouraged that the total area used for parking be so designed so as to create smaller defined parking lot areas in lieu of a single unbroken paved lot. It is required that adequate landscaping be used to delineate or accent parking and pedestrian areas. Shared parking for multiple buildings is strongly encouraged.
(5) Development incentives: It is the intent that the Planned District be an asset to the surrounding development and as such, development incentives can be granted by the Planning Commission based on the following conditions:
A. In PCD and PIO: Dedicated publicly accessible park land , the amount of acreage to be determined by the Commission. Dedicated site for other necessary municipal services as accepted by the Village. A maximum credit of ten percent (10%) additional ground coverage under PCD and PIO may be granted by the Commission for each of these. Structures, service areas, loading docks, parking areas and pedestrian sidewalks in no case shall cover more than ninety percent (90%) of the site, not including publicly dedicated roadways in the site area calculation.
B. In PUD: Dedicated publicly accessible park land, the amount of acreage to be determined by the Commission. Dedicated school site, the amount of acreage to be determined by the Commission. Dedicated site for other necessary municipal services as accepted by the Village. A maximum credit of five percent (5%) additional ground coverage under PUD may be granted by the Commission for each of these. Structures, service areas, loading docks, parking areas and pedestrian sidewalks in no case shall cover more than ninety percent (90%) of the site, not including publicly dedicated roadways in the site area calculation.
(6) The proposed provisions of all utilities, storm drainage collection, trash collection systems and the lighting system shall be specifically detailed. Trash containers shall be sufficiently screened to avoid nuisance. All litter shall be controlled on site.
(7) The applicant shall show evidence of sufficient control over the land to effectuate the development plan, and the project shall be developed as a unit with respect both to design and construction.
(8) Within the PCD, all service and delivery shall be made to the rear of the structure(s) or use unless special design treatment or other circumstances warrant as approved by the Commission.
(9) In the PCD District, the outdoor storage and display of merchandise on sidewalks or plaza areas shall be prohibited. For zoning to PIO, a descriptive text shall indicate the nature of the activity to be carried on, expected levels of noise, dust, smoke, glare, odor, vibration, or hazardous waste to result from the normal operation of the specific industrial activity. Future expansion plans and uses for all parts of the site are required to be shown, and may be held as a binding condition for approval by the Commission.
(Ord. 13-2022. Passed 6-29-22.)
1171.04 PROCEDURES FOR APPROVAL.
In the event that a proposed PUD or PCD includes any use that is designated by this chapter as a conditional use, prior to or contemporaneously with the submission of an application for approval of the PUD or PCD as set forth below the applicant shall apply to the Board of Zoning and Building Appeals for approval of such conditional use pursuant to Chapter 1145. No proposed PUD or PCD that includes such a conditional use may be approved by Council until such conditional use has received a final approval pursuant to Chapter 1145.
(a) The owner or developer of the land shall submit an application in writing to the Village Manager or his/her designee for consideration. Such application shall include eight copies of a Development Plan for the entire area proposed to be developed in the Planned District classification. The Plan shall include information required under Section 1171.03(c) and drawings sufficient to determine adherence to the requirements of the Zoning Ordinance, including, but not limited to: all proposed and neighboring structures shall be located, and the drawings shall delineate the type, color and nature of materials used as well as show square footage, tenant types and expected entrance(s), service and pedestrian areas for the plan, and floor plans and elevations. A sample of exterior materials to be used in the proposed project shall be included as determined necessary by the Commission (except in the case of brick and natural or cultured stone where samples are always required).
The owner or developer shall submit a Site Analysis Plan that identifies and interprets environmental characteristics and other important resources of the property. The required Site Analysis Plan is intended to promote the protection and integration of natural and cultural resources into the development proposal; encouraging designs that are sensitive to environmental features on a site. Mapping and analysis of site resources such as vegetation, slope, historic resources, and drainage patterns of proposed development layouts are some of the primary reasons for incorporating the site analysis into this ordinance's plan information requirements.
The Development Plan should also identify preserved and beneficial open space. An Open Space Management Plan will be required that addresses planned or permitted uses in the open space as well as maintenance and ownership of the open space. Stormwater management facilities may be appropriate in the open space if designed appropriately.
(b) A preliminary plat for the first phase shall be filed in addition to the application and the Plan. It shall include at least twenty percent (20%) of the total acreage within the Development Plan.
(c) The Commission shall review with the applicant the application, the Development Plan and the preliminary plat for Phase I. The Planning Commission shall invite the opinions of the Village Engineer and department heads regarding the application.
(d) In determining the acceptability of the Plan, and in addition to the development and design guidelines set forth in this chapter, the Commission shall consider distances between buildings, setbacks, yard space, suitability of open space systems, traffic accessibility, landscaping plans, engineering feasibility studies, preservation of rate, historically significant, or scenic existing natural resources, topography, or vegetation, construction sequence and time schedule for completion of each phase of the project, and other elements having a bearing on the overall acceptability of the Plan in keeping with the intent of this section.
(e) After review of the application is complete, but before making recommendation to Council, the Commission shall schedule a public hearing on the application. The Village Clerk shall cause notice of the date and time of the hearing to be published in one or more newspapers of general circulation in the Village.
(f) After the public hearing, the Commission, shall prepare a cover memorandum to the application for the Plan, stating its recommendation for approval, approval with modifications, or disapproval of the plan, submit the cover memorandum and the application to Council, and send a copy of the cover memorandum to the applicant. If approval with modifications is recommended, the Commission shall state any modifications it recommends in the cover memorandum. Should the Commission recommend disapproval of the Development Plan, the applicant may resubmit it with modification to the Planning Commission. If the applicant does not resubmit the plan or state his/her intention to do so within seven days after the hearing, the Commission shall forward the application and cover memorandum recommending disapproval of the plan to Council.
(g) Upon receipt of a recommendation, the Clerk shall place the recommendation on the agenda at a subsequent meeting of Council and give public notice of that fact as set forth in Section 3.06 of the Charter. If Council enacts an ordinance approving the Plan, it shall be considered a binding condition upon which such zoning is based. An appropriate notation to that effect shall be made on the face of the four copies of the Development Plan. One copy each shall be retained by the Planning Commission, Clerk, applicant, and Zoning Inspector. With approval of the Commission, minor modifications of the approved Plan may be made. Such modification shall not increase the overall density on the lot or change the essential character of the original approved plan. If the Commission determines that such proposed changes significantly alter the original Plan, such plan must be resubmitted to Council for approval. The developer shall not proceed with construction prior to final approval of both the overall Plan and that specific phase being considered. Any construction that takes place pursuant to preliminary plan approval without final plan approval shall be considered a violation of this Zoning Ordinance and an abatable nuisance. The development shall be in conformance with the Plan, and construction must begin within two years after the effective date of the Ordinance approving the Plan or the approval is void. For Plans with multiple phases, construction must commence within two years of approval of each phase.
(h) If the Development Plan is disapproved by Council, the applicant may consider the reasons for the disapproval, make revisions to the Plan, and resubmit it to the Planning Commission as a new Development Plan.
(Ord. 13-2022. Passed 6-29-22.)
1173.01 PURPOSE AND INTENT.
The purpose and intent of the Village Gateway District is to create an attractive, well-designed entrance into the community that will provide suitable areas for a mixed uses in a visually-integrated, high-quality neighborhood setting. The Gateway District will have residences along with a moderate concentration of various types of compatible businesses and offices to service neighborhood needs. Special enhancements will include the preservation of existing natural resources, a useful pattern of open space and walking trails, integrated architecture and design that reflects the traditional architectural styles of Granville, adequate parking, appropriate landscaping and screening, desirable aesthetics, and creative site design intended to eliminate adverse effects of traffic congestion. The Village Gateway District is intended to provide increased tax revenues to both the local schools and the Village, while minimizing costs to the Village for infrastructure acquisition and maintenance and preserving or enhancing the quality of life and property values in the Village and Granville Township.
(Ord. 10-2023. Passed 4-19-23.)
1173.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) Retail outlets: furniture, clothing, jewelry, drug, shoe and variety stores, hardware, appliance, lighting, paint and wallpaper stores.
(2) Retail food preparation: meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities. All uses allowed under this provision may also engage in the sale of related products such as coffee beans, mugs, coffee makers in support of or ancillary to the beverages or snacks listed above.
(3) Specialty shops: antique shops, gift shops, magazine, book stores, card shops, stationery stores, florist shops, arts and crafts supplies stores, bridal shops, health food stores, musical instruments stores, music stores, bicycle stores, toy stores, audio equipment stores, video equipment stores, china stores, glassware stores, linen stores, computer stores, software stores, quilting stores, fabric stores, office supply stores, picture frame stores, video rental stores, camera and photography shops and sporting goods outlets.
(4) Service uses. Laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, and copy shops.
(5) Business and professional offices: such as medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, certified public accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, stock brokerage offices, and veterinary offices, hospitals or clinics that do not include outside animal runs.
(6) Banks, finance and utility company offices without drive-through facilities.
(7) Commercial and residential mixed use buildings, with commercial uses on the ground floor and dwelling units above the ground floor.
(8) Home occupations.
(9) Restaurants, without drive-in, drive-up, or drive-through arrangements. Drive-through windows are expressly prohibited in the Village Gateway District.
(Ord. 24-2024. Passed 11-20-24.)
(10) Mobile food trucks.
(b) Conditional Uses.
(1) Mortuaries and funeral homes.
(2) Banks, finance and utility company offices with drive-through facilities.
(3) Grocery stores, convenience stores (without the sale of gasoline or fuel).
(4) Single family, two-family and multifamily residential units, provided that no building shall have more than six dwelling units. No first floor residential uses shall be permitted for properties with frontage and vehicular access to arterial roadways.
(5) Retirement community, nursing homes, assisted living structures and child care/preschool facilities.
(6) Recreational facilities and entertainment uses.
(7) Restaurants with a pick-up window.
(8) Establishments with a service window.
(9) Garden center.
(10) Places of assembly: civic structures, religious structures and other places of assembly.
(11) Mixed-use combinations of multi-family residential, retirement community, nursing homes, or assisted living structures.
(12) Production of artisan goods using hand tools only (for example, jewelry or ceramics).
(13) Veterinary offices, hospitals or clinics that include outside runs. Animal boarding facilities that are not associated with a veterinary office, hospital, or clinic.
(c) Interpretation of this Section. Each use must have its own independent approval, whether permitted or conditional.
(Ord. 10-2023. Passed 4-19-23.)
1173.03 DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
(a) Lot, Building and Other Requirements.
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Density | Maximum of eight (8) dwelling units per acre. | |
Lot Coverage | Lot coverage shall not exceed 60%. In measuring lot coverage, all buildings and other impervious areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas, shall be included. | Lot coverage shall not exceed 60%. In measuring lot coverage, all buildings and other impervious areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas, shall be included. |
Building Orientation | Where feasible, office buildings shall be clustered and arranged in a campus like setting to facilitate common open space. A building shall be oriented so that a principal or primary facade faces each street on which the building fronts. Buildings must have a primary entrance door facing a public sidewalk or pathway. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses. | All elevations of a building's exterior design shall be coordinated with regard to color, materials, architectural form, and detailing. The design of a building must wrap around the sides to present a continuity of design on all exposed sides. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Building Orientation (cont.) | The design of the principal or primary facade shall enhance the pedestrian environment by the use of such architectural elements as doorways, dormers, gables, porches, columns, and cornices. Upper story features such as balconies, mezzanines, and atriums, shall be encouraged provided that they are in proportion to the scale of the rest of the building. All elevations of a building's exterior design shall be coordinated with regard to color, materials, architectural form, and detailing. The design of a building must wrap around the sides to present a continuity of design on all exposed sides. | |
Maximum Single Tenant or Single Use (does not apply to office or institutional uses) | 8,000 gross square feet. | Not applicable. |
Maximum Single Building Size (does not apply to office or institutional uses) | 10,000 gross square feet. In mixed use buildings the maximum allowable gross retail square footage shall be 10,000 square feet. | In mixed use buildings the maximum number of residential dwelling units shall not exceed six (6). |
Lot Size | The minimum and maximum lot size shall be determined by the Planning Commission and shall be based on site conditions and the requirements established within this code for the proposed use of the lot. The combining of lots to accomplish a larger development scheme is strongly encouraged. | The minimum and maximum lot size shall be determined by the Planning Commission and shall be based on site conditions and the requirements established within this code for the proposed use of the lot. The combining of lots to accomplish a larger development scheme is strongly encouraged. |
Front Yard Setbacks | 75 feet from the centerline along arterial streets (for example, Main Street and Cherry Valley Road). However, this standard may be reduced in existing "built-up" areas where a lesser setback area has been previously established and approved. 20-foot minimum setback from the right-of-way along secondary streets (collector, local, cul-de-sac, and service streets). | 75 feet from the centerline along arterial streets (for example, Main Street and Cherry Valley Road). However, this standard may be reduced in existing "built-up" areas where a lesser setback area has been previously established and approved. 20-foot minimum setback from the right-of-way along secondary streets (collector, local, cul-de-sac, and service streets). |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Side Yard Setbacks | 15 feet minimum but can be waived or adjusted by the Planning Commission when applied to similar adjoining uses. | 15 feet minimum but can be waived or adjusted by the Planning Commission when applied to similar adjoining uses. |
Rear Yard Setbacks | 15 feet but can be waived or adjusted by the Planning Commission when applied to similar adjoining uses. On lots that are double-fronted, each side adjacent to a street shall be considered as a front yard and the rear yard regulations shall not apply. | 15 feet but can be waived or adjusted by the Planning Commission when applied to similar adjoining uses. On lots that are double-fronted, each side adjacent to a street shall be considered as a front yard and the rear yard regulations shall not apply. |
On-Site Parking | A single row of parking may be located between the front façade and the roadway, so long as the parking areas are located no closer than ten feet to the right-of-way line. Maximum of 1 space per 250 square feet of building space, except in the case of medical and dental offices and clinics where there shall be a maximum of 1 space per 200 square feet of building space. Off street parking shall be provided by each use but is not required to be on that specific parcel. Shared parking strategies are encouraged. Shared parking with adjacent uses and properties shall be maximized. Shared parking on the same property shall be permitted where adjacent uses will have a need for the parking spaces at different times (for example, where office or commercial may be located on a first floor with residential on an upper floor). Off-site spaces shall be within 300 feet walking distance of a building entrance or use. If the pedestrian access is to cross an arterial street, appropriate safety measures must be present to assist the pedestrian to cross the street. In any event, safe and convenient access, such as a sidewalk or path, must exist or be provided by the property owner from the structure or use to the parking area. | A single row of parking may be located between the front façade and the roadway, so long as the parking areas are located no closer than ten feet to the right-of-way line. Maximum parking ratio of two (2) spaces per unit in the case of multifamily uses, excluding garages. Minimum parking ratio of 1.75 spaces per unit. Parking areas must contain internal landscaped islands at a rate of a minimum of 200 square feet for every ten (10) parking spaces. Parking areas must contain a minimum of 1 deciduous tree for every ten (10) parking spaces in the internal landscaped islands. Parking areas must be screened from the view of the public right-of-way, residential areas, and any open space areas by a 36-42 inch minimum continuous hedge, or by a 42 inch brick or natural stone wall. No parking or drive aisles will be permitted in any setback other than in the case of drive aisles where necessary to grant ingress and egress; or when allowed as part of a larger development scheme and applied to similar adjoining uses. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
On-Site Parking (Cont.) | Parking areas must contain internal landscaped islands at a rate of a minimum of 200 square feet for every ten (10) parking spaces. Parking areas must contain a minimum of 1 deciduous tree for every ten (10)parking spaces in the internal landscaped islands. Parking areas must be screened from the view of the public right-of-way, residential areas, and any open space areas by a 36-42 inch minimum continuous hedge, or by a 42 inch brick or natural stone wall. No parking or drive aisles will be permitted in any setback other than in the case of drive aisles where necessary to grant ingress and egress; or when allowed as part of a larger development scheme and applied to similar adjoining uses. If parking or a drive aisle is located within the front setback, a tree lawn and sidewalk shall still be required between the parking/drive aisle and the street. A deviation from these parking regulations may be recommended by the Planning Commission to the BZBA where appropriate to the integrity of the development plan. | A deviation from these parking regulations may be recommended by the Planning Commission to the BZBA where appropriate to the integrity of the development plan. |
Access Points | Access points shall be combined with adjacent uses and properties to minimize the number of access points. Access points on South Main Street are designated in the South Main Street Corridor Study. | Access points shall be combined with adjacent uses and properties to minimize the number of access points. Access points on South Main Street are designated in the South Main Street Corridor Study. |
Berms/Landscaping Mounds | No berms or landscaping mounds are permitted. | No berms or landscaping mounds are permitted. |
Sidewalks/Pathways | Minimum of 6 feet wide in front of retail, office, civic and institutional uses. | Minimum of 6 feet wide required along all public rights-of-way. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Sidewalks/Pathways (cont.) | Any sidewalk/pathway that is installed as part of the pathway plan and/or along roadways shall be required to meet the width requirements of the Village Pathway Plan. Required along all public rights of way. Shall be integrated with the Village's pathways plan. Property owners will be required to design and construct any portions of the Village Pathway Plan that are within the borders of their property and to dedicate such portions of the pathway to public use. | Any sidewalk/pathway that is installed as part of the pathway plan and/or along roadways shall be required to meet the width requirements of the Village Pathway Plan. Shall be integrated with the Village's pathways plan. Property owners will be required to design and construct any portions of the Village Pathway Plan that are within the borders of their property and to dedicate such portions of the pathway to public use. |
Street Trees | The width of tree lawns and street planting zones shall meet the requirements specified in Chapter 1193. Street trees must be planted in straight lines along each side of any street or public right-of-way. Street trees shall be planted no less than 24 feet and no more than 36 feet on center. Each street tree shall have at least 100 square feet of water permeable surface centered on the tree trunk to help ensure adequate root moisture. | The width of tree lawns and street planting zones shall meet the requirements specified in Chapter 1193. Street trees must be planted in straight lines along each side of any street or public right-of-way. Street trees shall be planted no less than 24 feet and no more than 36 feet on center. Each street tree shall have at least 100 square feet of water permeable surface centered on the tree trunk to help ensure adequate root moisture. |
Walls, Fences and Hedges | Fences and hedges are permitted in the front yard setback to a maximum height of 42 inches. Walls used to screen service areas shall be brick or stone (except that wood may be used where the principal material used on the building is also wood) to a minimum height of 1 foot higher than service area being screened; and shall be screened on all four sides where feasible. ("Service area" includes loading docks, waste collection units, utility vaults that extend above the surface and other equipment providing service to a building or site.) | Fences and hedges are permitted in the front yard setback to a maximum height of 42 inches. Walls used to screen service areas shall be brick or stone (except that wood may be used where the principal material used on the building is also wood) to a minimum height of 1 foot higher than service area being screened; and shall be screened on all four sides where feasible. ("Service area" includes loading docks, waste collection units, utility vaults that extend above the surface and other equipment providing service to a building or site.) |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Walls, Fences and Hedges (cont.) | Non-residential uses shall be separated from other uses at the side and rear by a continuous hedge of landscaping, or brick or stone wall. These hedges or walls shall be 42 inches high. | Residential uses shall be separated from other uses at the side and rear by a continuous hedge of landscaping, or brick or stone wall. These hedges or walls shall be 42 inches high. |
Open Space | Lot coverage shall not exceed 60%. In measuring lot coverage, all buildings and other impervious areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas shall be included. Open space designations shall be designed to be combined with other open space areas on adjacent properties as a "unified development". Rights of way shall not be counted as open space. | Lot coverage shall not exceed 60%. In measuring lot coverage, all buildings and other impervious areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas, shall be included. Open space designations shall be designed to be combined with other open space areas on adjacent properties as a "unified development". Rights of way shall not be counted as open space. |
Detention Basins and Retention Ponds | Detention basins shall be designed by a landscape architect in conjunction with an engineer to ensure that they incorporate naturalistic shapes and that they are planted and maintained in an attractive manner. Scenic retention ponds are encouraged as a means of treating non-point source pollutants. 40% of the perimeter of these ponds, at the outfall, shall be planted in native wetland plantings. The use of low-impact design systems shall be strongly encouraged. | Detention basins shall be designed by a landscape architect in conjunction with an engineer to ensure that they incorporate naturalistic shapes and that they are planted and maintained in an attractive manner. Scenic retention ponds are encouraged as a means of treating non-point source pollutants. 40% of the perimeter of these ponds, at the outfall, shall be planted in native wetland plantings. The use of low-impact design systems shall be strongly encouraged. |
Building Style | Building design shall be of traditional American styles, such as: Post medieval English, Dutch Colonial, French Colonial, Georgian, Adam, Federal, Greek Revival, Gothic Revival, Italianate, Stick, Queen Anne, Shingle, Folk Victorian, New England Colonial, Saltbox, or Vernacular Farmhouse. Commercial or mixed use buildings shall be a minimum of 1 story and a maximum of 3 stories. All other buildings shall be a minimum of 2 stories in appearance and a maximum of 3 stories. The number of stories shall be measured from the front elevation. | Building design shall be of traditional American styles, such as: Post medieval English, Dutch Colonial, French Colonial, Georgian, Adam, Federal, Greek Revival, Gothic Revival, Italianate, Stick, Queen Anne, Shingle, Folk Victorian, New England Colonial, Saltbox, or Vernacular Farmhouse. Buildings shall be a minimum of 1 story and a maximum of 3 stories. The number of stories shall be measured from the front elevation. The entrance to the first floor of any structure shall be at or above grade. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Building Style (cont.) | The entrance to the first floor of any structure shall be at or above grade. Buildings which the ordinary reasonable person would readily associate with a particular entity based on viewing two or more other buildings used by the entity, will be considered in their entirety as signs. As such, all exterior surface square footage shall be taken into account under applicable sign ordinances and regulations. | |
Building Massing | Building massing shall be appropriate, including as related to surrounding setbacks, surrounding buildings, the spaces which are created by the building, and the scale. The appropriate architectural massing and scale shall be achieved by close adherence to the scale and proportioning systems of the traditional American styles. | Building massing shall be appropriate, including as related to surrounding setbacks, surrounding buildings, the spaces which are created by the building, and the scale. The appropriate architectural massing and scale shall be achieved by close adherence to the scale and proportioning systems of the traditional American styles. |
Roof | Simple gable roof forms and dormers are the most consistent with the architectural context of the Village and are encouraged. Roof structures (including air conditioning units and satellite dishes) shall be screened from view on all sides. Roof design shall be reviewed as part of the building design review. The roof design shall be required to be consistent with the architectural style of the building. One story structures shall not have the appearance of a flat roof, and parapet or mansard-style roofs are permitted. | Simple gable roof forms and dormers are the most consistent with the architectural context of the Village and are encouraged. Roof design shall be reviewed as part of the building design review. The roof design shall be required to be consistent with the architectural style of the building. One story structures shall not have the appearance of a flat roof, and parapet or mansard-style roofs are permitted. |
Windows | Window arrangement on all facades shall be simple and harmonious. Horizontal strip windows are prohibited. | Window arrangement on all facades shall be simple and harmonious. Horizontal strip windows are prohibited. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Windows (cont.) | Divided or simulated divided light windows, and/or mullions, are encouraged for all windows, including those used for retail display. Shutters, if used, must each be one half of the width of the window so they appear to be able to cover the window opening if closed. | Divided or simulated divided light windows, and/or mullions, are encouraged for all windows. Shutters, if used, must each be one half of the width of the window so they appear to be able to cover the window opening if closed. |
Materials | Building materials shall be natural in appearance. Brick, stone, and wood siding or equivalent materials are preferred. For example, Hardiplank siding would be considered an equivalent to wood siding in appearance; and cultured stone may also be considered equivalent to natural stone in appearance. Vinyl siding, aluminum siding, cement block, and split-faced block shall be prohibited except that cementitious foundations shall be permitted only within 16 inches of grade. Chimneys shall be brick or stone. For the purpose of this chapter, stone includes both natural stone and cultured stone that is both natural in appearance and is designed to appear native to this region of the country. Brick shall be of a traditional natural range of colors, and not exotic nontraditional varieties, such as white, tan, cream, chocolate brown, glazed, spray painted to resemble used brick. Brick may be painted if the entire exterior surface of the brick and related mortar is painted the same color. | Building materials shall be natural in appearance. Brick, stone, and wood siding or equivalent materials are preferred. For example, Hardiplank siding would be considered an equivalent to wood siding in appearance; and cultured stone may also be considered equivalent to natural stone in appearance. Vinyl siding, aluminum siding, cement block, and split-faced block shall be prohibited except that cementitious foundations shall be permitted only within 16 inches of grade. Chimneys shall be brick or stone. A wood-faced chimney, above the foundation and footers, would also be permitted where the primary exterior material on the building is wood siding. For the purpose of this chapter, stone includes both natural stone and cultured stone that is both natural in appearance and is designed to appear native to this region of the country. Brick shall be of a traditional natural range of colors, and not exotic nontraditional varieties, such as white, tan, cream, chocolate brown, glazed, or spray painted to resemble used brick. Brick may be painted if the entire exterior surface of the brick and related mortar is painted the same color. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Garages | No above grade garages are permitted. | Garages must be set back a minimum of 4 feet from the front facade of the dwelling unit. No garage door facing a street shall be larger than 9 feet in width. Garage doors are recommended to be rear or side loaded. There shall be no more than 2 adjacent garage doors facing the street per unit. If garage doors are facing the street, additional screening may be required. |
Lighting | All lighting shall be natural in appearance (approximate spectrum of sunlight), with a maximum level of five (5) footcandles anywhere on the site. Light trespass measured on contiguous residential property shall not exceed 0.1 footcandles. Light standards in non-residential areas shall not exceed 25 feet in height. Lighting for security, walkways, roadways, and parking lots shall only use shielded light fixtures. Parking area lights should be "full cutoff design" or have shields such that they do not put any light above the horizon and will be mounted to not shine on roadways and neighboring properties. For commercial and industrial uses, light fixtures shall be equipped with automatic timing devices that turn off or reduce lighting during non-operating hours. Light fixtures used to illuminate objects mounted on pole, pedestal, or platform shall use a narrow beam of light that shall not extend beyond the illuminated object. Other upward directed architectural, landscape, or decorative light emissions shall have at least 90% of distribution pattern within the profile of the illuminated structure. | All lighting shall be natural in appearance (approximate spectrum of sunlight), with a maximum level of five (5) footcandles anywhere on the site. Light standards in residential areas shall not exceed 16 feet in height. Lighting for security, walkways, roadways, and parking lots shall only use shielded light fixtures. Parking area lights should be "full cutoff design" or have shields such that they do not put any light above the horizon and will be mounted to not shine on roadways and neighboring properties. Light fixtures used to illuminate objects mounted on pole, pedestal, or platform shall use a narrow beam of light that shall not extend beyond the illuminated object. Other upward directed architectural, landscape, or decorative light emissions shall have at least 90% of distribution pattern within the profile of the illuminated structure. All other outdoor lighting shall use shielded light fixtures. Flickering or flashing lights are not permitted except for holiday decorations. |
CATEGORY | NONRESIDENTIAL | RESIDENTIAL |
Lighting (cont.) | All other outdoor lighting shall use shielded light fixtures. Flickering or flashing lights are not permitted except for holiday decorations. In addition, all lighting shall comply with the Village of Granville Exterior Lighting Guidelines (attached hereto as Exhibit A). Where there is a conflict between the provisions of this section and those lighting guidelines in Exhibit A, the provisions of this section shall prevail. | In addition, all lighting shall comply with the Village of Granville Exterior Lighting Guidelines (attached hereto as Exhibit A). Where there is a conflict between the provisions of this section and those lighting guidelines in Exhibit A, the provisions of this section shall prevail. |
Use of Details | Building and lighting details should be appropriate to the scale, overall design concept and style of the building and its environment. | Building and lighting details should be appropriate to the scale, overall design concept and style of the building and its environment. |
Landscaping and Pedestrian Environment Enhancement | In addition to the landscaping requirements for parking areas, there shall be landscaped areas equal to 20 sq ft per 1000 sq ft of building ground coverage. Such landscape areas shall contain trees, planting beds, hedges, fences, walls, earth mounds, benches, or other materials designed and located to be complementary to the overall architecture. Plants should be used for positively accentuating and highlighting the architectural details of structures, and the surrounding land. Elements which contribute to the quality of the pedestrian environment are preferred. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies. Reasonable and good faith efforts shall be made to preserve existing trees and tree rows where feasible in setback and preservation areas. | In addition to the landscaping requirements for parking areas, there shall be landscaped areas equal to 20 sq ft per 1000 sq ft of building ground coverage. Such landscape areas shall contain trees, planting beds, hedges, fences, walls, earth mounds, benches, or other materials designed and located to be complementary to the overall architecture. Plants should be used for positively accentuating and highlighting the architectural details of structures, and the surrounding land. Elements which contribute to the quality of the pedestrian environment are preferred. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies. Reasonable and good faith efforts shall be made to preserve existing trees and tree rows where feasible in setback and preservation areas. |
Display of Merchandise | The outdoor storage and display of merchandise on sidewalks or plaza areas is prohibited except when a temporary activities permit has been issued. |
Pick-up Windows | Canopies shall be complimentary to building design. Drive aisle shall be screened from public view with a combination of landscaping and decorative walls or fences. Ingress and egress shall be from parking lots in the rear or side of the building, or shall be screened appropriately from the public right-of-way. Each pick-up window shall have one drive aisle and one window. Stacking of vehicles shall be confined to the subject property, and shall not inhibit flow of traffic through or around the site. Hours of operations may be limited by Planning Commission and will not exceed 18 hours a day. Only one pick-up window may be permitted per parcel or building. Only one pick-up window may be permitted within a 500-foot radius. A traffic study is required prior to Conditional Use Approval. | N/A |
(b) Traffic Requirements. A traffic and parking system plan shall be shown that details points of ingress and egress into the property, public and private drives, parking areas and pedestrian walkway areas. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movement while maintaining ample and safe walkways and pathways. The Commission shall not approve the plan unless they find the plan provides adequate ingress and egress and does not adversely impact traffic patterns nor increase traffic usage of municipal streets to the detriment of the safety and welfare of the public.
(Ord. 07-08. Passed 8-6-08; Ord. 10-2023. Passed 4-19-23; Ord. 24-2024. Passed 11-20-24.)
1173.04 PLAN APPROVAL REQUIRED.
An application and plan is required for all new construction, exterior modification or structural alteration in the Village Gateway District.
The application and plan shall show the following:
(a) Drawings. Drawings sufficient to determine adherence to the requirements of the Zoning Ordinance, including: all proposed and neighboring structures shall be located, and the drawings shall delineate the type, color and nature of materials used as well as show square footage, tenant types and expected entrance(s), service and pedestrian areas for the plan, and floor plans and elevations. A sample of exterior materials to be used in the proposed project shall be included.
(b) Traffic Concept. All points of ingress and egress onto public roadways and the overall traffic distribution scheme shall be shown, indicating traffic flow patterns and traffic control points. The criteria that must be followed includes:
(1) Combined curb cuts, especially for any uses that are incorporated in a commercial development;
(2) Minimization of conflict points between auto and pedestrian traffic to include adequate design and demarcation of pedestrian walkways and bikeways from parking and/or driveway areas;
(3) Service traffic separation from customer and commuter traffic;
(4) Service drives or other such improvements may be required if area traffic conditions warrant.
(c) Parking and Utilities. The proposed provision of all utilities, storm drainage retention and/or detention, trash collection systems and the lighting system shall be specifically detailed. A detailed parking layout shall be shown to include the following:
(1) Number of spaces indicated by total number of on-site spaces and to be summed by row;
(2) Access points and expected movement through and between separate parking areas;
(3) Expected pedestrian access routes from parking areas to structures.
(d) Landscaping. All proposed site landscaping shall be indicated as to type and size of material to be used, proposed locations, and other features.
(e) A site analysis plan which includes and identifies, at minimum, basic topography, existing vegetation, location of wetlands (as defined in Section 404 of the Clean Water Act and federal regulations implementing that section), 100-year floodplains, slopes exceeding twenty-five percent (25%), soils subject to slumping as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service, land required for street rights-of-way, and land under or required for the purposes of this plan to be under permanent easement prohibiting future development (including easements for drainage, access, and utilities), and historical sites, structures, and plantings.
(f) Any other plans determined necessary by the Planning Commission for assessing conformance to this Chapter 1175. (Ord. 07-08. Passed 8-6-08.)
1173.05 PROCEDURE FOR APPROVAL.
(a) Application for a Zoning and Architectural Permit in the VGD shall be submitted with eight complete copies of the required plan (except for any required samples of exterior materials where only one sample of each material is required), to the Zoning Inspector.
Applications must be complete in order to be processed. However, partial processing of an application by the Village does not eliminate the requirement for providing further information as necessary to meet the review as described in this Chapter 1173. The time frames as established in Section 1141.05 shall be applicable.
(b) After staff review and recommendations, the application and plans shall be forwarded to the Planning Commission for hearing. The Commission may request additional information from the Zoning Inspector in order to make its recommendation. In determining the acceptability of the site plan, the Commission shall consider all of the requirements in the development standards and design guidelines of Section 1173.03.
(c) In the case of an application for one or more conditional uses and/or applications involving one or more variances, after the hearing and consideration, the Commission shall, either with or without application modifications, approve the application contingent on the applicant obtaining the approval, under the application as contingently approved by the Commission, of the Board of Building and Zoning Appeals of any conditional uses(s) and variance(s), or deny the application. In all other cases, after the hearing and consideration, the Commission shall approve or deny the application, or approve with modifications.
(d) Thereafter, the Zoning Inspector shall issue or refuse to issue a Zoning and Architectural Permit. In all circumstances, the site plan shall be considered a condition of approval of the application. Construction must start within twelve months and be completed within twenty-four months from the date of final approval. With approval of the Commission, subsequent minor modifications of the approved site plan may be made, provided such changes do not alter the essential character, as determined by the Commission, of the original plan as approved. If the Commission determines that such changes are significant, the site plan shall be resubmitted to the Commission for approval as a new application. Any new construction, exterior modification or structural alteration to existing structures which proceed prior to final approval of the site plan shall be deemed to be an abatable nuisance.
(e) Appeals. Appeals from decisions of the Commission on an application for site plan approval may be had as provided in Chapter 1141.
(Ord. 07-08. Passed 8-6-08.)
EXHIBIT “A”
VILLAGE OF GRANVILLE
exterior lighting commercial and residential requirements
I. Prior to the approval of a Zoning Permit and/or Certificate of Occupancy, a plan which complies with the following exterior lighting requirements shall be submitted and approved by the Planning Commission and Village Planner.
II. All developments with 10 or more parking spaces shall provide exterior lighting for all exterior doorways, pedestrian pathways and other areas as determined necessary by the Planning Commission.
III. All developments with less than 10 parking spaces shall provide exterior lighting at all exterior doorways, pedestrian pathways and other areas as determined necessary by the Planning Commission.
IV. New Lighting Equipment Standards for Residential/Commercial.
Luminaire shall be metal-halide Granville prismatic glass acorn with leaf ballast casting and a 3" inch clear decorative finial. The pole shall be a 12' Charleston cast aluminum pole with a 4" smooth diameter shaft. Luminaire wattage shall be 100 watts for residential; and a maximum of 175 watts for commercial sites. The Granville luminaire and Charleston pole shall be factory painted Granville Dark Green.
V. New Lighting Equipment Standards for Commercial/Roadway.
Luminaire shall be a metal-halide Esplanade prismatic glass teardrop. The pole shall be a Columbia cast iron and steel fluted pole with a 6' West Liberty crossarm with cast finial cover. Luminaire wattage shall be 100 for residential; and a maximum of 400 watts for commercial sites. Pole heights shall be determined by site lighting requirements. The Esplanade luminaire shall be painted Granville Dark Green. The Columbia pole and West Liberty crossarm shall be painted in the field to march the Esplanade luminaire.
VI. Site Lighting Criteria:
A. All exterior lighting shall meet the following requirements and shall be demonstrated on all plan submittals:
1. 0.5 footcandles minimum maintained measured at grade in all vehicular use areas and pedestrians pathways. Actual site measurement compliance shall not drop below this minimum stated. For design purposes, the light loss factor (LLF) shall be calculated at:
0.7 LLF for Metal Halide lamp sources
2. Lighting uniformity shall not exceed:
10:1 Maximum to minimum light levels
4:1 Average to minimum light levels
3. Pole height limitations: Height shall be measured from finished grade to top of pole unless otherwise limited by Planning Commission.
Residential/Multi-Family | 12 feet maximum |
Office/Commercial | 28 feet maximum |
Industrial/Warehouse | 28 feet maximum |
Other | Determined by Planning Commission |
VII. Light Trespass Criteria:
A. Light originating on a site shall not be permitted beyond the site to exceed the following values when measured at grade twenty-five (25) feet beyond the property line for the following adjacent properties:
Residential | 0.5 footcandles |
Multi-Family | 0.5 footcandles |
Office/Commercial | 1.0 footcandles |
Industrial/Warehouse | 2.0 footcandles |
Other | Determined by Planning Commission |
VIII. Glare Control Criteria:
A. Lighting required by the Building Code for emergency egress when operating in emergency conditions shall meet all code requirements.
IX. Lighting Plan Submitted Criteria:
A. Submit scaled building plans and elevations showing property boundaries, building location(s), parking lot layout, driveways, pedestrian pathways, all building entrances, adjacent rights-of-way, north arrow, scale, address or legal description. Show locations of all luminaires, controls, and electrical transformers.
B. Submit cut sheets (profiles) for all proposed exterior luminaires and poles.
C. Submit scaled isofootcandle plots and/or point-by-point footcandle layouts defining compliance.
D. Changes during the design and/or construction process after Planning and Zoning Department approval, shall be reviewed for re-approval prior to final acceptance.
1174.01 PURPOSE.
The purpose of this District is "to maintain the long term integrity of the Raccoon Valley Aquifer by properly managing the location, type and operation of existing and proposed land uses in sensitive aquifer areas." (Comprehensive Plan) The District is further intended to safeguard the public health, safety, and welfare of the customers of protected public water supplies by regulating the land use and the storage, handling, use and/or production of Regulated Substances. The area of the Wellhead Protection Overlay is described on the Official Zoning Map. The intent of this designation is to protect the community's potable water supply from contamination.
1174.02 APPLICABILITY TO UNDERLYING ZONING DISTRICTS.
The provisions of this section shall be applicable to all lands shown as being located within the boundaries of the Wellhead Protection Overlay District on the Zoning Map and shall be supplemental to the regulations of the underlying zoning district. Where the requirements of this section are in conflict with the regulations of the underlying district, the more restrictive regulations shall apply.
1174.03 DETERMINATION OF APPLICABILITY.
It shall be the responsibility of any person owning real property or owning or operating a business within the Village of Granville to make a determination of the applicability of this section as it pertains to the property or business or operation, and failure to do so shall not excuse any violations of this section.
1174.04 PERMITTED USES, BULK AND YARD REGULATIONS.
The permitted uses, bulk and yard regulations within the Wellhead Protection Overlay District shall be those of the underlying zoning district, subject to any more restrictive regulations of this Overlay District.
1174.05 SPECIAL USES, PROHIBITED USES, AND NON-CONFORMING USES.
The special uses within the Wellhead Protection Overlay District shall be those of the underlying zoning districts subject to any more restrictive regulations of this Overlay District.
(a) Sanitary landfills, drywells and the filling in of land with demolition debris or other non-approved matter, and junkyards, are prohibited.
(b) Commercial or other facilities for the washing of vehicles or equipment shall be permitted only if the wastewater from such facilities is entirely channeled into the sanitary sewer system.
(c) Wastewater treatment plant discharges are permitted when subject to discharge limitations prescribed by the appropriate state and national regulatory agencies.
(d) If a nonconforming use of any land, building or structure is discontinued for six months or more, any further use shall be in conformity with this District.
1174.06 GROUNDWATER PROTECTION STANDARDS.
(a) Use, storage, handling and/or production of Regulated or Hazardous Substances in conjunction with permitted and conditional uses in this district shall be limited as to each use, to:
(1) The aggregate of Regulated or Hazardous Substances in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.
(2) The total use, storage, handling and/or production of Regulated or Hazardous Substances may not exceed 50 gallons or 400 pounds in any twelve month period.
(b) Storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district shall be in underground tanks placed above the floor surface of a below grade vault. Such tanks shall be of double-wall construction, and otherwise assembled and installed in accordance with applicable regulations. The vault shall allow access for physical inspection of the tank for leakage and the interior of vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank.
(c) Notwithstanding other provisions of this section, non-conforming uses in this district presently utilizing underground storage tanks shall be permitted to replace existing tanks with those constructed as per the specifications of 1174.06(b) above, and not exceeding the capacity of existing tanks.
(d) No substitutions of a non-conforming use shall be permitted which results in an increase of the Hazardous Potential Ranking System on a parcel within this district. If the Hazardous Potential Ranking decreases for a non-conforming use for a period of twelve months or more, the non-conforming right to the higher Hazardous Potential Ranking shall be deemed to have been lost through non-use for that period of time.
(e) Heating fuels for residential use in tanks having a capacity of 500 gallons or less are exempt from this ordinance.
1174.07 HAZARD POTENTIAL RANKING SYSTEM FOR NON- CONFORMING USES.
(a) Any existing uses legally storing, handling using and/or producing Regulated or Hazardous Substances in amounts equal to or less than the requirements under section 1174.06 are considered conforming uses and this section does not apply. Any new use or change of uses shall maintain the conforming status of the property.
(b) Existing non-conforming uses shall be permitted to maintain the reported maximum quantity for each reportable Regulated or Hazardous Substance, as determined by peak business cycle. Existing uses and maximum quantities, in combination with a hazard potential rating shall run with the land and be administered in conformance with all other applicable non-conforming provisions of the Village of Granville Code.
(c) In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors. This ranking, published and updated regularly by the USEPA, is hereby incorporated by reference.
1174.08 REGULATED MATERIALS ACTIVITY INVENTORY.
(a) Except as provided in Section 1174.06 (b) through (e), any owner or occupant of any land in the Aquifer Wellfield Protection Overlay District at the effective date of the section, shall file a Regulated Substance Activity Inventory Report with the Zoning Inspector. Said report shall be filed within one hundred eighty (180) days of the effective date of this section and at twelve (12) month intervals thereafter.
(b) Except as provided in 1174.06 (b) through (e), any new owner or occupant of any land in the Aquifer Wellfield Protection Overlay District shall file a Regulated Substance Activity Report prior to receipt of a Certificate of Occupancy and at twelve (12) month intervals following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this Section.
(c) Where a person owns, operates or occupies more than one location, Regulated Substances Activity Reports shall be made for each location.
(d) Agricultural uses shall file a Regulated Substance Activity Report within one hundred eighty (180) days after the effective date of this Section and at twelve (12) month intervals thereafter. Regulated Substance Activity Reports for agricultural uses shall include total annual on-site application of regulated substances for the reporting property.
1174.09 REGULATED OR HAZARDOUS MATERIALS.
The materials, chemicals or substances regulated by this chapter, and particularly restricted by section 1174.06, are listed and published under the authority of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Title III of the Superfund Amendments and Reauthorization Act (SARA), and the Emergency Planning and Community Right to Know Act of 1986, which list(s) as are currently in effect and may be revised, are hereby adopted by reference.
1175.01 PURPOSE AND INTENT.
The purpose and intent of the Suburban Business District is to provide suitable areas for a mixed use, visually integrated neighborhood with a moderate concentration of various types of compatible businesses to service neighborhood needs, and residences while providing neighborhood and Village enhancing features, such as adequate parking, appropriate landscaping, screening, desirable aesthetics, and site design intended to eliminate adverse effects of traffic congestion. The Suburban Business District is intended to provide increased tax revenues to both the local schools and the Village, while minimizing costs to the Village for infrastructure acquisition and maintenance, and with preservation or enhancement of, rather than harm to, neighborhood, Village, and Granville Township quality of life and property values.
(Ord. 6-97. Passed 4-16-97.)
1175.02 PERMITTED AND CONDITIONAL USES.
(a) Permitted Uses.
(1) Retail outlets: Furniture, clothing, jewelry, drug, shoe and variety stores, hardware, appliance, lighting, paint and wallpaper stores.
(2) Retail food preparation: Meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities all of which shall be limited to on premise sales only.
(3) Specialty shops: Antique shops, gift shops, magazine, book stores, card shops, stationery stores, florist shops, arts and crafts supplies stores, bridal shops, health food stores, musical instruments stores, music stores, bicycle stores, toy stores, audio equipment stores, video equipment stores, china stores, glassware stores, linen stores, computer stores, software stores, quilting stores, fabric stores, office supply stores, picture frame stores, video rental stores, camera and photography shops and sporting goods outlets.
(4) Service, and places of assembly: Laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, copy shops, and civic structures, religious structures and other places of assembly.
(5) Business and professional offices: Medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, certified public accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, and stock brokerage offices.
(6) Mobile food trucks.
(b) Conditional Uses.
(1) Mortuaries and funeral homes.
(2) Gas stations, restaurants and all other traffic oriented commercial establishments.
(3) Banks, finance and utility company offices.
(4) Grocery stores, convenience stores, hotels, motels and inns.
(5) Single family, two-family and multifamily residential units.
(6) Retirement community, nursing homes, assisted living structures and child care/preschool facilities.
(7) Recreational facilities and entertainment uses.
(8) Drive-ins, drive-ups, or drive-through areas in conjunction with a permitted, or approved conditional use, except, that drive-up, drive-through, or drive-in facilities shall not be permitted in or at any fast food enterprise, or any enterprise involving the sale of beverages (for the purposes of this section, a fast food enterprise is a business engaged in the sale of pre-prepared or quickly prepared food and beverages, usually in disposable containers and wrappers, for consumption either on or off premises, in a facility in which a major portion of the food and beverage sales to patrons are at stand-up type counters or drive-in, drive-up, or drive-through arrangements)
(9) Garden center.
(c) Interpretation of this Section. Each use must have its own independent approval, whether permitted or conditional.
(Ord. 08-14. Passed 9-3-14.)
1175.03 DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
(a) Lot, Building and Other Requirements.
Category | Nonresidential | Residential |
Density | Maximum of 5,000 total gross square feet per acre. | Maximum of 4 dwelling units per acre. |
(A density bonus is available for certain open space plans. See Open Space below.) | (A density bonus is available for certain open space plans. See Open Space below.) | |
Lot Coverage | Lot coverage shall not exceed 50%. In measuring lot coverage, all buildings and other covered areas, such as parking areas, sidewalks, loading areas, driveways and driveway areas, shall be included. | Not applicable. |
(A density bonus is available for certain open space plans. See Open Space below.) | ||
Building Orientation | Office buildings shall be clustered and arranged in a campus like setting to facilitate common open space. | Any side of a building which faces a public street, right-of-way, public park or open space shall be compatible with and use the same types of materials as the other sides of the building. |
Any side of a building which faces a public street, right-of-way, public park, or open space shall be compatible with and use the same types of materials as the other sides of the building. | ||
Maximum Single Tenant or Single Use (does not apply to office, or institutional uses) | 4,000 gross square feet. | Not applicable. |
Lot Size | Maximum of 5 acres for any lot which includes one or more non-residential, non-office, non-civic or non- institutional uses. | The gross density in a development shall not exceed one unit per one and one-half acres. |
The maximum density is four units on any given acre in development. Publicly dedicated streets shall not be included in the computation of area. | ||
Category | Nonresidential | Residential |
Build To Lines | 20 feet from the right-of-way line along arterial streets (for example, Main Street and Cherry Valley Road). | Same as front yard setback. |
30 feet from the right-of-way along secondary streets (collector, local, cul de-sac, and service streets), where at least 50% of the front facades of structures shall be at the build to line. | ||
Front Yard Setbacks | The front yard setback shall be the build to line. | 50 feet for collector and arterial streets, and 25 feet for all other streets. |
Either at least 50% of the front facades of structures shall be at the build to line, or at least 50% of the build to line shall be at the front facades of the structures. | ||
Side Yard Setbacks | 15 feet minimum for lots greater than 1 .acre in size. | 15 feet minimum |
5 feet minimum for lots less than or equal to 1 acre in size | ||
On-Site Parking | Parking areas must be located behind the front facade of the proposed buildings. | Maximum parking ratio of 2 spaces per unit in the case of multifamily uses. |
Maximum of 1 space per 250 square feet of building space, except in the case of medical and dental offices and clinics where there shall be a maximum of 1 space per 200 square feet of building space. | Minimum parking ratio of 1.75 spaces per unit. | |
Parking areas must contain internal landscaped islands at a rate of a minimum of 200 square feet for every 10 parking spaces. | Parking areas must be located behind the front facade of the proposed buildings except in the case of single family residences. | |
Parking areas must contain a minimum of 1 deciduous tree for every 10 parking spaces in the internal landscaped islands. | Parking areas must contain internal landscaped islands at a rate of a minimum of 200 square feet for every 10 parking spaces. | |
Parking areas must contain a minimum of 1 deciduous tree for every 10 parking spaces in the internal landscaped islands | ||
Category | Nonresidential | Residential |
On-site Parking (Cont.) | Parking areas must be screened from the view of the public right-of-way, residential areas, and any open space areas by a 42 inch minimum evergreen hedge, or by a 42 inch brick or natural stone wall. | Parking areas must be screened from the view of the public right-of-way and any open space areas by a 42 inch minimum evergreen hedge, or by a 42 inch brick or natural stone wall. |
No parking or drive aisles will be .permitted in any setback other than in the case of drive aisles where necessary to grant ingress and egress. | No parking or drive aisles will be permitted in any setback other than in the case of drive aisles where necessary to grant ingress and egress. | |
Berms/Landscaping Mounds | No berms or landscaping mounds are permitted. | No berms or landscaping mounds are permitted. |
Sidewalks | Minimum of 15 feet wide in front of retail. | Minimum of 6 wide feet required along all public right-of-ways. |
Minimum of 6 feet wide in front of office, civic and institutional uses. | Shall be integrated with the Village's pathways plan. | |
Required along all public rights of way. | ||
Shall be integrated with the Village's pathways plan. | ||
Street Trees | Tree lawns and street planting zones of at least 6 feet in width, in addition to walkway and parking shall be provided. | Tree lawns and street planting zones of at least 6 feet in width, in addition to walkway and parking shall be provided. |
Street trees must be planted in straight .lines along each side of any street or public right-of-way. | Street trees must be planted in straight lines along each side of any street or public right-of-way. | |
Street trees shall be planted no less than 24 feet and no more than 36 feet on center. | Street trees shall be planted no less than 24 feet and no more than 36 feet on center. | |
Each street tree shall have at least 100 square feet of water permeable surface centered on the tree trunk to help ensure adequate root moisture. | Each street tree shall have at least 100 square feet of water permeable surface centered on the tree trunk to help ensure adequate root moisture. | |
Category | Nonresidential | Residential |
Walls, Fences and Hedges | Fences and hedges are permitted in the front yard setback to a maximum height of 42 inches. | Fences and hedges are permitted in the front yard setback to a maximum height of 42 inches. |
Walls used to screen service areas shall be brick or stone to a minimum height of 1 foot higher than service area being screened. | Walls used to screen service areas shall be brick or stone to a minimum height of 1 foot higher than service area being screened. | |
Non-residential uses shall be separated from other uses at the side and rear by a continuous hedge of landscaping, or brick or stone wall. These hedges or walls shall be 42 inches high. | ||
Open Space | A density incentive of an additional 5,000 gross square feet per acre of density (or a total of 10,000 gross square feet per acre), plus an additional 20% for a total of 70% lot coverage, plus in the case of lots to be used exclusively for offices, an additional 2,000 gross square feet of density (for a total of 12,000 gross square feet per acre for such office uses) is available in return for the dedication of open space under the following conditions: | A density incentive of an additional 2 dwelling units per acre (for a total of 6 dwelling units per acre and a gross density of 1 unit per acre) is available in return for the dedication of open space under the following conditions: |
(1) The dedication is of a minimum of 20% of the gross total tract area, and (2) 50% of the dedicated open space is further dedicated for public use, including trails, parks, active recreation and the like, and (3) The Planning Commission approves the dedication. In considering approval, the Planning Commission shall be guided by: (a) the usefulness of the open space for trails, paths, parks, greens, and active recreation areas, including whether or not the tract's proposed open space adjoins in a harmonious manner other existing public open spaces; and | (1) The dedication is of a minimum of 20% of the gross total tract area, and (2) 50% of the dedicated open space is further dedicated for public use, including trails, parks, active recreation and the like, and (3) The Planning Commission approves the dedication. In considering approval, the Planning Commission shall be guided by: (a) the usefulness of the open space for trails, paths, parks, greens, and active recreation areas, including whether or not the tract's proposed open space adjoins in a harmonious manner other existing public open spaces, and (b) the degree to which the dedication includes desirable open space areas such as forests, floodplains, steep slopes, and historical sites, structures, and plantings. |
Category | Nonresidential | Residential |
Open Space (Cont.) | (b) the degree to which the dedication includes desirable open space areas such as forests, floodplains, steep slopes, and historical sites, structures, and plantings. | Rights of way shall not be counted as open space. |
Rights of way shall not be counted as open space. | ||
Detention Basins and Retention Ponds | Detention basins shall be designed by a landscape architect in conjunction with an engineer to ensure that they incorporate naturalistic shapes and that they are planted and maintained in an attractive manner. | Detention basins shall be designed by a landscape architect in conjunction with an engineer to ensure that they incorporate naturalistic shapes and that they are planted and maintained in an attractive manner. |
Scenic retention ponds are encouraged as a means of treating non-point source pollutants. 40% of the perimeter of these ponds, at the outfall, shall be planted in native wetland plantings. | Scenic retention ponds are encouraged as a means of treating non-point source pollutants. 40% of the perimeter of these ponds, at the outfall, shall be planted in native wetland plantings. | |
Building Style | Building design shall be of traditional American styles, such as: Postmedieval English, Dutch Colonial, French Colonial, Georgian, Adam, Federal, Greek Revival, Gothic Revival, Italianate, Stick, Queen Anne, or Shingle. | Building design shall be traditional American styles, such as: Postmedieval English, Dutch Colonial, French Colonial, Georgian, Adam, Federal, Greek Revival, Gothic Revival, Italianate, Stick, Queen Anne, or Shingle. |
Office buildings shall be a minimum of 1.5 stories and a maximum of 2 stories. All other buildings shall be a minimum of 2 stories in appearance and a maximum of 2.5 stories. | Buildings shall be a minimum of 1.5 stories and a maximum of 2.5 stories. | |
The entrance to the first floor of any structure shall be at or above grade. | The entrance to the first floor of any structure shall be at or above grade. | |
Category | Nonresidential | Residential |
Building Style (Cont.) | Buildings which the ordinary reasonable person would readily associate with a particular entity based on viewing two or more other buildings used by the entity, will be considered in their entirety as signs. As such, all exterior surface square footage shall be taken into account under applicable sign ordinances and regulations. | |
Building Massing | Building massing shall be appropriate, including as related to surrounding setbacks, surrounding buildings, the spaces which are created by the building, and the scale | Building massing shall be appropriate, including as related to surrounding setbacks, surrounding buildings, the spaces which are created by the building, and the scale. |
The appropriate architectural massing and scale shall be achieved by close adherence to the scale and proportioning systems of the traditional American styles. | The appropriate architectural massing and scale shall be achieved by close adherence to the scale and proportioning systems of the traditional American styles. | |
Roof | Simple gable roof forms and dormers are the most consistent with the architectural context of the Village and are encouraged. | Simple gable roof forms and dormers are the most consistent with the architectural context of the Village and are encouraged. |
Roof structures (including air conditioning units and satellite dishes) shall be screened from view on all sides | Roofs shall have a minimum pitch of 8/12. | |
Roofs shall have a minimum pitch of 8/12. | ||
Windows | Window arrangement on all facades shall be simple and harmonious. | Window arrangement on all facades shall be simple and harmonious. |
Horizontal strip windows are prohibited. | Horizontal strip windows are prohibited. | |
Divided light windows, and/or mullions, are required for all windows, including those used for retail display. | Divided light windows, and/or mullions, are required for all windows. | |
Shutters, if used, must each be one half of the width of the window so they appear to be able to cover the window opening if closed. | Shutters, if used, must each be one half of the width of the window so they appear to be able to cover the window opening if closed. | |
.
Category | Nonresidential | Residential |
Materials | Building materials shall be natural. Brick, stone and wood siding are preferred. High grade “Restoration" vinyl or equal is permissible. | Building materials shall be natural. Brick, stone and wood siding are preferred. High grade "Restoration" vinyl or equal is permissible. |
Chimneys shall be brick or stone. | Chimneys shall be brick or stone. | |
For the purpose of this chapter, stone includes both natural stone and cultured stone that is both natural in appearance and is designed to appear native to this region of the country. | Brick shall be of a traditional natural range of colors, and not exotic nontraditional varieties, such as white, tan, cream, chocolate brown, glazed, or spray painted to resemble used brick. | |
Brick shall be of a traditional natural range of colors, and not exotic nontraditional varieties, such as white, tan, cream, chocolate brown, glazed, or spray painted to resemble used brick. | Brick may be painted if the entire exterior surface of the brick and related mortar is painted the same color. | |
Brick may be painted if the entire exterior surface of the brick and related mortar is painted the same color. | ||
Drive-throughs, Drive-ins and Drive-ups | Any drive-throughs, drive-ins, and drive-ups shall be in the rear of the structure, and ingress to and egress from drive-throughs, drive-ins, and drive-ups shall be from the parking lots at the rear of the structure. | N/A |
Hours of Operation | A maximum of 18 hours per day. | N/A |
Colors | Colors selected from the Sherwin- Williams"Heritage Colors" series, the Coronado Chesapeake Bay Restoration Colors" series, and the Benjamin Moore "Historical Color Collection" series are pre-approved. | Colors selected from the Sherwin Williams"Heritage Colors" series, the Coronado "Chesapeake Bay Restoration Colors" series, and the Benjamin Moore "Historical Color Collection" series are pre-approved. |
Garages | No above grade garages are permitted. | Garages must be set back a minimum of 4 feet from the front facade of the dwelling building. No garage door facing a street shall be larger than 9 feet in width. |
There shall be no more than 2 adjacent garage doors facing the street. | ||
Category | Nonresidential | Residential |
Lighting | All lighting shall be natural in appearance (approximate spectrum of sunlight), with a maximum level of 25 footcandles anywhere on the site. | All lighting shall be natural in appearance (approximate spectrum of sunlight), with a maximum level of 25 footcandles anywhere on the site. |
All lighting shall meet the Village of Granville Exterior Lighting Guidelines. | All lighting shall meet the Village of Granville Exterior Lighting Guidelines. | |
Use of Details | Building and lighting details should be appropriate to the scale, overall design concept and style of the building and its environment. | Building and lighting details should be appropriate to the scale, overall design concept and style of the building and its environment. |
Landscaping and Pedestrian Environment Enhancement | Plants should be used for positively accentuating and highlighting the architectural details of structures, and the surrounding land. | Plants should be used for positively accentuating and highlighting the architectural details of structures, and the surrounding land. |
Elements which contribute to the quality of the pedestrian environment are preferred. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies. | Elements which contribute to the quality of of the pedestrian environment are preferred. Included among these may be benches, water fountains, seating areas, arcades, awnings or canopies. |
(b) Traffic Requirements. A traffic and parking system plan shall be shown that details points of ingress and egress into the property, public and private drives, parking areas and pedestrian walkway areas. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movement while maintaining ample and safe walkways and pathways. The Commission shall not approve the plan unless they find the plan provides adequate ingress and egress and does not adversely impact traffic patterns nor increase traffic usage of municipal streets to the detriment of the safety and welfare of the public.
(Ord. 6-97. Passed 4-16-97.)
1175.04 SITE PLAN APPROVAL REQUIRED.
An application and site plan is required for all new construction, exterior modification or structural alteration in the Suburban Business District. The application and site plan shall show the following:
(a) Drawings sufficient to determine adherence to the requirements of the Zoning Ordinance, including: all proposed and neighboring structures shall be located, and the drawings shall delineate the type, color and nature of materials used as well as show square footage, tenant types and expected entrance(s), service and pedestrian areas for the plan, and floor plans and elevations. A sample of exterior materials to be used in the proposed project shall be included as determined necessary by the Planning Commission (except in the case of brick and natural or cultured stone where samples are always required).
(b) Traffic Improvement Plan. All points of ingress and egress into public roadways and the overall traffic distribution scheme shall be shown, indicating traffic flow patterns and traffic control points. The criteria that must be followed includes:
(1) Combined curb cuts, especially for any uses that are incorporated in a commercial development;
(2) Minimization of conflict points between auto and pedestrian traffic to include adequate design and demarcation of pedestrian walkways and bikeways from parking and/or driveway areas;
(3) Service traffic separation from customer and commuter traffic;
(4) Service drives or other such improvements may be required if area traffic conditions warrant.
(c) Parking and Utilities. The proposed provision of all utilities, storm drainage retention and/or detention, trash collection systems and the lighting system shall be specifically detailed. A detailed parking layout shall be shown to include the following:
(1) Number of spaces indicated by total number of on-site spaces and to be summed by row;
(2) Access points and expected movement through and between separate parking areas;
(3) Expected pedestrian access routes from parking areas to structures.
(d) Landscaping. All proposed site landscaping shall be indicated as to type and size of material to be used, proposed locations, and other features.
(e) A site analysis plan which includes and identifies, at minimum, basic topography, existing vegetation, location of wetlands (as defined in Section 404 of the CleanWater Act and federal regulations implementing that section), 100-year floodplains slopes exceeding twenty-five percent(25%), soils subject to slumping as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service, land required for street rights-of way, and land under or required for the purposes of this plan to be under permanent easement prohibiting future development (including easements for drainage, access and utilities), and historical sites, structures, and plantings.
(f) Any other plans determined necessary by the Planning Commission for assessing conformance to this Chapter 1175.
(Ord. 15-08. Passed 1-7-09.)
1175.05 PROCEDURE FOR APPROVAL.
(a) Application for a Zoning Permit in the SBD shall be submitted with eleven complete copies of the required site plan (except for any required samples of exterior materials where only one sample of each material is required), to the Zoning Inspector. Applications must be completed in order to be processed. However, partial processing of an application by the Village does not eliminate the requirement for providing further information as necessary to meet the review as described in this Chapter 1175. The time frames as established in Section 1141.05 shall be applicable.
(b) After staff review and recommendations, the application and plans shall be forwarded to the Planning Commission for hearing. The Commission may request additional information from the Zoning Inspector in order to make its recommendation. In determining the acceptability of the site plan, the Commission shall consider all of the requirements in the development standards and design guidelines of Section 1175.03.
(c) In the case of an application for one or more conditional uses and/or applications involving one or more variances, after the hearing and consideration, the Commission shall, either with or without application modifications, approve the application contingent on the applicant obtaining the approval, under the application as contingently approved by the Commission, of the Board of Zoning and Building Appeals of any conditional uses(s) and variance(s), or deny the application. In all other cases, after the hearing and consideration, the Commission shall approve or deny the application, or approve with modifications.
(d) Thereafter, the Zoning Inspector shall issue a Zoning Permit. In all circumstances, the site plan shall be considered a condition of approval of the application. Construction must start within twelve months and be completed within twenty-four months from the date of final approval. With approval of the Zoning Inspector, subsequent minor modifications of the approved site plan may be made, provided such changes do not alter the essential character, as determined by the Zoning Inspector of the original plan as approved. If the Zoning Inspector determines that such changes are significant, the site plan shall be resubmitted to the Commission for approval as a new application. Any new construction, exterior modification or structural alteration to existing structures which proceed prior to final approval of the site plan shall be deemed to be an abatable nuisance.
(e) Appeals . Appeals from decisions of the Commission on an application for site plan approval may be had as provided in Chapter 1141.
(Ord. 15-08. Passed 1-7-09.)
1176.01 INTERPRETATION.
The intent of this Chapter is to establish a zoning district which is to overlay existing zoning districts, the purpose of which is to impose additional regulations or incentives on the manner in which properties in such districts are used, in addition to those regulations or incentives imposed by the underlying zoning. By definition, an overlay district incorporates more than one category of land use (district). (Ord. 06-05. Passed 3-2-05.)
1176.02 PURPOSE.
The purpose of this corridor overlay district is to protect and preserve the visual qualities, existing open space, and historic landscapes of major community entry points and to preserve rural character, all of which identify and define the Granville community. This district will maintain the long-term function of these corridors by limiting access points and curb openings, providing opportunities for improved pedestrian and bicycle circulation, promoting architectural continuity and good design, and protecting important scenic vistas, trees and vegetation stands. Promoting desirable relationships between circulation systems and adjacent land uses and controlling signs, parking areas, and buildings along community signature streets are additional benefits.
(Ord. 06-05. Passed 3-2-05.)
1176.03 DISTRICT AREA.
The following is the area of the corridor district:
All land within one hundred (100) feet of the right-of-way line of Newark-Granville Road, West Broadway, State Route 661, South Main Street, and Welsh Hills Road between the Village Architectural Review District and the Village limits. Also, all addresses and lands on North Cherry Valley Road, South Galway Drive, and Westgate Drive.
(Ord. 06-05. Passed 3-2-05.)
1176.04 CORRIDOR DISTRICT DESIGN, DEVELOPMENT AND MAINTENANCE STANDARDS.
(a) Setback Requirements. Setbacks in areas designated for office, commercial, or similar uses should be consistent with other buildings already constructed within
the general area.
(b) Access and Circulation. Access and circulation standards that apply include the following:
(1) A maximum of two curb cuts per property frontage are permitted.
(2) Limited frontage roads and shared curb cuts should be encouraged.
(3) Pedestrian access should be provided and designed to minimize automobile/pedestrian conflict.
(c) Development Standards.
(1) Utility and transmission lines are to be located in underground conduit wherever possible.
(2) Loading areas, public parking areas, storage areas including trash storage receptacles shall be completely screened from corridor roads.
(3) For any lot splits of any parcel originally within the TCOD (in whole or in part) the minimum lot size for any parcel shall not be less than one (1) acre.
(d) Landscaping Requirements. The objective is a comprehensive landscape program for each parcel or lot within the Corridor Overlay District, to protect and promote the appearance, character, and economic value of lands along the corridor and surrounding neighborhoods. Elements include tree preservation, landscape plan and planting requirements, parking area requirements, and maintenance standards. Landscape requirements to be submitted for review by the Planning Commission include the following:
(1) A landscaped greenbelt area shall be provided between the building(s) and roadway edge. This area shall include only plant material, plazas, walks and bikeways, sculpture, or signage. Such greenbelt treatment shall be submitted to the Planning Commission for review. Existing vegetation shall be preserved and protected as much as feasible, and large proposed plantings shall be exhibited or illustrated on submitted proposals.
(2) Details of the location, type, size, and amount of plant material proposed as well as areas of tree preservation, existing plant material and greenbelt treatment.
(3) Outdoor lighting plans.
(e) Fences, Walls or Barriers. No fence, wall or other artificial barrier shall be erected and/or constructed in this district without prior approval of the Planning Commission. Approval shall be based upon review of an application as set forth in Section 1137.05 of the Codified Ordinances of Granville, Ohio. Planning Commission review shall include type, location, height, compatibility with the area and such other features or characteristics as may be appropriate.
(Ord. 08-2022. Passed 5-5-22.)
1176.05 CHERRY VALLEY ROAD CORRIDOR STANDARDS.
The Village desires to insure that new developments and redevelopments on lands served by Cherry Valley Road (and South Galway Drive) do not overwhelm the carrying capacity of the new roadway system. As such, the Village has adopted a plan, with standards, that: limits corridor traffic volumes to acceptable levels and, defines specific points of access for the properties.
(a) In order to maintain a safe and effective roadway system within the Cherry Valley Road corridor, the number of access points on Cherry Valley Road and South Galway Drive shall be minimized. The access points shall be located properly and be of appropriate design. Referencing Figures 1 and 2, and recognizing that long-term development/redevelopment is being considered, the following "access management" guidelines shall be followed:
(1) Prohibit access for Site A off Newark-Granville Road.
(2) Permit up to two full access points for Site A on South Galway Road.
A. Drive A-1 is located opposite Donegal Drive.
B. Drive A-2 is located about 500 feet southeast of Donegal Drive.
(3) Permit one full access point for Site A on Cherry Valley Road. This point of access should be located approximately 400 feet north of the centerline of South Galway Drive. This driveway (Drive A-3) should align with the driveway serving Site C.
(4) Permit up to two full access points for Site B on South Galway Drive.
A. Drive B-1 should be aligned with Drive A-2 - which should be located about 500 feet southeast of Donegal Drive.
B. Drive B-2, which primarily serves as an access road for Wendy's, could also be used to serve Site B - particularly the portion of the tract that lies north of Wendy's between Drive B-2 and Cherry Valley Road. The intersection of Drive B-2 on South Galway Drive should be placed approximately 350 feet west of the centerline of Cherry Valley Road.
(5) Permit one access point for Site B on Cherry Valley Road. This access point could serve the portion of the tract north of Wendy's between Drive B-2 and Cherry Valley Road.
(6) Alternate access for Wendy's shall be provided via Drive B-2 as described above, unless this requirement is waived by the Planning Commission.
(7) Provide one full access point for Site C on Cherry Valley Road. This access point (Drive C) should align with Drive A-3 that serves Site A which should be located approximately 400 feet north of the centerline of South Galway Drive. (A single access point serving Site C would be realized only with the redevelopment of the involved properties. If the involved properties are redeveloped, consideration shall be given to the elimination of access for Site C on Newark-Granville Road.)
(8) Provide one full access point for Site D on Cherry Valley Road. This access point (Drive D) should align with South Galway Drive.
(9) Provide northbound and southbound left turn lanes, as appropriate, on Cherry Valley Road at its intersections with South Galway Drive/Drive D, Drive A-3/Drive C, and Newark-Granville Road.
(Ord. 09-14. Passed 8-20-14.)
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1177.01 FLOOD HAZARD OVERLAY DISTRICT ESTABLISHED.
There is hereby established a Flood Hazard Overlay District within the Village of Granville, Ohio. This Overlay District shall apply to all special flood hazard and areas of future conditions flood hazard within the jurisdiction of the Village as identified in Section 1177.04 of the Codified Ordinances, including any additional special flood hazard areas annexed by the Village of Granville. The underlying zoning district as shown on the Official Zoning Map shall hereafter be called the base district. Uses and minimum requirements shall be determined by the base district. However, if the provisions governing the overlay district are stricter than those of the base district, the provisions of this Chapter shall supersede those of the base district.
(Ord. 02-09. Passed 3-18-09.)
1177.02 TITLE AND PURPOSE.
(a) Findings of Fact. The Village of Granville has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(b) Statement of Purpose. It is the purpose of Chapter 1177 of the Codified Ordinances, which are referred to herein as “regulations,” to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(c) Methods of Reducing Flood Losses. In order to accomplish its purposes, these regulations include methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(d) Statutory Authorization. This Chapter is adopted pursuant to Article XVIII, Section 3, of the Ohio Constitution, which grants municipalities the legal authority to adopt land use regulations and to control measures for promoting the health, safety, and general welfare of its citizens. (Ord. 03-07. Passed 3-21-07.)
1177.03 DEFINITIONS.
(a) Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
(1) "Accessory Structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(2) "Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.
(3) "Base Flood" means 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 1% chance annual flood or one-hundred (100) year flood.
(4) "Base (100-Year) Flood Elevation (BFE)" means the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(5) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
(6) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(7) "Enclosure Below the Lowest Floor". See "Lowest Floor."
(8) "Executive Order 11988 (Floodplain Management)" issued by President Carter in 1977. This order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(9) "Federal Emergency Management Agency (FEMA)" means the agency with the overall responsibility for administering the National Flood Insurance Program.
(10) "Fill" means a deposit of earth material placed by artificial means.
(11) "Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
(12) "Flood Hazard Boundary Map (FHBM)" means the initial map, produced by the Federal Emergency Management Agency or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
(13) "Flood Insurance Rate Map (FIRM)" means an official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(14) "Flood Insurance Risk Zones" means zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
A. Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
B. Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
C. Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
D. Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
E. Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
F. Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
G. Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
(15) "Flood Insurance Study (FIS)" means the official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(16) "Flood Protection Elevation" means the Flood Protection Elevation, or FPE, and is the base flood elevation plus two feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations or base flood elevations determined and/or approved by the Floodplain Administrator.
(17) "Floodway" means a channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(18) "Freeboard" means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
A. "Future Conditions Flood Hazard Area" also known as area of future conditions flood hazard, the land area that would be inundated by the one percent annual chance flood based on future conditions hydrology.
(19) "Historic structure" means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
C. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(20) "Hydrologic and hydraulic engineering analysis" means an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(21) "Letter of Map Change (LOMC)" means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
A. "Letter of Map Amendment (LOMA)" means a revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
B. "Letter of Map Revision (LOMR)" means a revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
C. "Conditional Letter of Map Revision (CLOMR)"means a formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(22) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(23) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(24) "Manufactured home park". As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park is any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(25) "National Flood Insurance Program (NFIP)" means a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(26) "New construction" means structures for which the "start of construction" commenced on or after the initial effective date of the Village of Granville Flood Insurance Rate Map, May 17, 1982, and includes any subsequent improvements to such structures.
(27) "Person" means any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.
(28) "Recreational vehicle" means a vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(29) "Registered Professional Architect" means a person registered to engage in the practice of architecture under the provisions of Sections 4703.01 to 4703.19 of the Ohio Revised Code.
(30) "Registered Professional Engineer" means a person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.
(31) "Registered Professional Surveyor" means a person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.
(32) "Special Flood Hazard Area" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year, also known as "Areas of Special Flood Hazard". Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are floodprone and designated from other federal, state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and floodprone soils associated with a watercourse.
(33) "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means 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 stage 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(34) "Structure" means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(35) "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 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
(36) "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. When the combined total of all previous improvements or repairs made during the life of the structure equals or exceeds 50 percent of a structure's market value, that structure is considered a substantial improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
A. Any improvement to a structure which is considered "new construction";
B. 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 prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
C. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
(37) "Variance" means a grant of relief from the standards of these regulations consistent with the variance conditions herein.
(38) "Violation" means the failure of a structure or other development to be fully compliant with these regulations. (Ord. 02-09. Passed 3-18-09.)
1177.04 GENERAL PROVISIONS.
(a) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of this Chapter, the following studies and/or maps are adopted:
(1) Flood Insurance Study Licking County, Ohio and Incorporated Areas and Flood Insurance Rate Map Licking County, Ohio and Incorporated Areas both effective 05/02/2007.
(2) Other studies and maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
(3) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the Village of Granville as required by Subdivisions and Large Scale Development Section 1177.06(b) of the Codified Ordinances.
(4) Any revisions to the aforementioned maps and studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at 141 East Broadway, Granville, Ohio.
(b) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing ordinances or resolutions, including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not intend to impair any deed restriction, covenant or easement, but the land subject to such interests shall also be governed by the regulations.
(c) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.
(d) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or areas of future conditions flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the Village of Granville, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.
(e) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 02-09. Passed 3-18-09.)
1177.05 PERMITTED AND PROHIBITED USES.
(a) Permitted Uses. All uses permitted in the base or underlying zoning district and not otherwise prohibited in this Chapter or any other applicable land use regulation adopted by the Village of Granville shall be permitted uses within the Flood Plain Overlay District provided they meet the provisions of these regulations.
(b) Prohibited Uses. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code, and infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code shall not be permitted.
(1) Storage or processing of materials that are hazardous, flammable, or explosive in the identified special flood hazard areas.
(2) Storage of material or equipment that, in time of flooding, could become buoyant and pose an obstruction to flow in the identified floodway areas.
(3) New construction of any residential or nonresidential structures in floodway areas.
(4) Critical development in special flood hazard areas unless the critical development is elevated to meet the requirements of Section 1177.06(i)(2).
(Ord. 02-09. Passed 3-18-09.)
1177.06 DEVELOPMENT STANDARDS AND REGULATIONS.
(a) Water and Wastewater Systems. The following standards shall apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(b) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all major (platted) subdivision proposals and other proposed developments at least 5 acres in size;
(6) All preliminary plans for platted subdivisions shall identify the flood hazard area and the elevation of the base flood.
(7) All final subdivision plats will provide the boundary of the special flood hazard area, the floodway boundary, and base flood elevations.
(8) In platted subdivisions, all proposed lots or parcels that will be future building sites shall have a minimum buildable area outside the natural (non-filled) 1% chance annual floodplain. The buildable area shall be large enough to accommodate primary structure and associated structures such as sheds, barns, swimming pools, detached garages, on-site sewage disposal systems, and water supply wells, if applicable.
(9) Approval shall not be given for streets within a subdivision, which would be subject to flooding. All street surfaces must be located at or above the base flood elevation.
(c) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring under Section 1177.06(c)(1) of the Codified Ordinances and construction materials resistant to flood damage Section 1177.06(c)(2) of the Codified Ordinances are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection elevation data are not available the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade. Support structures and other foundation members shall be certified by a registered professional engineer or architect as designed in accordance with ASCE 24, Flood Resistant Design and Construction.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1177.06(c) of the Codified Ordinances.
(8) Each new residential site shall have direct access to a public roadway or direct access to a walkway/driveway whose surface elevation is not less than the flood protection elevation and such escape route shall lead directly out of the floodplain area.
(d) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1177.06(c)(1)-(3) and (c)(5)-(7) of the Codified Ordinances.
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation, or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance Section 1177.06(d)(2)A. and B. of the Codified Ordinances.
(3) Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.
(4) Each new nonresidential site shall have direct access to a walkway, driveway, or roadway whose surface elevation is not less than the flood protection elevation and such escape route shall lead directly out of the floodplain area.
(e) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of subdivision C of Section 1177.06(c)(5) of the Codified Ordinances (this Section).
(f) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special food hazard areas for more than 180 days; or
(2) They must be fully licensed and ready for highway use; or
(g) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(h) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in Floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. Meet the requirements to submit technical data in Section 1177.08(i)(1) of the Codified Ordinances;
2. An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Village Manager of the Village of Granville and the Chief Executive Officer of any other communities impacted by the proposed actions.
(2) Development in Riverine Areas with Base Flood Elevations but No Floodways.
A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or
B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than 1.0 (one) foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
1. An evaluation of alternatives which would result in an increase of 1.0 (one) foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
(3) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the Village of Granville specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1177.08(i)(1)A.3. of the Codified Ordinances when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(4) Compensatory Storage Required for Fill. Fill within the area of special flood hazard shall result in no net loss of natural floodplain storage. The volume of the loss of floodwater storage due to filling in the special flood hazard area shall be offset by providing an equal volume of flood storage by excavation or other compensatory measures as follows: 1) on-site; or 2) on other property, as determined by a hydrologic and hydraulic analysis submitted to and approved by the Floodplain Manager and/or engineer with jurisdiction over that property.
(i) Critical Development.
(1) Critical development is that which is critical to the community's public health and safety, are essential to the orderly functioning of a community, store or produce highly volatile, toxic or water-reactive materials, or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical development include jails, hospitals, schools, fire stations, service facilities, nursing homes, wastewater treatment facilities, water plants, and gas/oil/ propane storage facilities.
(2) Critical developments shall be elevated to the 500-year flood elevation or be elevated to the highest known historical flood elevation (where records are available) or two feet above the (100 year) base flood elevation, whichever is greater. If no data exists establishing the 500-year flood elevation or highest known historical flood elevation, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates 500-year flood elevation data.
(j) Fill. The following standards apply to all fill activities in special flood hazard areas:
(1) Fill sites, upon which structures will be constructed or placed, must be compacted to 95 percent of the maximum density obtainable with the Standard Proctor Test method or an acceptable equivalent method.
(2) Fill slopes shall not be steeper than one foot vertical to two feet horizontal.
(3) Adequate protection against erosion and scour is provided for fill slopes. When expected velocities during the occurrence of the base flood of five feet per second armoring with stone or rock protection shall be provided. When expected velocities during the base flood are five feet per second or less protection shall be provided by covering them with vegetative cover.
(4) Fill shall be composed of clean granular or earthen material.
(k) Storage of Materials. Storage of material or equipment not otherwise prohibited in Section 1177.05 (b) shall be firmly anchored to prevent flotation.
(Ord. 02-09. Passed 3-18-09.)
1177.07 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Village Manager is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas and future conditions flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations. (Ord. 02-09. Passed 3-18-09.)
1177.08 FLOODPLAIN DEVELOPMENT PERMITS.
(a) Floodplain Development Permits. No person shall begin construction or other development activity, including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area or future conditions flood hazard area established by Section 1177.04(a) of the Codified Ordinances, until a floodplain development permit is obtained from the floodplain administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.
(b) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area or future conditions flood hazard area, and a permit shall be obtained before construction or development begins in a special flood hazard area. The application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Application for a Development Permit shall be made in duplicate on forms furnished by the Village Manager. Where it is unclear whether a development site is in a special flood hazard area or future conditions flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section 1177.06(d) of the Codified Ordinances.
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1177.06(c)(5) of the Codified Ordinances are designed to automatically equalize hydrostatic flood forces.
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1177.06(h)(3) of the Codified Ordinances.
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1177.06(h)(2) of the Codified Ordinances.
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1177.06(h)(1) of the Codified Ordinances.
F. Generation of base flood elevation(s) for subdivisions and large scale developments as required by Section 1177.06(b) of the Codified Ordinances.
(6) A floodplain development permit application fee set by the schedule of fees adopted by the Village of Granville.
(7) Volumetric calculations demonstrating compensatory storage have been provided as required by Section 1177.06(h)(4).
(8) Generation of the 500-year flood elevation for critical development as required by Section 1177.06(i)(1) and (2).
(c) Review of a Floodplain Development Permit Application.
(1) After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1177.08(b) of the Codified Ordinances has been received by the Floodplain Administrator.
(2) The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(d) Approval of a Floodplain Development Permit Application. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion. This permit shall be in addition to the Zoning and Architectural Permit required for the base or underlying zoning district.
(e) Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(f) Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1177.08(i) of the Codified Ordinances, a Letter of Map Revision.
(g) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Board of Zoning and Building Appeals in accordance with Section 1177.09 of the Codified Ordinances.
(h) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $1,000.
(2) Development activities in an existing or proposed manufactured home park. Such activities are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Chapter 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management. Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.
(i) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of Granville flood maps, studies and other data identified in Section 1177.04(a) of the Codified Ordinances accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
(1) Requirement to Submit New Technical Data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard areas;
3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1177.06(b) of the Codified Ordinances.
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1177.08(i) of the Codified Ordinances, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1177.08(i)(1)A. of the Codified Ordinances.
(2) Right to Submit New Technical Data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Village Manager of the Village of Granville, and may be submitted at any time.
(3) Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of Granville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Village of Granville's Flood Insurance Rate Map accurately represents the Village of Granville boundaries, include within such notification a copy of a map of the Village of Granville suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of Granville has assumed or relinquished floodplain management regulatory authority.
(j) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
A. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and / or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard and areas of future conditions flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1177.09 of the Codified Ordinances.
(5) Where a map boundary showing an area of special flood hazard or area of future conditions flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(k) Substantial Damage Determinations. Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
(4) Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 02-09. Passed 3-18-09.)
1177.09 APPEALS FROM DETERMINATIONS OF THE FLOODPLAIN ADMINISTRATOR.
The Board of Zoning and Building Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of the regulations set forth in this Chapter. The appeal shall be conducted under the procedures set forth in Chapter 1139. of the Codified Ordinances of the Village.
(Ord. 03-07. Passed 3-21-07.)
1177.10 VARIANCES.
(a) Variances. The Board of Zoning and Building Appeals shall have the power to hear and decide applications for variances in the application of these regulations, where such variance is not inconsistent with Federal regulations, and where a variance from the standards of these regulations will not be contrary to the public interest, and where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship. The Board shall hear and decide an application for a variance in accordance with the procedures set forth in Chapter 1139 of the Codified Ordinances of the Village.
(b) Application. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. All applications for a variance shall be accompanied by a variance application fee set in the zoning fee schedule.
(c) Considerations. In considering an application for a variance under this Section, the Board of Zoning and Building Appeals shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(6) The necessity to the facility of a waterfront location, where applicable.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(d) Determinations. Variances shall only be issued upon a showing of good and sufficient cause and:
(1) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.
(2) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
(3) A determination that the structure or other development is protected by methods to minimize flood damages.
(4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Limitations. In addition to the other requirements of this Section, a variance shall only be issued upon the following conditions:
(1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1177.10(c)(1)-(11) of the Codified Ordinances have been fully considered. As the lot size increases beyond one- half acre, the technical justification required for issuing the variance increases.
(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(f) Conditions. The Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.
(Ord. 03-07. Passed 3-21-07.)
1177.11 APPEALS TO VILLAGE COUNCIL.
An appeal from any decision of the Board of Zoning and Buildings Appeals under this Chapter may be taken to Village Council in accordance with the procedures set forth in Section 1139.06 of the Codified Ordinances. Those aggrieved by the decision of the Village Council may appeal such decision to the Licking County Court of Common Pleas as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 03-07. Passed 3-21-07.)
1177.12 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit under Section 1177.08(h) of the Codified Ordinances.
(2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1177.12(c) of the Codified Ordinances.
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1177.12(c) of the Codified Ordinances.
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the Village of Granville. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Granville from taking such other lawful action as is necessary to prevent or remedy any violation. The Village of Granville shall prosecute any violation of these regulations in accordance with the penalties stated herein. (Ord. 03-07. Passed 3-21-07.)