Hebron City Zoning Code
TITLE ONE
ZONING ADMINISTRATION
1101.01 TITLE.
These regulations shall be known and may be cited as "The Planning and Zoning Code of the Village of Hebron, Ohio."
Unless otherwise provided herein or by the law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this Planning and Zoning Code as those governing the interpretation of the Ohio Revised Code.
(Ord. 19-20. Passed 11-4-20.)
1101.02 AUTHORITY.
This chapter is adopted pursuant to the authority contained in the Ohio Revised Code Chapter 713 et seq.
(Ord. 19-20. Passed 11-4-20.)
1101.03 SCOPE.
The provisions of this Code shall apply to all land within the corporate boundaries of the Village of Hebron, Ohio.
(Ord. 19-20. Passed 11-4-20.)
1101.04 PURPOSE AND INTERPRETATION.
This Planning and Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare by regulating and limiting the use of land areas and buildings to be used for residential, business, and industrial purposes; by regulating and limiting the erection, restoration, and alteration of buildings and the use thereof; by regulating the bulk, height, design, percent of lot occupancy and the location of buildings; and for the purpose of dividing the Village into various districts.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Whenever the requirements of this Zoning Code conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards, shall govern. Whenever the requirements of this Planning and Zoning Code conflict with the Ohio Revised Code, the Ohio Revised Code shall govern. (Ord. 19-20. Passed 11-4-20.)
1101.05 SEVERABILITY.
Should any section or provision of this Code be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 19-20. Passed 11-4-20.)
1101.06 CONFLICTING ORDINANCES; EFFECTIVE DATE.
All ordinances or parts of ordinances in conflict with this Planning and Zoning Code or inconsistent with the provisions of this Code are hereby repealed to the extent necessary to give this Code full force and effect. This Code shall become effective from and after the date of its approval and adoption, as provided by the Ohio Revised Code.
(Ord. 19-20. Passed 11-4-20.)
1103.01 USE OF TERMS.
Words and terms not specifically defined in Section 1103.02 below carry their normal dictionary meanings as found in Webster's New Universal Unabridged Dictionary, latest edition.
• Words used in the present tense include the future tense; the reverse is also true.
• Words used in the singular include the plural; the reverse is also true.
• The words "must," "will" and "shall" are mandatory requirements, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
• The words "used" and "occupied" include the words "intended, designed, or arranged to be used or occupied."
• The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(Ord. 19-20. Passed 11-4-20.)
1103.02 DEFINITIONS.
ACCESS DRIVE: A way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
ACCESSORY USE OR STRUCTURE: A use or structure subordinate to the principal use or structure on the lot or tract and serving a purpose customarily incidental to the use of the principal building. Included in this definition are detached residential garages, storage sheds and barns, carports and picnic shelters.
ADULT ENTERTAINMENT FACILITIES: Definitions are located in Chapter 1145 (Adult Entertainment Business).
AGRICULTURE: Carries the same definition as provided by Sec. 1.61 of the Ohio Revised Code.
ALLEY or LANE: A public right-of-way not less than twenty (20) feet or more than thirty (30) feet wide which affords only a secondary means of access to property abutting thereon.
ALTERATION: Any change, rearrangement, or modification in the construction or in the exit facilities of a building, and/or the moving of partitions from one location to another within a structure.
ALTERATION, STRUCTURAL: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AUTOMOBILE WASH and AUTOMATIC CAR WASH: Any building or premises or portions thereof where mechanical devices are used for washing automobiles.
AUTOMOTIVE REPAIR SERVICES AND GARAGES: Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.
AUTOMOTIVE: Motor vehicle dealers (new and used, and used only), truck dealers (new and used, and used only), motorcycle dealers (new and used, and used only) tire, battery and accessory dealers, miscellaneous aircraft, marine and recreational vehicle dealers, automotive rentals, automobile services except repair.
BASEMENT: A space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 and ½) feet.
BEDROOM: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
BOARDING HOME FOR SHELTERED CARE: A profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
BUFFER STRIP: A land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA: The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance has been met.
BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING, ACCESSORY: A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHT: The vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof.
BUILDING LINE: The line within the property defining the required minimum distance between any structure and the property line.
BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which it is situated.
CALIPER (TREE): The diameter of a tree as measured approximately 4 feet above the ground.
CARPORT: A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARRY-OUT RESTAURANT: An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted.
CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CENSUS TRACT: Areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
CERTIFIED ARBORIST: Any individual certified by the National Arborist Association.
CHIMNEY: A structure lesser in function than a smokestack and containing one or more flues for drawing off emissions from stationary sources of combustion.
CLUSTER: A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
COMMERCIAL USE: Any activity carried out for pecuniary gain.
COMMUNITY ASSOCIATION or HOMEOWNERS ASSOCIATION: An association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
CONDITIONAL USE: An uncommon or infrequent use permitted within a zoning district other than a principally permitted use, subject to compliance with certain standards or explicit conditions, following guidelines established by the Planning and Zoning Board.
CONDOMINIUM: A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION: The community association which administers and maintains the common property and common elements of a condominium.
CONGREGATE HOUSING: A dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
CONVENIENCE FOOD MARKET: A retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
CRAWL SPACE: A space with more than one-half (½) of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half (6 ½) feet.
CUSTOMARY AGRICULTURAL OPERATIONS: See "Agriculture."
DAY CARE CENTER: A private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
DENSITY: A unit of measurement; and number of dwelling units per acre of land.
DRIVE-IN USE: An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DWELLING: A structure or portion thereof in which person or persons reside.
DWELLING, ATTACHED: A one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
DWELLING, DETACHED: A dwelling which is not attached to any other dwelling by any means.
DWELLING, MULTI-FAMILY: A dwelling containing more than two dwelling units.
DWELLING, SEMI-DETACHED: A one-family dwelling attached to one (1) other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
DWELLING, TOWNHOUSE: A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.
DWELLING, TWO-FAMILY: A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT: One (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
DWELLING UNIT, EFFICIENCY: A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
EASEMENT: A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
EXCAVATION: The removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXTENSION: A physical expansion of an existing structure.
FAMILY: One or more individuals occupying a dwelling unit and living as a single household unit.
FARM: A parcel of land used for agricultural activities.
FARM ANIMALS: Those animals or livestock typically associated with a farm or agricultural operation.
FARM STAND: A booth or stall located on a farm from which produce and farm products are sold to the general public.
FENCE: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FLOOR AREA, FINISHED: The sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, and storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROUND: The sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, and storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, NET: The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FRONTAGE: That portion of a lot abutting on a dedicated right-of-way.
GARAGE: A building or wing of a building, with a footing or foundation, used or intended to be used for the parking and storage of motor vehicles.
GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GROUP CARE FACILITY: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
HOTEL: Any structure consisting of one or more buildings, with more than five sleeping rooms kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less.
HOME OCCUPATION: Any activity carried out for financial gain by a resident and conducted as a customary, incidental, and an accessory use in the resident's dwelling unit. Pursuant to Chapter 1151, certain Home Occupations require a permit.
IN-LIEU FEES: Fees paid by a private individual or party to the Village of Hebron to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Village Council.
INDUSTRIAL PARK: A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INOPERABLE VEHICLE: A vehicle that is not mechanically operable.
INSTITUTIONAL USE: A nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
JUNK: Worn-out articles fit to be discarded. Something worthless or shoddy. Clutter: stuff.
JUNK MOTOR VEHICLE: A motor vehicle that is three (3) years old or older, and is apparently inoperable, and is extensively damaged, including but not limited to missing wheels, tires, engine, or transmission.
JUNKYARD: Any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two (2) or more unregistered, inoperable motor vehicles or other type of junk.
KENNEL, COMMERCIAL: Any lot or premises on which three or more domesticated dogs or cats, of more than four months of age, are housed, groomed, bred, boarded, trained, or sold and where pet care products, equipment, merchandise, and/or food is sold.
KENNEL, PRIVATE: Any lot or premises on which three or more domesticated dogs or cats, of more than four months of age, are housed, groomed, bred, boarded, trained, or sold.
LANDSCAPING: Any portion of a parcel of land that includes trees, shrubs, bushes, planting beds, hedges, and earth mounds or other natural or decorative material or feature.
LOT: A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
LOT, BUILDABLE: A lot having the required street frontage and yard spaces
that would allow for the construction of a structure as permitted by the zoning classification of that lot.
LOT, CORNER: A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
LOT COVERAGE: The portion of the lot that is covered by buildings and structures.
LOT, DOUBLE FRONTAGE: A lot, other than a corner lot, with frontage on more than one (1) street.
LOT OF RECORD: A lot that has been platted and recorded at the Licking County Recorder's office before the effective date of this Ordinance or amendments thereof.
LOT SPLIT: The division of a parcel of land into one or more smaller parcels.
MANDATORY LAND DEDICATION: The required dedication of private land to the Village of Hebron for the purpose of providing space for park recreation, open space and other public uses.
MANUFACTURED HOME: Dwellings manufactured off-site in advance, usually in standard sections that can be easily shipped and assembled.
MANUFACTURING: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
MOBILE HOME: A house trailer serving as a permanent home and connected to required utilities.
MOTEL: See Hotel.
MOTOR VEHICLE: Carries the same definition as provided by Sec. 4501.01 of the Ohio Revised Code.
MOTOR VEHICLE SALES or TRAILER SALES: The use of any building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and where no warranty repair work and other repair service is conducted.
MOTOR VEHICLE SERVICE STATION: Any building, land area or premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries, and similar services.
NET DEVELOPABLE SITE: The remainder of a parcel(s) of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks and ditches, and all other dedicated rights-of-way.
NO-BUILD ZONE: An area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
NONCONFORMITIES: A building, structure, use of land, or parcel of real estate existing at the time of enactment of this Planning and Zoning Code, and which does not conform to the regulations of the zoning district in which it is situated.
NONCONFORMING LOT: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
NONCONFORMING STRUCTURE OR BUILDING: A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NURSING HOME: An extended or intermediate care facility licensed or approved to provide full-time convalescent or long term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
ON-STREET PARKING SPACE: A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ONE-AND-A-HALF-STORY: A residential dwelling having a ground floor and a second floor equal to less than one hundred (100) percent of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as "knee wall") are not more than five (5) feet above the floor of such story.
OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, COMMON: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
OUTDOOR DISPLAY: The temporary outdoor display of material and or merchandise for the purposes of retail sales.
OUTDOOR STORAGE: The keeping in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
PARK: A tract of land designated and designed for the use by members of the public for active and passive recreation.
PERSON: Any person, corporation, partnership, company, contracting firm or other entity, including those employed by the Village or under a contract with the Village.
PERSONAL SERVICES: Establishments primarily engaging in providing services involving the care of a person or his or her apparel.
PLAT: A map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
PRETREATMENT: The private onsite treatment of wastewater before discharge into public wastewater system.
PRINCIPAL USE: The primary or predominant use of any lot.
PUBLIC USE: A land use that is owned and/or operated by the public and is accessible to the public.
RECONSTRUCTION: The rebuilding or substantial remodeling of an existing structure.
RECREATIONAL AND CAMPING EQUIPMENT: Boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
RECREATIONAL AND CAMPING VEHICLES: Vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
REFUSE: Something rejected or discarded as worthless or useless.
RESIDENTIAL DISTRICT: Any of the following zoning districts: Low Density Residential District (R1); Medium Density Residential District (R2); High Density Residential District (R3); Single Family Dwelling - Zero Lot Line (R4); and Multi-Family Residential District (R5).
RESTRICTIVE COVENANT: A restriction on the use of land usually set forth in the deed.
RETAIL SERVICES: Establishments providing services or entertainment as opposed to products.
RUBBISH: Worthless material: trash.
SATELLITE DISH: A dish used to receive or transmit radio, television or data.
SATELLITE GROUND STATION: A ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
SCHOOL: Any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
SELF-STORAGE FACILITY: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
SETBACK: The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK LINE: That line that is required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
SPLIT LEVEL: A residential dwelling containing finished floor area on two (2) or more levels with not less than three (3) feet nor more than six (6) feet vertical distance between the plane of one floor level and the place of the next higher level.
SPOT ZONING: The re-zoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
STORAGE BUILDING: The design and construction of approved units to be used as and for the storage of personal property for a monthly fee or other form of compensation.
STORY: That portion of a building, including between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
STREET: Any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Licking County Recorder prior to the appointment of the Planning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
STREET, COLLECTOR: A street which collects traffic from local streets and connects with minor and major arterial.
STREET, LOCAL: A street designed to provide vehicular access to abutting property and to discourage through traffic.
STREET, MAJOR ARTERIAL: A street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
STREET, MINOR ARTERIAL: A street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
STRUCTURE: A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
SUBDIVISION: The division or re-division of land into two or more parts, lots, parcels, sites, units, tracts, or interests for the purpose of transfer of ownership; lease or building developments, immediate or in the future. See Village of Hebron Subdivision Regulations.
SWIMMING POOL: A public or private in-ground or above-ground pool, pond, or open tank containing at least two (2) cubic feet of water at any point and having an area greater than twenty-five (25) square feet, and maintained by a property owner or manager.
TRAILER: A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects, or as a temporary office.
TRAVEL TRAILER: A recreation vehicle that is towed by a car or truck and used for short term human occupancy.
TREE: Any tree, shrub, or other woody plant.
TREE, LARGE: Any tree species which normally attains a full grown height equal to or greater than forty-five (45) feet.
TREE LAWN: That part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
TREE, MEDIUM: Any tree species which normally attains a full grown height of between twenty-five (25) and forty-five (45) feet.
TREE, SMALL: Any tree species which normally attains a full grown height of under twenty-five (25) feet.
TWO-STORY: A residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding one hundred (100) percent of the required minimum ground floor finished square footage.
USE: The purpose or activity, for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
VARIANCE: A minor departure or exception from the strict rule or literal enforcement of the Planning and Zoning Code.
VEHICULAR USE AREA: Any area used by vehicles.
VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care of animals in need of medical or surgical attention. The boarding of animals is limited to short-term care incidental to the hospital or use.
YARD: A required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.
YARD, FRONT: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
YARD, REAR: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots the rear yard shall constitute that area of the lot that is adjacent to the rear portion of the principle structure.
YARD, SIDE: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZERO LOT LINE: The reduction, by official act, of the required setbacks and buildings lines established. (Ord. 19-20. Passed 11-4-20; Ord. 11-24. Passed 4-10-24.)
1105.01 ENFORCEMENT BY COMMUNITY DEVELOPMENT COORDINATOR.
There is hereby established the Office of Community Development Coordinator, who shall be an employee of the Village of Hebron recommended by the Planning and Zoning Board with advice and consent of Village Council. The Community Development Coordinator shall report to the Village Administrator. It shall be the duty of the Community Development Coordinator to enforce the Planning and Zoning Code of the Village of Hebron, Ohio. All departments, officials, public employees, and representatives of the Village, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of the Planning and Zoning Code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of the Planning and Zoning Code. Any permit or license issued in conflict with the provisions of this Planning and Zoning Code shall be null and void.
(Ord. 19-20. Passed 11-4-20.)
1105.02 CERTIFICATE OF ZONING COMPLIANCE.
No occupied or vacant land shall be changed in its use in whole or part until the Certificate of Zoning Compliance shall have been issued by the Community Development Coordinator. The Community Development Coordinator shall issue a Certificate of Zoning Compliance once he/she is satisfied that the structure, building and/or premises, the proposed use thereof, and the proposed methods of water supply and disposal of sanitary waste, conform with all requirements of the Planning and Zoning Code, subject to approval of the Planning and Zoning Board and/or Village Council, when required. This Section shall not be construed as requiring a certificate in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no alterations or additions are proposed.
(a) Use Prohibited Without Certificate. No owner, lessee or tenant shall use or permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Certificate of Zoning Compliance shows that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of the Planning and Zoning Code.
(b) Building Permit. It is the responsibility of the owner to contact Licking County Building Code Department to ascertain whether a building permit is necessary. The applicant shall comply with all Licking County Building Code Department requirements and shall provide the Office of the Community Development Coordinator with a copy of such documentation. Building permits and all construction inspections are controlled through the Licking County Building Code Department. No Building Permit for the extension, erection, or alteration of any building shall be issued before an application has been made and a Certificate of Zoning Compliance issued and no building shall be occupied until such certificate is approved.
(c) Approval of Health Officer. In every case where the lot is not serviced with public water supply and/or the public sanitary sewer system, the application shall be accompanied by written evidence of approval by the responsible Health Officer as to the proposed method of water supply and/or treatment and disposal of sanitary waste.
(d) Water and Sewer. Water taps and sewer capacity fees shall be paid before a Certificate of Zoning Compliance is issued.
(e) Preliminary Review. The Village of Hebron encourages a preliminary meeting with the Community Development Coordinator to review all proposed projects.
(Ord. 19-20. Passed 11-4-20.)
1105.03 APPLICATION PROCEDURE.
(a) Application to Be Made. Written application for a Certificate of Zoning Compliance shall be made by the property owner(s) or lessee(s) to the Community Development Coordinator.
(b) Application Fee. Village Council shall, by separate ordinance, establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of the Planning and Zoning Code requiring investigations, inspections, legal advertising, postage, and other expenses. The schedule of fees shall be posted in the Office of the Community Development Coordinator and may be altered or amended by Council from time to time. Until said fees are paid, no action shall be taken on any application.
(c) Site Plan Review Expenses. Site review expenses incurred by the Village shall be repaid to the Village by the applicant based on the fee schedule. All such amounts shall be paid no later than thirty (30) days after billing to the applicant.
(d) Contents of Application. The application for a Certificate of Zoning Compliance shall contain as a minimum:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) The Community Development Coordinator may require a current survey of the property prepared by a licensed surveyor.
(3) If any new development, construction or change in use is proposed, a plan drawn to scale showing:
A. Actual dimensions of the lot, including easements.
B. Exact size and location of all buildings and structures on the subject lot.
C. Any proposed new construction and/or alterations.
D. Existing and intended use of all parts of the land or buildings.
E. Proposed provisions of water, sanitary sewer facilities, surface drainage features, and underground storm drainage facilities.
F. As applicable, proposed landscaping and other site design treatment shall be indicated where required under Chapter 1155 (Landscaping and Screening).
(4) Applications for projects requiring site plans shall submit seven (7) sets of drawings.
(5) Such other information to be determined by the Community Development Coordinator and/or Planning and Zoning Board as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.
(Ord. 19-20. Passed 11-4-20.)
1105.04 ISSUANCE AND EXPIRATION.
An approved Certificate of Zoning Compliance shall be issued within ten (10) days of approval. One (1) copy of the plans submitted by the Applicant shall be returned. All Certificate of Zoning Compliances shall be conditional upon the commencement of work within six (6) months of issuance. If the work has not been substantially completed, or an extension granted by the Community Development Coordinator within eighteen (18) months of issuance, the Certificate of Zoning Compliance shall expire and shall be revoked by the Community Development Coordinator. Written notice shall be provided to the applicant and any other affected party together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued, or an extension granted. If the applicant does not apply for an extension or new permit within one year of expiration and revocation of the initial certificate, all alterations and any other work done to affected land, buildings, and structures shall be returned to the status prior to such alteration at the applicant's expense.
(Ord. 19-20. Passed 11-4-20.)
1105.05 CERTIFICATE OF OCCUPANCY.
No land or building or part thereof hereafter erected or changed in its use or structure shall be used until a Certificate of Occupancy has been issued indicating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of the Planning and Zoning Code.
(a) Change of Ownership. Any change of ownership of a commercial, manufacturing, or multi-family (3 or more family) building shall require an application for a Certificate of Occupancy.
(b) Change of Occupant. Any change of occupant in a conforming or nonconforming commercial or manufacturing building shall require an application for a Certificate of Occupancy.
(c) Application Required. Application for a Certificate of Occupancy shall be made to the Community Development Coordinator on a form provided by his/her office. Upon determination that all provisions of the Planning and Zoning Code and other applicable ordinances, rules, and regulations have been complied with, a Certificate of Occupancy shall be issued. Temporary occupancy may be authorized by the Community Development Coordinator for a specified period not to exceed six (6) months upon receipt of a performance bond equal to the cost of the remaining improvements, during which period any remaining work shall be completed.
(d) Occupying Without a Permit. Any person or business entity who occupies or permits to be occupied, or who sells, leases, or rents a building, building unit or structure for which a Certificate of Occupancy has not been issued, or in the case of alterations, additions or repairs, whoever occupies, or permits to be occupied or utilized or sells, leases or rents that portion of a building, building unit or structure added, altered or repaired for which a Certificate of Occupancy has not been issued, shall be guilty of violating this section and shall be subject to the penalties set forth in Section 1105.12.
(e) Site Plan Review Expenses, Easement Approval. A Certificate of Occupancy shall not be issued until all site plan review expenses have been paid and all easements have been approved.
(f) Fee. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
(Ord. 19-20. Passed 11-4-20.)
1105.06 VIOLATIONS AND REMEDIES.
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of the Planning and Zoning Code or any amendment or supplement thereto, Village Council, the Solicitor and/or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 19-20. Passed 11-4-20.)
1105.07 COMPLAINTS.
Whenever a violation of the Planning and Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint should state fully the causes and basis thereof and shall be filed with the Office of the Community Development Coordinator. The Community Development Coordinator shall record said complaint, timely investigate the allegations, and take appropriate action as provided by this Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1105.08 TECHNICAL REVIEW GROUP.
A Technical Review Group may be established for special projects, as a technical review body for the Village and may consist of, but not be limited to, the Mayor, Community Development Coordinator, Village Engineer, Village Administrator, Chief of Police, Fire Chief, and any other necessary Village staff member.
(Ord. 19-20. Passed 11-4-20.)
1105.09 RECORD KEEPING.
The Community Development Coordinator shall make and keep all records necessary and appropriate to the office, including record of the issuance and denial of all Certificate of Zoning Compliances, Zoning District Map amendments, variances, conditional use permits, building permits, receipts, investigation and enforcement of complaints of violations, and any other permit or certificate required herein. The Community Development Coordinator shall prepare an annual summary of all records. (Ord. 19-20. Passed 11-4-20.)
1105.10 INSPECTION AND COMPLAINTS.
The Community Development Coordinator shall inspect, or cause to be inspected, all buildings or land within the Village to determine whether any violation(s) of the Planning and Zoning Code and/or other related ordinances, rules, and regulations have been committed or exist, and to receive and investigate complaints and notices of alleged violations. Written complaints of alleged violations shall be filed with the Office of the Community Development Coordinator, who shall investigate said complaints and prepare a report to be submitted to the Planning and Zoning Board and Solicitor.
The Community Development Coordinator shall monitor, or cause to be monitored, regularly all buildings and land within the Village to identify potential violations, situations of non-compliance, and any potentially illegal zoning situations. The Community Development Coordinator shall take all necessary and needed action to help gain compliance with the Planning and Zoning Code. (Ord. 19-20. Passed 11-4-20.)
1105.11 CONSTRUCTION STANDARDS.
The specifications, rules, and regulations governing the repair, construction, or reconstruction of sidewalks, driveways, curbs, and gutters in streets, alleys, and public rights-of-way in the Village shall be found in the Village of Hebron Construction Standards.
(Ord. 19-20. Passed 11-4-20.)
1105.99 PENALTY.
(a) Unless another Section of the Planning and Zoning Code contains its own specific penalty provision, this Section applies. The first violation of the provisions of the Planning and Zoning Code or failure to comply with any of its requirement shall constitute a minor misdemeanor. Upon conviction thereof, any person may be fined not more than one hundred fifty dollars ($150.00), and in addition shall pay all costs and expenses involved in the case.
(b) If the same violation occurs a second time within one year of the first violation, the offense shall constitute a misdemeanor of the Fourth Degree and upon conviction the fine shall be not more than two hundred fifty dollars ($250.00) and/or imprisonment for not more than thirty (30) days, and in addition the offender shall pay all costs and expenses involved in the case.
(c) Each day any such violation continues after receipt of a violation notice shall constitute a separate offense. The owner of any building, structure, premises, or part thereof, and any agent or other person who commits, participates in, assists, in, or maintains, such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 19-20. Passed 11-4-20.)
1107.01 GENERAL.
A Planning and Zoning Board is hereby created under authority of Ohio Revised Code Chapter 713 et seq., which shall serve dual functions as both a Planning Commission and Board of Zoning Appeals. The Planning and Zoning Board shall consist of five (5) members: the Mayor, one (1) member of Village Council to be elected thereby for the remainder of his/her term on Village Council, and three (3) residents of the Village to be appointed by the Mayor for terms of six (6) years each. All members shall serve without compensation. A vacancy occurring during the appointed term of any of the three (3) resident members shall be appointed by the Mayor for the remainder of the vacated term. The Planning and Zoning Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1107.02 MEETINGS.
Meetings of the Planning and Zoning Board shall be held at the call of the chairman or at such other times as the Board may determine. A minimum of four (4) meetings shall be held annually, with one meeting to be scheduled during each calendar quarter. All meetings shall be open to the public. A record of all proceedings, hearings, examinations and all other official actions of the Board, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, shall be kept, all of which shall be public records and made available to Village Council upon request.
(Ord. 19-20. Passed 11-4-20.)
1107.03 PROCEDURE; QUORUM.
The Board shall organize and elect a Chairperson, Vice Chairperson, and Secretary from its membership at its first meeting in each calendar year. The Chairperson, or in his/her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses. The Secretary shall keep minutes of all Board proceedings. The Community Development Coordinator shall keep records of the Board's examinations and other official actions, all of which shall be public record and filed in the Village Municipal Building.
Three (3) members of the Board shall constitute a quorum. The affirmative vote of three (3) members of the Board shall be necessary to decide any matter over which the board has original jurisdiction.
(Ord. 19-20. Passed 11-4-20.)
1107.04 DUTIES.
For the purpose of the Planning and Zoning Code, the Planning and Zoning Board has the following specific responsibilities:
(a) To review and initiate proposed amendments to this Planning and Zoning Code in accordance with Chapter 1111 and make recommendations to Village Council.
(b) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Community Development Coordinator.
(c) Conditional Uses. To review and act upon applications for conditional use permits in accordance with Chapter 1113 with such additional safeguards as will uphold the intent of this Zoning Code.
(d) To authorize the substitution or extension of nonconforming uses in accordance with Chapter 1117.
(e) To make plans which show the Board's recommendations for the character, design, location, and extension of both public and private streets, street fixtures, public art, bridges, parks, open spaces, waterways, and utilities.
(g) To administer and make recommendations for the application of the Comprehensive Community Plan.
(h) To act on all proposed planned developments in accordance with Chapter 1143, and to make recommendations to Village Council.
(j) To administer the Subdivision Regulations and Construction Standards.
(k) To authorize such variances from the terms of the Planning and Zoning Code in accordance with Chapter 1115.
(l) To maintain and interpret a current Zoning District Map.
(Ord. 19-20. Passed 11-4-20.)
1107.05 APPEALS.
Appeals to the Planning and Zoning Board concerning interpretation or administration of this Planning and Zoning Code may be taken by any person aggrieved, including a tenant, governmental officer, department, board, or bureau.. Such appeals shall be taken within thirty (30) days after the date of the decision, by filing with the Community Development Coordinator a notice of appeal specifying the grounds thereof.
(a) The Community Development Coordinator shall transmit to the Planning and Zoning Board all the papers constituting the record upon which the action appealed from was taken.
(b) Public Hearing and Notices. The Planning and Zoning Board shall hold a public hearing within thirty (30) days after receipt of an application for an appeal. At least ten (10) days before the hearing date, written notice of the hearing shall be given to the appellant, parties in interest, and all property owners within two hundred (200) feet of the property in question.
(c) Decision. Within thirty (30) days of the public hearing, the Planning and Zoning Board shall review the appeal and render one of the following:
(1) Rule on the appeal on an appeal of a decision of the Community Development Coordinator.
(2) Approval of a conditional use or variance(s) as requested.
(3) Approval of a conditional use or variance(s) with conditions.
(4) Disapproval of the conditional use or variance(s).
(d) Decision Transmitted. A certified copy of the Board's decision shall be transmitted to the appellant.
(e) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Community Development Coordinator certifies to the Board, after notice of appeal shall have been filed with him/her, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property.
(Ord. 19-20. Passed 11-4-20.)
1107.06 APPEALS FROM DECISIONS OF THE PLANNING AND ZONING BOARD.
Appeals from decisions of the Planning and Zoning Board shall be pursuant to Chapter 2506 of the Ohio Revised Code.
(Ord. 19-20. Passed 11-4-20.)
1109.01 PURPOSE AND INTENT.
Site development plans are intended to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of subdivision and non-subdivision developments.
The purpose of this Chapter is to state specific requirements applicable to the development of land in certain zoning districts, and to prescribe the standards for the preparation and submission of site development plan drawings and for the design and construction of required improvements. (Ord. 19-20. Passed 11-4-20.)
1109.02 SITE DEVELOPMENT PLANS REQUIRED.
A site development plan is required and shall be submitted for the following:
(a) Any use or development, involving new construction, reconstruction or expansion except for single family detached dwelling units, duplexes, or unattached accessory buildings in residential districts.
(b) Any development in which automobile parking spaces are to be used by more than one (1) establishment.
(c) Whenever a change is proposed in the exterior design of a previously approved site development plan.
(d) Whenever an existing residential use is proposed for change to a commercial, industrial, or multifamily residential use.
(e) All public buildings.
(f) Any Major Subdivision.
(g) All Planned Developments (PRD, PCD, PID, and PUD) which shall adhere to the application and review procedures set forth in Chapter 1141.
(h) Any use or development requiring the extension or the installation of municipal utilities.
(i) Any Floodplain, Floodway or Flood Fringe development as administered by the Licking County Planning Commission.
(j) Any public access drive and/or parking lot construction.
(Ord. 19-20. Passed 11-4-20.)
1109.03 PREPARATION.
Site development plans shall be prepared and signed by persons professionally qualified to do such work. Final site plans shall be certified by an engineer duly registered by the State of Ohio, and include a boundary survey certified by a land surveyor duly registered by the State of Ohio. (Ord. 19-20. Passed 11-4-20.)
1109.04 APPROVAL PROCESS.
The following procedures shall be used to secure approval of site development plans:
(a) A Preliminary Site Plan together with an application and application fee shall be filed with the Community Development Coordinator. Copies of the Preliminary Site Plan and application will be forwarded to the Planning and Zoning Board and Village Engineer for review.
(b) Within thirty (30) days of submission, the Planning and Zoning Board shall hold a public hearing to consider the Preliminary Site Plan and to report its recommendations to the Community Development Coordinator. At least ten (10) days' advance notice of the hearing shall be given to the applicant and all contiguous property owners. The Planning and Zoning Board shall review the Preliminary Site Plan, authorize any conditions for approval, and make a recommendation for action to the Community Development Coordinator. The Community Development Coordinator shall thereafter act on the Preliminary Site Plan and notify the applicant in writing of his/her decision, along with any requested changes and/or conditions to the Preliminary Site Plan noted thereto.
(c) Within six (6) months of notice of approval of the Preliminary Site Plan, unless otherwise extended by the Planning and Zoning Board for good cause shown, the applicant shall submit a Final Site Plan to the Community Development Coordinator. Copies of the Final Site Plan will be forwarded to the Planning and Zoning Board and Village Engineer for review. Copies of the Final Site Plan shall also be forwarded to such officials and agencies as may be necessary for the purpose of study and recommendation. These include, but are not limited to, Village Fire, Police and Street Departments, ODOT, and/or the Ohio EPA.
(d) Within forty-five (45) days of submission, the Planning and Zoning Board shall hold a public hearing to consider the Final Site Plan and to report its recommendations to the Community Development Coordinator. At least ten (10) days' advance notice of the hearing shall be given to the applicant and all contiguous property owners. The Planning and Zoning Board shall review the Final Site Plan, authorize any conditions for approval, and make a recommendation for action to the Community Development Coordinator. The Community Development Coordinator shall thereafter act on the Final Site Plan and notify the applicant in writing of his/her decision.
(e) Final approval shall be designated by the written signature of the Community Development Coordinator on the Final Site Plan, in addition to issuance of a Certificate of Zoning Compliance upon approval by the Village Engineer. Prior to final approval, the applicant shall post any required bonds and applicable fees. Approval of a Final Site Plan shall expire within twelve (12) months, unless building permits have been obtained for construction in accordance therewith. A single extension, not to exceed six (6) months, may be given by the Planning and Zoning Board upon written request. No construction or site improvements shall be initiated until the Final Site Plan has been approved.
(f) Upon satisfactory completion of all work described under this Planning and Zoning Code, Village Council shall release all remaining bonds submitted by applicants in accordance with Chapter 1177.
(Ord. 19-20. Passed 11-4-20.)
1109.05 PRELIMINARY SITE PLANS.
Preliminary Site Plans submitted in accordance with this chapter shall adhere to the following requirements and contain the following information:
(a) Seven (7) copies of the Preliminary Site Plan shall be submitted.
(b) Location and acreage of various types of land use.
(c) Location, names, and dimensions of proposed and existing streets, buildings, easements and drainage ways and a survey showing boundary information, existing and proposed development, location of existing water bodies, streams, drainage ditches, stands of trees and trees with a caliper of more than six (6) inches in diameter.
(d) Preliminary plans for the provision of utilities, including but not limited to, the methods for handling drainage, water supply, and sewage disposal.
(e) Proposed parking and loading layout including ingress and egress.
(f) All driveways and curb cuts shall be indicated, including major aisle ways and service routes. Pedestrian circulation shall also be indicated.
(g) Handling of all waste and refuse materials shall be indicated.
(j) All exterior lighting shall be shown, including parking lot, pedestrian, and building accent lighting. Lighting intensity and installation height shall be indicated.
(k) Any portion of site in 100 year floodplain, along with firm panel number and date.
(l) Name, address, and phone number of the Development, Developer, and property owner.
(m) Building elevations depicting the proposed composition and architectural style for all proposed structures.
(Ord. 19-20. Passed 11-4-20.)
1109.06 FINAL SITE PLAN.
Final Site Plans submitted in accordance with this chapter shall adhere to the following requirements and contain the following information:
(a) Items Common to All Plans.
(1) Plan sheets shall be a minimum of 24 inches by 36 inches mylar material.
(2) North arrow, horizontal scale, and vertical scale (engineering scales only).
(3) Engineering design firm name, address, and telephone number.
(4) Phasing lines (or future phasing lines) with description.
(5) Proposed and existing rights-of-way and easements.
(6) Distinct separation between proposed and existing elements of the plan.
(7) Centerline and edges of pavement of all abutting streets.
(8) Street names, municipal corporate boundaries, and site boundaries.
(9) Identification of adjacent parcels, property lines, and property owners.
(10) Building and parking setbacks and no build zones.
(11) 100 year floodplain elevation, along with firm panel number and date.
(b) Cover Sheet.
(1) Project name, address, and location map.
(2) Index of sheets and benchmark list (referenced to NAWD 88 datum).
(3) Index map at a 1" = 200' scale showing adjoining properties, owners, streets, bearing and distance of the project boundaries, and general site layout.
(4) Summary of quantities containing at minimum water services length and size; sidewalk and bike path within right-of-way and public easements, driveway pavement, street trees, sanitary services length and size.
(5) Signature lines for the Mayor, Village Administrator, Village Engineer, Fire Chief and Community Development Coordinator.
(6) Drawing block with revision dates, project title and code table.
(c) Site Dimension Plan.
(1) Paved surfaces, curbs, landscape islands, mounding limits, and street tree locations.
(2) Parking spaces, drive aisles, driveways and radii, sidewalks and bike paths.
(3) Edges of existing and proposed street pavement.
(4) Handicap access and parking.
(5) Impermeable surface area.
(6) Interior landscaping area of parking lot.
(7) Signage for traffic flow control.
(d) Site Utility Plan.
(1) All existing and proposed utilities.
(2) Size, slope, and type of proposed and existing utility services and mains.
(3) Existing and proposed storm sewers in dashed lines.
(4) Invert and tap elevations of sanitary services.
(5) Proposed pad and finished floor elevations.
(6) Provisions to comply with Hebron's Pretreatment Program.
(e) Site Grading Plan.
(1) Existing contours hatched or dashed.
(2) Proposed elevations.
(3) Benchmark elevations, designations and locations.
(4) Storm sewer and sanitary sewer top of casting & invert elevations.
(5) Proposed landscape mounding contours.
(6) Major flood routing.
(7) Ponding limits, elevation, and provisions to detain or retain surface water runoff, along with water quality requirements.
(8) Ditch direction of flow and slope.
(9) Size, type, and slope of existing and proposed storm sewers.
(10) Ponding tabulations.
(11) Orifice plate details.
(12) Critical year storm.
(13) Proposed pad and finished floor elevations. (100 year flood level: 1st floor shall be in accordance with the Village of Hebron Flood Damage Reduction Plan, Ordinance 04-07.
(14) Driveway slope(s) from building lines to right-of-way lines (not to exceed 10%).
(15) Head wall standards identification.
(16) Typical cross-section of parking lot pavement, sidewalks, and curbs.
(17) Cross-sections of ditches in right-of-way (at 50 foot spacing).
(f) Site Erosion and Sedimentation Plan.
(1) Inlet protection locations, silt fence locations, and ditch check locations.
(2) Erosion control standards details including during construction.
(3) Construction entrance location and detail (if applicable).
(4) Tree preservation and location of all trees (if applicable).
(5) Major flood routing.
(g) Elevation Plan.
(1) Building elevations depicting actual composition and architectural style for all proposed structures.
(2) Number of floors, floor area, height and location of each building, and proposed general use for each building.
(3) In a multi-family residential building, the number, size, and type of dwelling units shall be shown.
(4) Exterior lighting, showing location, size, and height of all lights including provisions for the elimination of glare to adjoining properties.
(5) Maximum height requirement.
(6) Landscape design plan, to include signage and building numbers.
(Ord. 19-20. Passed 11-4-20.)
1109.07 REQUIRED IMPROVEMENTS AND SPECIFICATIONS.
All improvements required by this chapter, and as included in any Preliminary and Final Site Plans, shall be installed at the cost of the developer and in accordance with the following specifications:
(a) Bonds. Prior to approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement to construct such required physical improvement as are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the Village, together with a bond with surety, cashier's check or escrow account in the amount of the estimated cost of the required improvements as submitted by the developer and approved by the Village Engineer. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Community Development Coordinator, which time may be extended upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The Village Engineer may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to a project. The amount of said bond shall be as determined by the Village Engineer based on his estimate of potential damage.
(b) Construction Standards. All street construction standards and geometric design standards shall be in accordance with those specified by the Village Engineer. All street signs and striping will be provided by the developer.
(c) Access. Private vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be constructed not less than twenty (20) feet in width. All access points shall comply with the Village Thoroughfare Plan.
(d) Easements. No permanent structure shall be located less than five (5) feet from any easement. All easements shall be approved by the Village Engineer and recorded prior to occupancy.
(e) Surface Water. Adequate drainage, flow control, detention/retention, and ponding provisions for the disposition of storm and natural waters both on and off-site shall be provided. The Mid-Ohio Regional Planning Commission Storm Water Design Manual shall be used as a guide for surface water control. The extent of both on-site and off-site treatment shall be approved by the Village Engineer.
(f) Landscaping. Landscape planting, screening, buffering, fences and other physical improvements shall be provided in accordance with Chapter 1155.
(g) Water Service and Waste Water. Water service and sanitary sewer facilities shall be constructed in accordance with the requirements of the EPA, Village Water and Waste Water Superintendent, and Village Engineer. All requirements of the Village's Pretreatment Program shall be complied with. All EPA Permits shall be presented before construction begins.
(h) Open Space, Parks. In the preparation of site development plans, consideration will be given to provide suitable areas for parks, schools, open space, and other areas of public recreational use, especially when such facilities are proposed in the area under consideration of the Community Plan of the Village.
(i) Fire Hydrants. Fire hydrants shall be located within three hundred (300) feet of any proposed structure as approved by the Village Engineer and Fire Department.
(j) Sidewalks. Provision shall be made for sidewalks and pedestrian walkways which will enable patrons, residents and/or tenants to walk safely and conveniently from one building to another within the site and to adjacent sites as well. Sidewalks shall be constructed per approval by the Street Superintendent.
(k) Dedicated Improvements. All improvements that will ultimately be dedicated and become a part of the Village-owned infrastructure system shall be inspected full-time during construction by a designated representative of the Village. The costs of such inspection shall be paid by the developer. The developer will provide the Village with a one (1) year warranty covering all dedicated improvements and public utilities installed.
(Ord. 19-20. Passed 11-4-20.)
1111.01 INITIATION.
Unless specifically governed by Chapter 1141, the following general requirements apply to all requests to amend, supplement, change or repeal the regulations, zoning district boundaries, or zoning district classifications of property established by this Planning and Zoning Code and/or Zoning District Map. Changes to existing zoning may be initiated in one of three (3) ways:
(a) By adoption of a motion by the Planning and Zoning Board.
(b) By adoption of a resolution by Village Council.
(c) By filing of an application by one or more owners or lessees of property within the area proposed to be changed or affected by amendments to this Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1111.02 APPLICATION PROCEDURE.
(a) Application. If initiated by application, two (2) copies of a completed application form and fee for proposed change or amendment to this Planning and Zoning Code and Zoning District Map shall be submitted to the Community Development Coordinator, who shall review the application and determine whether such application is complete and meets the requirements set forth in this Section.
(b) Application Fee. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
(c) Application Contents. The application must contain the following:
(1) Name, address, and phone number of the applicant(s) and representative(s) if any, and signatures of the property owner(s) or designee.
(2) A current and accurate legal description of the property in question.
(3) The proposed amendment to the Planning and Zoning Code, the proposed use and the proposed zoning district of the property.
(4) The present use and present zoning district of the property.
(5) A list of all property owners within, contiguous to, and directly across the street from the property in question, taken from a current County Auditor's tax list or the County Treasurer's mailing list.
(6) A statement of the relation of the proposed change or amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request to rezone.
(7) A map drawn to scale which shows property lines, lot sizes, structures, streets, parking, lighting, landscaping, signs, existing and proposed utility service, and existing and proposed zoning. The Planning and Zoning Board may request the applicant to supplement this information.
(8) Any deed restrictions, easements, covenants and encumbrances to be used to control the use, development and maintenance of land, and proposed uses, shall be fully denoted by text and map.
(9) At the discretion of the Planning and Zoning Board, an engineer's estimate of utility needs of the proposed use of the area being considered for rezoning, to include sewer, water, storm water, refuse, and electricity demand may be required. In addition, an engineer's estimate of potential traffic generation for the proposed uses may also be required.
(10) Any such additional information as may be required by this Planning and Zoning Code and/or requested by the Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
1111.03 CRITERIA FOR REVIEW.
The following general standards may be considered as criteria for approval of all proposed changes or amendments to this Planning and Zoning Code and Zoning District Map:
(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area.
(b) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage.
(c) Relationship of the proposed amendment to the public health, safety, and general welfare.
(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.
(e) A report by the Technical Review Group, if requested.
(Ord. 19-20. Passed 11-4-20.)
1111.04 REVIEW PROCEDURE.
(a) Transmittal of Resolution or Application. Upon referral of the proposed resolution by Village Council, or the filing of an application by at least one (1) owner or lessee of the property, said proposed resolution or application shall be transmitted to the Planning and Zoning Board.
(b) Public Hearing by Planning and Zoning Board. A public hearing of the Planning and Zoning Board shall be scheduled within sixty (60) days from the date of the acceptance of a resolution, motion or complete application to amend this Planning and Zoning Code and/or Zoning District Map. The Planning and Zoning Board may continue a public hearing by a majority vote of those members in attendance.
(c) Public Notice of Hearing by Planning and Zoning Board. Notice of the date set for hearing shall be published in one (1) or more newspapers of general circulation in the Village, at least ten (10) days prior to the scheduled hearing. Such notice shall include the time, date and place of the hearing and the nature of the proposed amendment.
(d) Notice to Property Owners. If the proposed amendment intends to rezone or redistrict parcels of land, as listed on the tax duplicate, written notice of the hearing shall be sent by the Village, by certified mail, at least ten (10) days prior to the date of a scheduled public hearing to all property owners described in Section 1111.02(c)(5). The notice shall correspond to Section 1111.04(c) above.
(e) Action by Planning and Zoning Board. Within thirty (30) days of the public hearing, the Planning and Zoning Board shall review the application and make one of the following recommendations to Village Council:
(1) Recommend that the amendment be granted as requested.
(2) Recommend a modification of the amendment.
(3) Recommend that the amendment not be granted.
(f) Public Hearing by Council. Upon receipt of such recommendation, Village Council shall schedule a public hearing within forty-five (45) days. Village Council may continue a public hearing by a majority vote of those members in attendance.
(g) Public Notice of Hearing by Council. Notice of the date set for hearing shall be published in one (1) or more newspapers of general circulation in the Village, at least thirty (30) days prior to the scheduled hearing. Such notice shall include the time, date and place of the hearing, nature of the proposed amendment, and a summary of the Planning and Zoning Board's recommendation. During such thirty (30) days, a copy of the proposed amendment, together with maps, plans, and reports submitted by the Planning and Zoning Board, shall be on file, for public examination, in the Office of the Community Development Coordinator.
(h) Notice to Property Owners. If the proposed amendment intends to rezone or redistrict parcels of land, as listed on the tax duplicate, written notice of the hearing shall be sent by the Village, by first class mail, at least twenty (20) days prior to the date of the public hearing to all property owners described in Section 1111.02(c)(5). Notice shall correspond to Section 1111.04(c) above.
(i) Action by Village Council. Within thirty (30) days of the public hearing, Council shall adopt or deny the recommendation of the Planning and Zoning Board. Amendments to this Planning and Zoning Code shall be by Ordinance. The recommendation of the Planning and Zoning Board shall be determined to be passed and take effect only upon the concurrence of at least a majority of the members elected to Village Council. No Ordinance which violates, differs from, or departs from the recommendations of the Planning and Zoning Board shall take effect unless approved by not less than three-fourths (3/4) of the members elected to Village Council.
(Ord. 19-20. Passed 11-4-20.)
1113.01 PURPOSE.
Certain uses more intensely affect the surrounding area in which they are located than permitted uses in the same zoning district and, if properly controlled and regulated, these uses can be compatible within the zoning district. To provide this necessary control such uses shall be designated as conditional uses and allowable only upon review and approval by the Planning and Zoning Board. Because of the uniqueness or special nature of a conditional use with respect to location, design, size, and method of operation, each such use that comes before the review of the Board shall be considered individually.
(Ord. 19-20. Passed 11-4-20.)
1113.02 APPLICATION FOR A CONDITIONAL USE; PROCEDURE.
(a) Written Application. Any person owning or having an interest in property may file an application to use such property for one of the conditional uses provided for by this Code in the Zoning District in which the property is located.
(b) Fee. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
(c) Application Contents. The application for a conditional use shall contain the following items, unless additional or different information is requested by the Community Development Coordinator:
(1) Name, address and phone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) A legal description of the property.
(3) A description of the existing use, current zoning district, and proposed conditional use.
(4) A list of all property owners and their addresses within two-hundred (200) feet of the property. The list of addresses may be taken from the County Auditor's current tax list.
(5) A statement of the relationship of the proposed use to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request.
(6) A statement of the relationship of the proposed use to adjacent land use in terms of traffic, parking, noise, and other potential nuisances and general compatibility.
(7) A plot plan to show:
A. Boundaries and dimensions of the lot and the size and location of all proposed and existing structures.
B. The size and location of existing and proposed structures.
C. The use of land and location of structures on adjacent property.
D. Traffic access, traffic circulation, existing and proposed utilities, parking, lighting and illumination, landscaping, signs, and other such information relevant to the proposed use.
(8) Such additional information as may be required by this Zoning Ordinance and/or requested by the Board and/or Community Development Coordinator to review the application.
(Ord. 19-20. Passed 11-4-20.)
1113.03 REVIEW PROCEDURE FOR APPLICATION.
(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Community Development Coordinator at least fifteen (15) days prior to a regularly scheduled meeting of the Planning and Zoning Board. Prior to accepting such application, the Community Development Coordinator shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application and application fee, as determined by the Community Development Coordinator, shall result in a refusal of acceptance.
(b) Planning and Zoning Meeting. The Planning and Zoning Board shall hold a public hearing on a Conditional Use Application. The applicant must attend this hearing. At least ten (10) days before the hearing date, written notice of the meeting shall be given to the applicant and all property owners within 200 feet of the property in question.
(c) Approval. The Planning and Zoning Board shall approve an application for a Conditional Use if the following conditions are met:
(1) Is in fact a conditional use as established under the provisions of this Code for the specific zoning district of the parcel(s) listed on the application.
(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village and/or this Code.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property, or the general welfare, including but not limited to excessive production of traffic, noise, smoke, fumes, glare, odor, potential for explosion, and air or water pollution.
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(d) Approval with conditions. The Planning and Zoning Board may approve with conditions an application for a Conditional Use, if the proposed use is a Conditional Use of the Zoning District and the applicable Development Standards are met, but the Board believes, in its sole discretion, conditions are necessary and required:
(1) To be in accord with appropriate plan for the area.
(2) To prevent undesirable effects on adjacent property and the surrounding area.
(e) Findings of Fact. The Board's determination in acting on a requested conditional use shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(Ord. 19-20. Passed 11-4-20.)
1113.04 ISSUANCE OF PERMIT/EXPIRATION.
Upon approval and with such conditions attached by the Planning and Zoning Board, the Community Development Coordinator shall issue a conditional use permit to the applicant within ten (10) days. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within six (6) months after date of approval.
If the conditional use is not carried out within six (6) months after the date of approval, the Planning and Zoning Board may grant one extension of a conditional use permit for an additional period of six (6) months, upon good cause shown for the extension.
(Ord. 19-20. Passed 11-4-20.)
1115.01 PURPOSE.
The issuance of a variance from the strict interpretation of the applicable regulations in this Planning and Zoning Code shall be under the authority of the Planning and Zoning Board, except however, in those limited instances specified by the Planning and Zoning Code. In no case shall a variance be granted to allow a use not permitted under the applicable district regulations.
(Ord. 19-20. Passed 11-4-20.)
1115.02 APPLICATION FOR VARIANCE.
(a) Application. Written application for a variance shall be made by any person owning or having an interest in the property to the Planning and Zoning Board.
(b) Fee. A fee, as established by Village Council, shall be paid by the applicant at the time of application to cover the costs of reviewing and reporting of the application. See Section 1105.03(b).
(c) Application Contents. The application shall contain the following items, unless additional or different information is requested by the Community Development Coordinator:
(1) Name, address, and telephone number of the applicant(s) and representative(s) if any, and the signature of the property owner(s).
(2) The legal description of the property(s) .
(3) The nature of the variance being requested and what provisions of the Zoning Code are affected.
(4) The specific reasons why the variance is justified according to this chapter.
(5) A list of all property owners and their addresses within two-hundred (200) feet of the property in question. The list of addresses may correspond to the County Auditor's current tax list.
(6) A plot plan to show:
A. Boundaries and dimensions of the property and the size and location of all proposed and existing structures.
B. The nature of the special conditions or circumstances giving rise to the variance application.
C. The proposed use of all parts of the lot and structures.
D. The use of land and location of structures on adjacent properties.
(Ord. 19-20. Passed 11-4-20.)
1115.03 REVIEW PROCEDURE.
(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Community Development Coordinator at least forty-five (45) days prior to a regularly scheduled meeting of the Planning and Zoning Board. Prior to accepting such application, the Community Development Coordinator shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application and application fee, as determined by the Community Development Coordinator, shall result in a refusal of acceptance.
(b) Planning and Zoning Meeting. The Planning and Zoning Board shall hold a public hearing on a Variance Application. The applicant must attend this hearing. At least ten (10) days before the hearing date, written notice of the meeting shall be given to the applicant and all property owners within 200 feet of the property in question.
(c) Actions of the Board. Within thirty (30) days after the public hearing, the Planning and Zoning Board shall either approve, approve with conditions, or disapprove the request for variance. The Planning and Zoning Board shall approve a variance or approve a variance with supplementary conditions only if the Board determines the applicant would have practical difficultly in meeting the Code requirements if a variance was not granted. Factors that should be considered when determining whether practical difficulties exist include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage, etc.);
(5) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance, and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(d) Findings of Fact. The Board's determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(Ord. 19-20. Passed 11-4-20.)
1115.04 ISSUANCE OF PERMIT.
Upon approval and with such conditions attached by the Planning and Zoning Board, the Community Development Coordinator shall issue and attach to the Zoning Certificate a Certificate of Variance for all approved variances within ten (10) days of approval.
(Ord. 19-20. Passed 11-4-20.)
1117.01 GENERAL.
The lawful use of any dwelling, building, structure, or lot, as existing and lawful at the time of adoption or amendment of this Planning and Zoning Code, may be continued, although such use does not conform with the provisions of this Planning and Zoning Code, but if any such nonconforming use is voluntarily discontinued for a period of two (2) years or more, any future use shall be in conformity with this Planning and Zoning Code. It is the intent of this Planning and Zoning Code that such nonconformities shall not be enlarged, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district, except as provided for herein.
(Ord. 19-20. Passed 11-4-20.)
1117.02 NONCONFORMING LOTS.
A principal and/or accessory structure may be permitted on any nonconforming lot of record, notwithstanding limitations imposed by other requirements of that zoning district. This provision shall apply even though such lot fails to meet the requirements for area and/or width for the zoning district in which such lot is located. Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership.
(Ord. 19-20. Passed 11-4-20.)
1117.03 NONCONFORMING STRUCTURES.
A principal and/or accessory structure, which, by reason of size, type, or location on the lot, is nonconforming with the Zoning District in which it is located may be altered, reconstructed or expanded on application to the Planning and Zoning Board, in the manner prescribed by the Board, provided the applicant shows the following:
(a) The nonconforming structure and development was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(b) Such alteration, reconstruction or expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and,
(c) Such alteration, reconstruction or expansion shall not increase the total floor area of the structure by more than fifty (50) percent.
(d) No such alteration, reconstruction or expansion shall be requested within two (2) years of the last previous alteration, reconstruction or expansion as approved by the Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
1117.04 NONCONFORMING USES.
The lawful nonconforming use of a dwelling, building, structure, or lot may be continued, expanded, substituted, changed, or re-established subject to the following provisions:
(a) Continuation. A lawful nonconforming use shall only be continued, expanded, substituted, changed, or re-established within the same zoning district in which it is located.
(b) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on application to the Planning and Zoning Board, in the manner prescribed by the Board,, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(2) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and,
(3) No expansion shall be requested within two (2) years of the last previous expansion as approved by the Planning and Zoning Board.
(c) Substitution. On application to the Planning and Zoning Board, in the manner prescribed by the Board, a lawful nonconforming use may be changed to another lawful nonconforming use of the same or more restricted classification, provided the applicant shows that:
(1) The nonconforming use was lawful at the time of adoption or amendment of this Planning and Zoning Code;
(2) The nonconforming use occurs on a lot that has been under the same ownership for at least the previous two (2) years;
(3) Such substitution is harmonious with the general objectives of this Planning and Zoning Code; and,
(4) No substitution shall be requested within two (2) years of the last previous substitution as approved by the Planning and Zoning Board.
(d) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and re-established, provided that the restoration or reconstruction of the structure is commenced within twelve (12) months of the time of damage, and that such restoration or reconstruction would not extend or expand the existing use.
(Ord. 19-20. Passed 11-4-20.)