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Johnstown City Zoning Code

TITLE THREE

Zoning Administration

1121.01 GENERAL MEANINGS OF WORDS.

   (a)    For purposes of this Zoning Ordinance, certain words or terms used herein shall be defined as follows:
      (1)   "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
      (2)    "Shall" is mandatory, "may" is permissive and "should" is preferred.
      (3)    "Used" or "occupied" include the words "intended, designed or arranged to be used or occupied. "
      (4)    "Lot" includes the words plot or parcel.

1121.02 SPECIFIC WORDS DEFINED.

   (a)    Words not otherwise defined herein shall be defined as found in Webster's Unabridged Dictionary.
      (1)    "Accessory building, use or structure" means a building, use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, structure or building. Accessory buildings and structures includes those attached to or separate from the principal structure or building, and shall be applied consistent with Section 1171.03.
      (2)    "Agriculture" means the use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry, except swine and the necessary accessory uses for packing, treating or storing of goods produced on the premises. However, the operation of any such accessory uses shall be secondary to that of normal agriculture activities and the above uses shall not include the commercial feeding of garbage or offal to any animals.
      (3)    "Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
      (4)    "Basement" means a story having more than one-half of its height below the grade.
      (5)    "Bilevel" means any single-family dwelling with no one floor within thirty inches of finish grade.
      (6)    "Building" means any structure designed or intended for the support, enclosure, shelter or protection of animals, chattels or property.
      (7)    "Building height" means the vertical distance from the finish grade to the highest point of a coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
      (8)    "Building line" means the front yard setback; a line established by this Zoning Ordinance, generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located except as may be provided by this Zoning Ordinance or approved by the Planning and Zoning Commission.
      (9)    "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
      (10)    "Club" means a building or portion thereof or premises owned or operated by a person for social, fraternal, literary, political, educational, recreational purpose primarily for the exclusive use of members and their guests.
      (11)    "Conditional use" means a use which more intensely affects the surrounding area in which it is located than permitted uses in the same zoning district, allowable only upon compliance with the provisions of Chapter 1131 .
      (12)    "Conditional use permit" means a use permit issued by the Zoning Inspector upon compliance with Chapter 1131 to allow a use other than a principally permitted use to be established within the district.
      (13)    "Council" means the Council of the Village of Johnstown.
      (14)    "Court" means an unoccupied, open space, other than a yard, on the same lot with a building which is bounded on two sides by the walls of such building.
      (15)    "Inner court" means a court enclosed on all sides by exterior walls and lot lines on which walls are allowable.
      (16)    "Outer court" means a court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
      (17)    "Density" means a unit of measurement: the number of dwelling units per acre of land,
         A.    "Gross density" means the number of dwelling units per acre of land to be developed.
         B.    "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
      (18)    "Dwelling" means a permanent building used primarily for human habitation by one or more families but does not include mobile homes.
      (19)    "Multiple-family dwelling" means a building used or designed as a residence for three or more families living independently of each other.
      (20)    "Single-family dwelling" means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.
      (21)    "Two-family dwelling" means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
      (22)    "Dwelling unit" means space, within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
      (23)    "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
      (24)    "Family" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption or marriage no such family shall contain over five persons.
      (25)    "Floor area of a residential building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement, vestibules, open or closed porches or verandas and open or closed stairways floor areas. All dimensions shall be measured from the interior faces of the walls.
      (26)    "Floor area of a nonresidential building" means the floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts, and rooms, storage spaces, display windows and fitting rooms and similar areas.
      (27)    "First floor area" means the area of the floor at or above grade but within thirty inches of finished grade.
      (28)    "Second floor area" means the area of the floor above eight feet above the finished grade.
      (29)    "Private garage" means a detached accessory building or portion of a principal building for the parking or temporary storage of noncommercial automobiles, travel trailers and/or boats of the occupant.
      (30)    "Public garage" means a detached accessory building or portion of principal or accessory building other than a private garage used for parking or temporary storage of passenger automobiles for some commercial purpose.
      (31)    "Service station garage" means a building, structure or land, used for dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories including lubrication of automobiles and replacement or installation of minor parts or accessories. It does not mean a repair garage nor a body shop.
      (32)    "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building.
      (33)    "Home occupation" means an occupation conducted in a dwelling unit subject to the provisions of Section 1171.02.
      (34)    "Hospital" means a place used for the care, diagnosis and treatment of such, ailing, infirm or injured persons and those who are in need of medical and surgical attention, with room, board and/or overnight facilities on the premises.
         (Ord. 1996-36. Passed 1-7-97.)
      (35)    "Hotel" means every establishment kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered to guest(s), for a period of fifty days or less in a calendar year, in vvhich five (5) or more rooms are used for the accommodation of such guests, whether such rooms are in one (1) or several structures. The term "Hotel" shall include "Motel".
         (Ord. 18-2022. Passed 10-4-22.)
      (36)    "Institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
      (37)    "Kennel or cattery" means any lot or premises on which four or more domesticated nonfarm animals more than four months old are housed, groomed, bred, boarded, trained or sold.
      (38)    "Living area" means the floor area of residential building excluding garage areas, washroom areas and closets.
      (39)    "Off-street loading space" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off- street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
      (40)    "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or an approved private street and may consist of:
         A.    A single lot of record;
         B.    A portion of a lot of record;
         C.    A combination of complete lots of record, of complete lots of record and portions of lots of record or a portion of lots of record.
      (41)    "Lot coverage" means the ratio of an identified area of a lot to the horizontally projected area of the lot, expressed as a percentage.
      (42)    "Lot frontage" means the portion of the lot abutting upon a public street.
         (Ord. 1996-36. Passed 1-7-97.)
      (43)   “Medical Cannabis Cultivation” shall mean the growing, harvesting, packaging and transporting of medical cannabis or medical marijuana.
         (Ord. 28-2017. Passed 5-16-17.)
      (44)    "Minimum area of the lot" shall be the area of the lot computed exclusive of any portion of the right of way of any public thoroughfare.
      (45)    "Lot of record" means any lot which individually or as a part of a subdivision, has been recorded in the office of the Recorder of Deeds of the County.
      (46)    "Lot Types". Terminology used in this Zoning Ordinance with reference to corner lots, interior lots and through lots is as follows:
         A.    "Corner lot" means a lot located at the intersection of two or more public streets. A lot abutting on a curved public street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meets at an interior angle of less than 135 degrees.
         B.   "Interior lot" means a lot other than a corner lot with only one frontage on a street.
         C.    "Through lot" means a lot other than a corner lot with a frontage on more than one street.
      (47)    "Width of lot" means the mean width measured at the building line and at right angles to its depth.
      (48)    "Nonconforming use" means a building, structure or use of land existing at the time of enactment of this Zoning Ordinance, which does not conform to the regulations of the district or zone in which it is situated.
      (49)    “Nursing home or nursery” means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. A nursing hone is licensed to provided personal care services and skilled nursing care. The phrases “physical impairment,” “mental impairment”, “skilled nursing services” and “personal care services” shall be defined by the relevant provisions of the Ohio Revised Code. Section 1121.02(a) shall not apply to the definition of these phrases.
      (50)    "Plant materials nursery" means land, building, structure, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
      (51)    "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, swimming pools, tennis courts, and other recreational facilities that the Planning and Zoning Commission deems permissive.
      (52)    "Off-street parking space" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
      (53)    "Planned Unit Development" means an area where a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Zoning Ordinance.
      (54)    “Planning and Zoning Commission” means the Planning and Zoning Commission of the Village of Johnstown, Licking County, Ohio.
      (55)    "Plat" means a map plan or layout of a subdivision indicating the location and boundaries of individual properties.
      (56)    "Public service facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping station, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad or by a municipal or other governmental agency, including the furnishing of electrical, gas, tail transport, communication, public water and sewage services.
      (57)    "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, tunnel, viaduct, walk or other ways in which the general public entity have a right, or which are dedicated, whether improved or not.
      (58)    "Quasi-public use" means churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
      (59)    "Repair shop" or "body shop" means a building or structure used for major restoration, replacement, rehabilitation, reconstruction of a motor vehicle structure, mechanical parts or body.
      (60)    "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
      (61)    "Seat", for the purposes of determining the number of off-street parking spaces required for certain uses, means, a permanently installed seat or each twenty-four lineal inches of benches, pews or space for loose chairs.
      (62)    "Setback" means a line established by the Subdivision Regulations or Zoning Ordinance generally parallel with and measured from the property line, right of way or edge of pavement whichever is further from the centerline of the road defining the limits in which no building or structure may be located above ground, except as may be provided in the Subdivision Regulations or Zoning Ordinance.
      (63)    "On-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the health and sanitation officials having jurisdiction.
      (64)    "Sidewalk" means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
      (65)   “Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization. Separated letters or printing located on a building spelling the name of the establishment and the goods sold on the premises do not constitute a "sign" for purposes of this section.
      (66)    "Story" means that part of a building between the surface of a floor, whether or not counted for purposes of computing floor area ratios, and the ceiling immediately above.
      (67)    “Half-story" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
      (68)    "Structure" means anything constructed or erected, the use of such requires location on the ground or attachment to something having a fixed location on the ground. Among other things structures include, buildings, stadiums, platforms, radio towers, sheds, storage bins, fences and signs.
      (69)    "Swimming pool" means a pool, pond, lake or open tank containing at least one and one-half feet of depth of water at any point and maintained as a swimming pool by an owner.
      (70)    "Thoroughfare, street or road" means the full width between property lines bounding every public right of way of whatever nature with a part thereof to be used for vehicular traffic and designated as follows:
         A.    "Alley" means a public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general circulation.
         B.    "Arterial street" means a general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
         C.    "Collector street" means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
         D.    "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
         E.    "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
         F.    "Local street" means a street primarily for providing access to residential, commercial or other abutting property.
         G.   “Loop street” means a type of local street, each one of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.
         H.   “Marginal access street” means a local or collector street parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
      (71)   “Trailer” means any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semi-trailer and a vehicle of the dolly type such as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five miles per hour, and a vehicle that is designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour. “Trailer” does not include a manufactured home or travel trailer.
         (Ord. 1996-36. Passed 1-7-97.)
      (72)   “Trailer park”, “mobile home park” or “house trailer park” means any site, lot, field or tract of land upon which two or more house trailers capable of being used for habitation are parked or situated.
      (73)   “Use” means the specific purposes for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
      (74)   “Variance” means a modification of the strict terms of the relevant regulations where such modifications will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
      (75)   “Veterinary animal hospital or clinic” means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation and/or recuperation.
      (76)   “Yard” means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
      (77)   “Front setback” means a setback extending across the full width of the lot and measured from the property line, right of way or edge of pavement whichever is further from the centerline of the road.
      (78)   “Rear setback” means a setback extending across the full width of the lot and lying between the rear line of the lot and the nearest wall of the principal building. The depth of the rear setback shall be measured at right angles to the rear line of the lot. On both corner lots and interior lots, the rear setback shall in all cases be the opposite end of the lot from the front setback.
      (79)   “Side setback” means a setback extending from the principal building to the side lot line on both sides of the principal building.
      (80)   “Zoning Map” means the zoning district map or maps of the Village, together with all amendments subsequently adopted by Council resolution.
      (81)   “Zoning Certificate” means a document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures and the characteristics of the uses.
      (82)   “Split level” means any single-family dwelling with multiple living areas, but excluding bilevel.
      (83)   “Efficiency unit” means a single-family, one room apartment unit, excluding bathroom facilities.
      (84)   “Zoning Ordinance” means Ordinance 1983-20, as amended, which comprises Titles Three, Five and Seven of this Part Eleven.
      (85)   “Manager” means the person appointed pursuant to Section 5.01 of the Municipal Charter.
      (86)   “Recreational vehicle” means a vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and is classed as follows:
         A.   “Travel trailer” means a nonself-propelled recreational vehicle that does not exceed an overall length of thirty-five feet, exclusive of bumper and tongue or coupling, and includes a tent- type foldout camping trailer.
         B.   “Motor home” means a self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food and for sleeping.
         C.   “Truck camper” means a nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. “Truck camper” does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
         D.   “Fifth wheel trailer” means a vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of 400 square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth wheel hitch ordinarily installed in the bed of a truck.
         E.   “Park trailer” means a vehicle that is commonly known as a park model recreational vehicle, meets the American National Standard Institute Standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of 400 square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.
      (87)   “Assisted Living Facility” means the following home and community- based services as they are defined in the Ohio Revised Code: personal care, homemaker, chore, attendant care, companion, medication oversight, and therapeutic social and recreational programming.
         (Ord. 6-13. Passed 5-7-13.)
      (88)   Cafe seating means non-permanent tables and chairs outside and along a public way, against the front exterior wall and limited to the front of buildings where the sidewalk adjoins the building. The tables and chairs must not extend beyond four (4) feet from the front of the building. An ADA compliant sidewalk for unobstructed passage must be open at all times for non-motorized traffic. The amount of the tables and chairs is limited to the width of the unit and any adjoining entrances.
         (Ord. 32-2016. Passed 8-2-16.)
      (89)   “Medical Marijuana Processing” means:
         A.   Combining marijuana with any other substance for distribution, including storage and packaging for resale; or
         B.   Preparing, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of marijuana or its derivatives, whether alone or mixed with any amount of any other substance.
            (Ord. 42-2019. Passed 2-6-20.)
      (90)    “Transient accommodations” means every establishment kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered to guests in which four (4) or fewer rooms are used for the accommodation of such guests, for a period of thirty days or less in a calendar year, whether such rooms are in one (1) or several structures. (Ord. 18-2022. Passed 10-4-22.)

1123.01 ZONING ORDINANCE DEFINED.

   Titles Three, Five, Seven and Nine of this Part Eleven shall be known as the Zoning Ordinance.
(Ord. 25-99. Passed 11-2-99.)

1123.02 INTERPRETATION.

   (a)   This Zoning Ordinance shall be interpreted in such a way as to incorporate the intent, both express and implied, of the Johnstown Area Comprehensive Plan, (November 1990) and the Johnstown Strategic Plan (December 2006), and any subsequent updates thereto, the provisions of which are incorporated herein by reference to the extent not inconsistent with this Zoning Ordinance.
   (b)   This Zoning Ordinance shall be interpreted in such a way as to incorporate the intent, both express and implied of the Johnstown Streetscape Master Plan and the Comprehensive Downtown Redevelopment, and Revitalization Plan, and any subsequent updates thereto, the provisions of which are incorporated herein by reference to the extent not inconsistent with this Zoning Ordinance. (Ord. 12-2010. Passed 6-1-10.)
   (c)   In interpreting and applying this Zoning Ordinance, such provisions shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, morals, prosperity and general welfare. Whenever the regulations of this Zoning Ordinance require a greater width of size of yards or open spaces, a lower height of building or less number of stories, a greater percentage of lot to be left unoccupied, a lower density of population, a more restricted use of land or imposes other higher standards or greater restrictions than one required in any other ordinance or regulation, private deed restrictions or private covenant, the provisions of this Zoning Ordinance shall govern. However, if the requirements of the other ordinance, regulation, private deed restriction or private covenant is more restrictive, then those requirements shall apply in addition to the minimum standards and requirements of the Zoning Ordinance.
(Ord. 1991-5. Passed 3-5-91.)

1123.03 VALIDITY.

   If for any reason any one or more sections, subsection, sentence, clause or phrase of this Zoning Ordinance is held to be invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Zoning Ordinance but shall be confirmed in its operation to the specific sections, subsection, sentence, clause or phrase of this Zoning Ordinance held invalid and the invalidity of any section, subsection, sentence, clause or phrase of this Zoning Ordinance in any one or more instances shall not attest or prejudice in any way the validity of this Zoning Ordinance in any other instance.

1123.04 REPEAL.

   The Zoning Ordinance or parts thereof now in effect in the Village, not otherwise adopted as a part of this Zoning Ordinance, and in conflict with this Zoning Ordinance as it is established or established hereafter are hereby repealed. However, all suits at law or in equity and/or all prosecutions resulting from violations of any Zoning Code heretofore in effect, which are now pending in any of the Courts of the State of Ohio or of the United States, shall not be abated or abandoned by reason of the adoption of this Zoning Ordinance but shall be prosecuted to their finality the same as if the Zoning Ordinance had not been adopted; and any and all violations of existing Zoning Codes, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Zoning Ordinance shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending, and/or which may have heretofore been instituted or prosecuted.

1123.05 EFFECTIVE DATE.

   This Zoning Ordinance shall take effect after passage by Council and approval by the Mayor.

1125.01 SCOPE.

   The provisions of this Zoning Ordinance shall apply to all land now within or hereafter annexed to the Village.

1125.02 COMPLIANCE.

   (a)    No building, structure or land or part thereof shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, except as hereinafter provided by this Zoning Ordinance.
   (b)    No building shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except as hereinafter provided by this Zoning Ordinance.

1125.03 YARDS.

   No part of a yard or other open space required about any building or structure for the purpose of complying with the provisions of this Zoning Ordinance shall be included as a part of a yard or other open space similarly required for another building, except as hereinafter provided by this Zoning Ordinance.

1125.04 LOTS.

   Every building hereafter erected or structurally altered shall be located on a lot as defined in Section 1121.02(a)(40), except as hereinafter provided by this Zoning Ordinance.

1125.05 ZONING INSPECTOR APPOINTMENT AND DUTIES.

   (a)    Appointment. A Zoning Inspector shall be appointed by the Manager to enforce and administer the zoning regulations contained in this Zoning Ordinance under the control of the Manager. The Zoning Inspector shall be compensated as provided by Council and shall serve for a term of three years.
   (b)    Right of Entry. The Zoning Inspector is hereby granted the power and authority to enter, at reasonable times, any premises in the Village to investigate a condition which might constitute a violation of the provisions of this Zoning Ordinance. He shall have the authority to require the person in control of or in charge of such premises to furnish him a statement as to the number of persons occupying the premises, the terms and conditions of such occupancy and such other information as he may deem pertinent to his investigation.
   (c)   Duties. For purposes of enforcing and administering this Zoning Ordinance, the Zoning Inspector shall have the following duties:
      (1)    Provide, act upon, issue and revoke permits and certificates as authorized in this Zoning Ordinance.
      (2)    Make inspections to ensure compliance.
      (3)    Receive and act upon complaints regarding violations.
      (4)    Upon finding that any of the provisions of this Zoning Ordinance are being violated, he shall notify in writing the person responsible for such violation, ordering the action necessary to correct such violation.
      (5)    Order discontinuance of illegal uses of land, buildings or structures.
      (6)    Order removal of illegal buildings or structures or illegal additions or structural alterations.
      (7)    Order discontinuance of any illegal work being done.
      (8)    Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent any violation. This may include the issuance of citations or the issuance of and action on permits and certificates and such similar administrative duties as are permissible under the law.
      (9)    Keep an official record of all actions taken in fulfillment of the duties imposed on him by this Zoning Ordinance; and ensure that all documents are safely kept, including applications, complaints, permits, certificates, appeals, reports and inspections which are received, issued or made in connection with his duties as Zoning Inspector.

1125.06 APPEALS PROCESS.

   (a)   Aggrieved parties who allege there was an error in any order, requirement, decision, or determination made by the Zoning Inspector may appeal the Zoning Inspector’s action to the Planning and Zoning Commission.
   (b)   The appealed action of the Zoning Inspector shall stand until the Planning and Zoning Commission has made a finding on the appeal.
   (c)   Those wishing to appeal the Zoning Inspector’s action must do so in writing on the form provided for such purposes. At a minimum, the appellant must provide the following information:
      (1)   Name, address, and telephone number of the appellant;
      (2)   The nature and the date of the action of the Zoning Inspector that is in dispute;
      (3)   How the appellant is personally affected by the action and how any harm was unique to the appellant and differs from that suffered by the community at large; and
      (4)   Why the appellant believes the Zoning Inspector’s interpretation is incorrect.
   (d)   The appeal must be filed with the Village Manager’s Office within thirty days of the action of the Zoning Inspector.
   (e)   All requests for appeals must be accompanied by the fee as established by the Village Council.
   (f)   All appeals will be heard by the Planning and Zoning Commission at the next regular meeting which falls at least five days after the receipt of the appeal request by the Village Manager’s Office, or at a special meeting of the Planning and Zoning Commission.
   (g)   The Planning and Zoning Commission shall hear testimony from the appellant and the Zoning Inspector, and/or other witnesses as required or permitted by the Planning and Zoning Commission, in order to determine the outcome of the appeal. No action of the Zoning Inspector shall be overturned in whole or in part unless the Planning and Zoning Commission has determined that all of the following conditions have been met:
      (1)   The appeal was made in a timely fashion;
      (2)   The appellant had standing to make the appeal;
      (3)   The Zoning Inspector improperly interpreted the Zoning Code.
   (h)   The Planning and Zoning Commission shall render their decision no later than forty-five days from the date of the hearing on the appeal.
   (i)   No appeal shall be upheld unless approved by at least a majority of the entire membership of the Planning and Zoning Commission.
(Ord. 10-00. Passed 8-1-00.)

1125.07 VIOLATIONS; REMEDIES.

   In the event of the violation of any section or part of this Zoning Ordinance, or imminent threat thereof, the Village Zoning Inspector or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedies provided by law, may institute a suit in Mayor’s Court for injunction to prevent or terminate such violation.

1125.08 ANTEDATING USES.

   (a)   Within the districts established by this Zoning Ordinance or amendments that may later be adopted there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance or future amendments. It is the intent of this Zoning Ordinance to permit those nonconformities to continue until they are removed, but not to encourage their survival.
   (b)   It is further the intent of this Zoning Ordinance that nonconformities shall not be enlarged upon, expanded or extended, rebuilt after near total destruction, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as hereby provided in Chapter 1181 .

1125.99 PENALTY.

   In the event any violation of this Zoning Ordinance shall be committed, the owner or owners of the building or premises, upon which the violation has been committed, any architect, builder or contractor who assists in the commission of such violation and any person, firm or corporation who violates or assists in the violation of any of the provisions of this Zoning Ordinance or who fails to comply therewith or with any statement or plan submitted and approved thereunder shall, for each and every violation or noncompliance, be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000). Each and every day during which such violation continues shall be deemed a separate offense.

1127.01 ZONING CERTIFICATE REQUIRED.

   A zoning certificate shall be required for, and obtained prior to the undertaking or beginning, of any of the following;
   (a)   The occupancy and/or use of vacant land
   (b)   The alteration, construction, conversion, creation, in whole or in part, of any building or structure, or the location or placement of any structure on land
   (c)   A change, in whole or in part, in the use of any existing building, structure, or land
   (d)   A change, in whole or in part, of a lawful nonconforming use
   (e)   The demolition of any building or structure within the Village
      (Ord. 15-2019. Passed 4-16-19.)

1127.02 APPLICATION.

   Applications for a zoning certificate shall be obtained from the offices of the Zoning Inspector. The application shall contain the following information:
   (a)   Name, address, telephone number and e-mail address of the applicant.
   (b)   Legal description of property as recorded in Licking County Recorder's office.
   (c)   Existing and proposed uses
   (d)   Zoning district in which property is located.
   (e)   Number of proposed dwelling units
   (f)   Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations.
   (g)   Height of proposed buildings or alterations.
   (h)   Number and dimensions of existing and proposed off-street parking or loading spaces, applicable.
   (i)   Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
      (Ord. 15-2019. Passed 4-16-19.)

1127.03 APPROVAL.

   Within 30 days after the receipt, the application shall be either approved or disapproved by the Zoning Inspector, unless the provisions of other specific sections of this Ordinance apply. All zoning certificates shall be conditional upon the commencement of work within one (1) year. One (1) copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent, on such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval. One (1) copy of application, similarly marked, shall be retained by the Zoning Inspector. If the application is approved and upon issuance of a Certificate of Zoning Compliance attesting to the fact that the use or alteration is in conformance with the provisions of this Ordinance, the Zoning Inspector shall, upon request, notify County Auditor that such certificate has been issued. (Ord. 15-2019. Passed 4-16-19.)

1127.04 RECORDS.

   A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector and copies shall be furnished upon request to any persons, subject to provisions of Ohio Public Records Law.
(Ord. 15-2019. Passed 4-16-19.)

1127.05 EXPIRATION.

   If the work described in any zoning certificate has not begun within twelve (12) months from the date of issuance thereof, or has not been completed within twenty four (24) months from the date of issuance thereof, said permit shall expire. Further work as described in the expired permit shall not proceed unless and until a new zoning certificate has been obtained or an extension has been granted by the Planning and Zoning Commission.
(Ord. 15-2019. Passed 4-16-19.)

1127.06 CERTIFICATE OF COMPLIANCE.

   (a)    Certificate of Zoning Compliance Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance.
   (b)    Application for Certificate of Zoning Compliance. Certificates of Zoning Compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the exterior erection or structural alteration of such building shall have been completed in conformance with the provisions of this Ordinance.
   (c)    Record of Certificate of Zoning Compliance. The Zoning Inspector shall maintain a record of all Certificates of Zoning Compliance.
(Ord. 15-2019. Passed 4-16-19.)

1127.07 CONSTRUCTION AND USE TO BE AS IN APPLICATIONS.

   Zoning Certificates and Certificates of Compliance issued on the basis of plans and applications or amendments thereto, authorized by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or constructions. (Ord. 15-2019. Passed 4-16-19.)

1127.08 VOID ZONING CERTIFICATES.

   (a)   A zoning certificate shall be void if any of the following conditions exist:
      (1)   The zoning certificate was issued by the Zoning Inspector contrary to the provisions of this Ordinance.
      (2)   The zoning certificate was issued based upon a false statement by the applicant.
      (3)   The zoning certificate has been assigned or transferred.
   (b)   When a zoning certificate has been declared void for any of the above reasons by the Planning and Zoning Commission, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease, unless and until a new zoning certificate has been issued.
(Ord. 15-2019. Passed 4-16-19.)

1127.09 FEE SCHEDULE.

   Council, by resolution, shall establish a schedule of fees, charges and expenses and a collection procedure for Zoning Certificates, Certificates of Compliance and other matters pertaining to this Zoning Ordinance. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered and amended only by resolution of Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. All funds shall be made payable to the Village. All fees shall be paid to the General Fund.
(Ord. 15-2019. Passed 4-16-19.)

1129.01 CREATION AND AUTHORITY.

   EDITOR’S NOTE: See Charter Sec. 7.03 (a)

1129.02 MEETINGS.

   Meetings of the Planning and Zoning Commission shall be held at the call of the Chairperson and at such other times as the Commission may determine. Each meeting of the Commission shall be open to the public. All action shall be by resolution and recorded in the minutes.

1129.03 QUORUM; VOTING.

   (a)    Three members present shall constitute a quorum of the Planning and Zoning Commission.
   (b)    Three affirmative votes shall be required for the passage of any resolution.

1129.04 POWERS AND DUTIES.

   EDITOR’S NOTE: See Charter Sec. 7.03 (b).

1129.05 VARIANCES AND AMENDMENTS.

   Variances from the provisions of this Zoning Ordinance shall be governed by Chapter 1133 . Amendments shall be governed by Chapter 1137 .

1131.01 PURPOSE.

   Under some unusual circumstances, a proposed use which more intensely affects an area than those uses permitted in the zoning district in which it is located, may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the description of the respective zoning districts. The Planning and Zoning Commission may allow such a use to be established as a conditional use where these unusual circumstances exist and where the proposed use will be consistent with the general purpose and intent of this Planning and Zoning Code.
(Ord. 15-2019. Passed 4-16-19.)

1131.02 APPLICATION FOR CONDITIONAL USE.

   Any person owning or having an interest in property may file an application to use such property for a conditional use provided for by this Ordinance in the zoning district in which the property is situated. An application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the Planning and Zoning Commission. The application shall contain the following information:.
   (a)   All of the information required for a zoning certificate, pursuant to Section 41131.03.
   (b)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
   (c)   A narrative statement evaluating the effects on adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district.
   (d)   The names and addresses of all property owners contiguous to, and directly across the street from the property, as appearing on the Licking County Auditor's current tax list.
   (e)   Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning and Zoning Commission as determined by the Village Planner.
      (Ord. 15-2019. Passed 4-16-19.)

1131.03 GENERAL STANDARDS FOR CONDITIONAL USES.

   The Commission shall not approve a conditional use unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:
   (a)   Will be harmonious with the existing or intended character of the general vicinity and that such use will not change the general character of such area.
   (b)   Seeks to maintain, and will not be hazardous to, the health, safety and welfare of the existing neighborhood, and the total community.
   (c)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, 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.
   (d)   Will not create excessive additional requirements for public facilities and services and will not be detrimental to the economic welfare of the community.
   (e)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
   (f)   Will have vehicular approaches to the property which shall be so designated as not to interfere with traffic on surrounding public streets or roads.
   (g)   Complies with any other requirements or standards that are cited under the specific zoning district regulations of this Ordinance.
   (h)   Will be in accord with the general objectives, or with any specific objective, of the strategic plan and the Zoning Ordinance
   (i)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
   (j)   Is a conditional use identified for the applicable zoning district.
   It shall be the duty of the applicant to present by the preponderance of evidence, sufficient proof in the application to demonstrate that the requirements cited above are met.
(Ord. 15-2019. Passed 4-16-19.)

1131.04 ACTION BY THE PLANNING AND ZONING COMMISSION.

   Within sixty (60) days from the date of the application, the Commission shall approve, approve with supplementary conditions as authorized in Section 1131.05, or disapprove the application as presented. In rendering its decision, the Commission may contact and seek input from adjacent property owners and/or other interested parties. If the application is approved with supplementary conditions, the Commission shall direct the Zoning Inspector to issue a zoning certificate listing the specific conditions listed by the Commission for approval. If the application is disapproved, the applicant may seek relief pursuant to the Ohio Revised Code, the Johnstown Village Charter or other ordinances of the Village. If no action is taken by the Commission within the specified time frame, the application shall be considered as approved.
(Ord. 15-2019. Passed 4-16-19.)

1131.05 SUPPLEMENTARY CONDITIONS

   In granting any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformance with this chapter.
(Ord. 15-2019. Passed 4-16-19.)

1131.06 EXPIRATION AND REVOCATION OF ZONING CERTIFICATE ISSUED UNDER CONDITIONAL USE PROVISIONS.

   The approval of the zoning certificate issued in accordance with Section 1131.04 above, shall become null and void if such use is not fully implemented, as evidenced by issuance of a Certificate of Zoning Compliance, within eighteen (18) months after date of approval; however, the Planning and Zoning Commission may grant an extension of a zoning certificate for a conditional use for an additional period of six (6) months upon good cause shown by the applicant. Good cause may include such factors as adverse weather or site conditions, difficulty in procurement of materials, or delay due to complexity of the project despite the applicant's diligent and good-faith efforts to comply with the eighteen-month timeframe. The Planning and Zoning Commission may revoke the zoning certificate, if it finds, based upon written evidence by any citizen or official of the Village, of violation of this Ordinance and/or written terms and conditions upon which approval was based. The Conditional Use Permit shall authorize at most only the conditional use applied for and such Conditional Use Permit shall automatically expire, if for any reason the conditional use shall cease for more than one (1) year, unless the property owner or occupant shows that such cessation is due to force majeure or other calamity or casualty outside the control of the property owner or occupant, which the property owner or occupant is working diligently and in good-faith to remedy.
(Ord. 15-2019. Passed 4-16-19.)

1131.07 BENEFIT OF PERMIT.

   No Conditional Use Permit shall inure to the benefit of the heirs, successors, assigns or purchasers of a Conditional Use Permit holder.
(Ord. 15-2019. Passed 4-16-19.)

1131.08 BURDEN OF PROOF.

   It shall be the affirmative duty of the applicant to present by the preponderance of evidence, sufficient basis to demonstrate the propriety of a conditional permit. Mere application for the permit is not sufficient. (Ord. 15-2019. Passed 4-16-19.)

1131.09 NOTICE OF PUBLIC HEARING.

   Notice shall be given at least seven days prior to the public hearing and be published on the City of Johnstown webpage. Property owners as listed under Section 1131.02(d) shall be notified at least seven days prior to the hearing by mail. Such notice shall include the place, time, date and nature of the conditional use applied. Failure of ordinary mail delivery shall not be a basis for appeal, nullification, or reversal of the Planning and Zoning Commission’s action on any application.
(Ord. 25-2024. Passed 10-1-24.)

1132.01 PURPOSE AND INTENT.

   (a)   The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, location and development standards, and application and review standards. The intent of these regulations is to ensure that the temporary use does not adversely impact permanent or permitted-by-right uses of the same or neighboring properties. Furthermore, the purpose of these temporary use regulations is to:
      (1)   Allow review by elected and appointed officials to ensure all necessary conditions are applied to maintain a harmonious environment within the City of Johnstown.
      (2)   Maintain life, health, safety and welfare of surrounding properties and persons interacting with the temporary use.
      (3)   Review mitigation measures to minimize impacts to mobility (vehicles, bicycles, pedestrians) and surrounding properties.
      (4)   Ensure temporary uses and activities are consistent with the purpose and intent of the city's comprehensive plan and codified ordinances of Johnstown, Ohio.
         (Ord. 13-2023. Passed 8-1-23.)

1132.02 DEFINITIONS.

   (a)   "Temporary Use" - means a use or structure on improved or unimproved real estate which is of a short-term nature or fixed duration, which do not require permanent construction and which are approved with a specific time limit in which said use may be conducted. (Ord. 13-2023. Passed 8-1-23.)

1132.03 APPLICABILITY.

   (a)   The regulations of this chapter apply to the temporary use of property within all city zoning districts. (Ord. 13-2023. Passed 8-1-23.)

1132.04 PERMIT REQUIRED.

   (a)   Except as otherwise provided in this Zoning Code, the temporary uses listed in this chapter shall require the issuance of a Temporary Use Permit (TUP) from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a TUP shall be as described in Section 1132.06 - Procedures.
   (b)   Applicants seeking a TUP for a time period longer than otherwise allowed by this chapter may submit an application for a Conditional Use Permit (CUP) for said activity provided the proposed use complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Any request for a CUP shall be processed in accordance with Chapter 1131 of these regulations.
(Ord. 13-2023. Passed 8-1-23.)

1132.05 DURATION OF TEMPORARY USES.

   (a)   The applicant for a TUP, as part of the application, must specify the time needed to conduct the proposed temporary use. City Council, in their sole discretion, may condition the approval of a TUP to align with the timing needs of the proposed temporary use.
   (b)   The duration of a TUP shall not exceed six (6) months from the approval of the TUP unless extended by City Council for up to an additional six (6) months. In no case shall a TUP be active for more than twelve (12) months from the initial approval date. Requests for extensions to the initial TUP shall be reviewed using the criteria established in Section 1132.07.
   (c)   The site of the temporary use must be returned to original condition prior to expiration of the TUP.
(Ord. 13-2023. Passed 8-1-23.)

1132.06 PROCEDURES.

   (a)   Application. All applicants for a TUP must submit a completed application (including all required submittals), along with applicable fees, for review by the City of Johnstown. TUP applications are available at the City Clerk's office.
   (b)   Fees. Prior to any review by Johnstown staff or officials or commencement of any temporary use, payment must be submitted to the City of Johnstown. A fee schedule is maintained by the City and is available at the City Clerk's office.
   (c)   Application Submittal Requirements. In addition to the application and fee, the items listed below, at a minimum, shall be submitted to aid in the review of the request by the City of Johnstown. Additional submittal materials are encouraged to assist in the review of the request by the City of Johnstown. Minimum submittal requirements for a TUP are as follows:
      (1)   A site plan, drawn to scale, illustrating the location of proposed structures, parking areas, ingress/egress for vehicles and pedestrians, setbacks from all property boundaries, and where materials will be staged/stored.
      (2)   Plans/specifications for any temporary structures including utility connection points (as applicable).
      (3)   Topography map indicating contours as well as any water bodies or intermittent streams and/or stands of trees. Any planned grading must be indicated on this map, as well as any changes or obstructions to water flow.
      (4)   Specifications/photographs of materials that will be used to prepare the site for temporary use including, but not limited to, vehicular/pedestrian circulation materials, visual screening products, lighting, access control, and site security.
      (5)   Signed owners' authorization form allowing the applicant to utilize said property for the intended temporary use and timeframe.
      (6)   For undeveloped sites, proof of performance bond (or ability to secure at time of approval) to return the site to original condition prior to the commencement of the temporary use.
   (d)   Review Process. See Section 1132.07 for review and approval procedures.
(Ord. 13-2023. Passed 8-1-23.)

1132.07 REVIEW PROCESS.

   The City Manager, or their designee(s), shall review the request and provide a recommendation to the Planning and Zoning Commission within ten (10) business days of receipt of a completed application for a TUP. The recommendation shall clearly state any conditions of approval or reasons for denial. Within ten (10) business days of the recommendation of the Planning and Zoning Commission, the findings of staff and the Planning and Zoning Commission shall be forwarded to City Council for review. The City Council, may approve, approve with conditions, or deny the request for a TUP.
   (a)   Findings. The City Manager, or their designee, shall recommend to approve, approve with conditions, or deny a TUP after making all of the findings below. If the City Manager, or their designee, does not make all of these findings, he or she shall recommend denial of the TUP.
      (1)   The establishment, maintenance, and operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
      (2)   The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
      (3)   Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of potential permanent uses otherwise allowed by this Zoning Code.
   (b)   Conditions. In approving a TUP, the City Council may impose conditions to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following:
      (1)   Measures to minimize impacts on adjacent uses, such as buffers and screening, stormwater run-off best management practices, hours of operation, lighting requirements, and/or parking measures.
      (2)   Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
      (3)   Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
      (4)   Other conditions of approval deemed reasonable and necessary to ensure that the approval complies with the findings above.
   (c)   Requests for TUP time extension. Requests to extend the initial TUP approval timeframe shall utilize the same findings as established in Section 1132.07(a). Additionally, the reviewing body shall consider any code enforcement complaints when reviewing any requests for extending a TUP past the initial approval timeframe. (Ord. 13-2023. Passed 8-1-23.)

1132.08 DEVELOPMENT STANDARDS, GENERALLY.

   (a)   Each use granted a TUP shall comply with all applicable regulations and development standards outlined in the City's Codified Ordinances. In addition to the temporary use-specific requirements established in this chapter, all temporary uses must adhere to the regulations established below:
      (1)   Measures for removal of the temporary use and site restoration, to ensure that no changes to the site would limit the range of potential permanent uses otherwise allowed by the existing zoning.
      (2)   Limitation on the duration of approved temporary structures to a maximum of one year, so that temporary structures do not become permanent structures.
      (3)   General site order and maintenance.
      (4)   Other requirements as appropriate to minimize any adverse impacts of the use.
   (b)   The physical permit, granted by approval of a TUP request, must be placed on the site of the TUP in a manner that is visible to the users of the site, and City personnel.
(Ord. 13-2023. Passed 8-1-23.)

1132.09 ALLOWABLE TEMPORARY USES.

   The temporary uses listed below may only be established after first obtaining a valid (TUP). Uses that do not fall within the categories defined below shall comply with the use and development regulations and permit requirements that otherwise apply to the property.
   (a)   Construction Yard - Off Site.
      (1)   Definition. A "Construction Yard - Off Site" is a parcel, or portion thereof, that is used for the temporary storage of materials, vehicles, and/or equipment related to a construction project that is not located on the same parcel. An example of a Construction Yard - Off Site is a parcel utilized to store materials and equipment to support infrastructure improvements within or adjacent to public rights-of-way which lack sufficient space to store these goods without impeding vehicular and pedestrian traffic and/or creating public safety concerns.
      (2)   Allowable Zoning Districts. A Construction Yard - Off Site is only allowable as a temporary use within the General Community Commercial (GCC-2), Light Manufacturing (LM), and Planned Development (PD) zoning districts (so long as the governing PD district allows for Temporary Uses in the approving zoning text).
      (3)   Development Standards. The minimum standards necessary for a Construction Yard - Off Site are as follows:
         A.   Setbacks.    Front: forty (40) feet
                  Side: twenty-five (25) feet
                  Rear: twenty-five (25) feet
         B.   Screening. All Construction Yard - Off Site uses must be enclosed by a fence a minimum of six (6) feet in height fitted with screening panels to block views of materials and equipment within the site to the general public. The screening material shall be kept in good order and securely attached to the fence through the duration of the TUP.
         C.   Ingress/Egress. Unless otherwise required by Fire/EMS access, a Construction Yard - Off Site shall have one access point, equipped with a gate or other access management device. This entry point shall be set back far enough from the adjacent sidewalk or roadway so that vehicles waiting to enter the site do not impede traffic flow on the adjacent sidewalk or roadway.
         D.   Where stabilized pavement does not exist, gravel or other stabilization systems must be used to stabilize storage and vehicular circulation areas in order to control erosion of soils, prevent permanent site damage, and minimize dirt and debris leaving the site of the temporary use.
            (Ord. 13-2023. Passed 8-1-23.)

1133.01 GRANTING OF VARIANCES.

   In accordance with Ohio R. C. 713.11, the Planning and Zoning Commission may in appropriate cases and subject to appropriate conditions and safeguards authorize such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of land, structures or buildings in other districts shall be considered grounds for issuance of variance.

1133.02 APPLICATION AND STANDARDS.

   Written application for a variance shall be made to the Zoning Inspector who shall transmit such application to the Planning and Zoning Commission. Each application for a variance shall be accompanied by the appropriate fee and shall be paid to the Zoning Inspector, who shall deliver the same to the Village Clerk-Treasurer. Each application shall be in written form and shall contain the following:
   (a)    Name, address and phone number of applicants;
   (b)    Legal description of property;
   (c)    Description and nature of variance requested; and
   (d)    A narrative statement demonstrating that the requested variance conforms to the following standards:
      (1)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
      (2)   That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;
      (3)   That the special conditions and circumstances which create the need for a variance do not result from the actions of the applicants;
      (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance, to other lands, structures or buildings in the same district.
         (Ord. 1983-20. Passed 8-16-83.)
   (e)   A list of the property owners of any property contiguous to and directly across the street from the property for which the variance is proposed, and the addresses of all such persons.
      (Ord. 1995-12. Passed 3-21-95.)

1133.03 PROCEDURE FOR APPROVAL.

   (a)   Before approving or denying the application before it, the Planning and Zoning Commission shall hold at least one public hearing on such application within forty-five days after the receipt of an application for a variance.
   (b)   Before holding a public hearing required in subsection (a) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the Village by two publications which shall be at least fourteen days before the date of such hearing and at least seven days before the date of such hearing, respectively. The notice to be published shall set forth the time and place of public hearing and the nature of proposed variance.
   (c)   Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be mailed by the chairperson of the Planning and Zoning Commission, by certified mail to all owners of property identified in Section 1133.02(e). The notifications shall contain the same information as required of notices published in the newspaper as specified in subsection (b) hereof.
   (d)   Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be posted in a conspicuous location at the Village offices. Such notice shall be posted at least fourteen days before the date of such hearing.
   (e)   The applicant shall post one sign per public street frontage of the subject property within fifteen (15) feet of the curb indicating the subject, date, and time for the hearing. The sign(s) shall be posted at least ten (10) days prior to the hearing. The sign(s) should be purchased at the Johnstown City Offices and will measure no less than 2 feet by 3 feet.
   (f)   Within forty-five days after the public hearing required in subsection (a) hereof the Commission shall either approve, approve with supplementary conditions as specified in Section 1133.04 or disapprove the request for a variance. The Commission shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
   (g)   The following factors shall be considered and weighed in the review and the public hearing of an application for variance.
      (1)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
      (2)   Whether the variance is substantial;
      (3)   Whether the character of the neighborhood would be adversely affected or whether adjoining properties would suffer an adverse impact as a result of the variance;
      (4)   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction;
      (6)   Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; and
      (7)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
      (8)   No single factor shall be considered a determinative factor, and the factors shall be weighed and balanced in determining whether a variance is warranted. The applicant shall bear the burden of proof that the criteria for a variance have been met and that application of the zoning requirement to the applicant’s property would be inequitable.
         (Ord. 33-2021. Passed 8-17-21.)

1133.04 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any variance, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance as will, in its opinion, secure substantially the objectives of this Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Zoning Ordinance. Under no circumstances shall the Commission grant a variance to allow a use not permissible under any of the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in such district.

1135.01 ZONING DISTRICT MAP ADOPTED.

   The zoning districts established in Title Five of this Part Eleven shall be shown on the Master Zoning Map, which, together with all explanatory matter thereon, is hereby adopted as part of this Zoning Ordinance.

1135.02 CERTIFICATION.

   The Master Zoning Map, with any ordinances made thereon, shall be identified by the signatures of the Mayor and the members of Council together with the words, "This is to certify that this is the Master Zoning Map referred to in Section 1135.01 of the Zoning Ordinance of the Village of Johnstown, Ohio" and the date of the adoption of this section.

1135.03 AMENDMENTS.

   lf in accordance with the provisions of this Zoning Ordinance changes are made in the district boundaries or other matters portrayed on the Master Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by Council and the Mayor, with an entry on the Master Zoning Map indicating the ordinance number and date of adoption.

1135.04 INTERPRETATION OF DISTRICT BOUNDARIES.

   Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Master Zoning Map, the following rules shall apply:
   (a)    Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries;
   (b)    Where district boundaries are so indicated that they approximately follow the lot lines such lot lines shall be construed to be such boundaries;
   (c)    Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Master Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Master Zoning Map; and
   (d)    Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of such railroad line.

1137.01 PURPOSE.

   This Zoning Ordinance may be amended, supplemented, changed or repealed through the procedure set out in this chapter, whenever the public necessity, convenience, general welfare or good zoning practices require.

1137.02 INITIATION.

   Amendments to this Zoning Ordinance may be initiated in one of the following ways:
   (a)    By adoption of a resolution of the Planning and Zoning Commission;
   (b)    By adoption of a resolution by Council; or
   (c)    By the filing of an application of at least one owner or lessee of property within the area proposed to be changed or amended by such amendment.

1137.03 APPLICATION PROCEDURES.

   (a)    Written application for amendment, change, repeal or supplementation, hereinafter referred to as amendment, shall be made to the Zoning Inspector who shall transmit the application to the Planning and Zoning Commission.
   (b)    The applicant shall pay the appropriate fee to cover advertising, review, publishing and reporting of the application. All such fees as are required by this section shall be paid to the Zoning Inspector, who shall deliver the same to the Village Clerk-Treasurer, payable to the Village.
   (c)   The application for amendment shall contain at least the following information:
      (1)    Name, address and phone number of applicant(s);
      (2)    Name, address and phone number of owner of land leased if applicant is a lessee;
      (3)    A current and accurate description of the property to which the proposed amendment would apply if enacted;
      (4)    The text of the proposed amendment to the Zoning Ordinance;
      (5)    Present use of land in question;
      (6)    Present zoning district;
      (7)    Proposed zoning district;
      (8)    A vicinity map in a reasonable scale that shows property lines, streets existing and proposed, existing and proposed zoning and whatever additional items as required by the Planning and Zoning Commission;
      (9)    A statement of the relation of the proposed amendment to the general welfare of the community, to appropriate plans for the area, and to the changed or changing conditions behind the request for the amendment;
      (10)    Any deed restrictions, easements, covenants and/or encumberances to be used to control use, development and maintenance of land, and proposed uses shall be fully denoted by text and map;
      (11)    A list of owners of property within, contiguous to and directly across the street from such area proposed to be rezoned. Accompanied by the addresses of such owners.

1137.04 TRANSMITTAL TO THE PLANNING AND ZONING COMMISSION.

   Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Planning and Zoning Commission.

1137.05 REVIEW PROCEDURE.

   (a)    The Planning and Zoning Commission shall schedule at least one public hearing after the adoption of a resolution, transmittal of a resolution from Council or the filing of an application for zoning amendment. Such hearing shall be not less than twenty days from the date of receipt of such motion, transmittal of such resolution, or the filing of such application. At such public hearing the applicant shall:
      (1)    Have the affirmative duty of presenting such evidence as will prove by a preponderance of the evidence that such amendment should be adopted;
      (2)    Provide a stenographer at applicant's expense who, shall record the proceedings of such public hearing, transcribe such recording into written form and provide the Commission with a copy thereof.
   (b)    Before holding the public hearing provided in subsection (a) hereof, notice of such hearing shall be given by the Commission by at least one publication in one or more newspapers in general circulation of the Village at least seven days before the date of such hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment as stated on the application and a statement that within thirty days after the conclusion of such public hearing a recommendation will be made by the Commission to Council.
   (c)    Written notice of the proposed amendment may be mailed by the Commission, by certified mail return receipt requested at least ten days before the date of the public hearing by the Commission, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed amendment. The notice shall contain the same information as required of notices published in newspapers as specified in subsection (b) hereof.
   (d)   The applicant shall post one sign per public street frontage of the subject property indicating the date and time for the hearing. The sign(s) shall be posted at least ten (10) days prior to the hearing. The sign(s) should be purchased at the Johnstown City Offices and will measure no less than two (2) feet by three (3) feet.
   (e)    Within thirty days after the public hearing provided in subsection (a) hereof, the Commission shall recommend to Council that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment not be granted. The Commission chairperson shall transmit such recommendation to Council.
   (f)    Upon receipt of the recommendation from the Commission, the Council Secretary shall schedule the amendment as an item of new business at a general Council meeting to be held within forty days but not less than twenty days from receipt of the
recommendation.
   (g)    At least thirty days notice shall be given prior to Council hearing on the zoning amendment. Notice shall be given in the newspaper in accordance with subsection (b) hereof, and to all property owners in accordance with subsection (c) hereof.
   
   (h)    At the next regularly scheduled Council meeting after the public hearing required in subsection (g) hereof Council shall either adopt or deny the recommendation of the Commission or adopt some modification thereof.
   (i)    Such amendment adopted by Council shall become effective thirty days after the adoption.
(Ord. 33-2021. Passed 8-17-21.)

1137.06 CRITERIA FOR REVIEW.

   The Planning and Zoning Commission shall, at the minimum, consider the following factors in review of the application:
   (a)    Relationship of the amendment to public health, safety and general welfare.
   (b)    Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area.
   (c)    Effects of the proposed amendment on access and traffic flow.
   (d)    The relationship of topography to the use intended or to its implications.
   (e)    Relationship of the proposed use to the adequacy of available services and to general expansion plans.