Kelleys Island City Zoning Code
GENERAL PROVISIONS
§ 152.001 PURPOSE.
It is the purpose of this chapter to provide for the comprehensive zoning of the village; establish use districts, heights and area regulations; control nonconforming uses; provide for off-street parking; authorize conditional zoning certificates; establish a board of zoning appeals; provide for the administration and enforcement of this chapter; establish a zoning districts map; establish procedures for amendments thereto; and to repeal existing zoning ordinances and resolutions of the village.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.002 SHORT TITLE.
This chapter shall be known as the “Zoning Code of the Village of Kelleys Island, Ohio.”
(Ord. 1993-0-2, passed 3-13-93)
§ 152.003 AUTHORIZATION.
This chapter is authorized by the constitution and the revised code of the state.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.004 DEFINITIONS.
ACCESSORY BUILDING. See ACCESSORY STRUCTURE.
ACCESSORY STRUCTURE. A subordinate structure or building, detached from, but located on the same lot, as the principal structure or building, the use of which is incidental and accessory to that of the principal structure, building, or use. Accessory structures include, but are not limited to garages, storage sheds, and barns.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of the structure or building located on the same lot as the principal use, structure or building.
ALLEY. Any public space or thoroughfare which has been dedicated or deeded to the public travel and which affords a secondary means of access to abutting property.
ALTERATION. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT HOUSE. A multi-family dwelling for three or more families, living independently of each other, with cooking and toilet facilities in each unit.
BASEMENT. A story, suitable for business or habitation, partially below the level of the adjoining street or ground and below the first tier of floor beams or joists. When a basement floor is less than two foot below the average grade, it will be rated as the first story or ground floor.
BEACH RECREATION. Recreational use of a beach, supported by sanitation facilities, parking, picnic sites, piers and docks.
BOARDER. One who has food or lodging for an agreed price, usually under a contract intended to continue for a considerable period of time.
BOARDING HOUSE. A house where the business of keeping boarders generally is carried on, and which is held out by the owner or keeper as a place where boarders are kept; one for the accommodation of those who enter under contract for entertainment at a certain rate for a certain period of time, as for a week or month, at a rate of compensation agreed on; a house kept principally for the residence of permanent boarders.
BOAT BASINS. Any bowl shaped area along the shoreline with or without structures or improvements for the mooring of boats.
BOAT PORTS and WELLS. Structures used for the storage of watercraft and associated materials such as hoists which contain roofs but are without walls and are therefore unenclosed.
BOATHOUSE. A permanent structure used for the storage of watercraft and associated materials which are enclosed, having a roof and walls.
BREAKWATERS. Structures built or constructed offshore to dissipate the energy of incoming waves for the purpose of protecting the shore from erosion. Breakwaters vary in size and type of construction.
BUFFERED AREAS. Landscaped areas with no structures or facilities located thereon, provided to protect the integrity of residential property when abutted by less restrictive zoning activities and located totally within the confines of said less restrictive properties.
BUILDING. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING HEIGHT. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the structure.
BUILDING LINE. A line defining the minimum front, side and rear yard requirements.
BUILDING, PRINCIPAL. A building or group of buildings in which is conducted the main or principal use of the lot on which the building or group of buildings are situated.
BULKHEAD. Synonymous with SEAWALL, meaning a structure built or constructed to protect banks and bluffs by completely separating land from water for the purpose of protecting the shore from erosion. Bulkheads act as retaining walls, keeping the earth or sand behind them from crumbling or slumping. Seawalls are primarily used to resist wave action.
CLUB. A voluntary, incorporated or unincorporated association of persons for purposes of a social, literary, or political nature, or the like. A club is not a partnership.
COMMERCIAL BOATING. Commercial use of pleasure craft or other vessels on a body of water.
COMMERCIAL MARINAS. Establishments providing water-oriented services such as yachting and rowing clubs, boat and dock rentals, storage and launching facilities, sport fishing activities, and other marina-related activities, including but not limited to fuel sales, boat and engine repair, and other retail sales. However, commercial marina facilities shall not be used to land excursion boats, sightseeing boats or ferry boats.
COMMERCIAL PORT FACILITIES. Any facility built within the water of Lake Erie for the purpose of docking ferry boats that transports passengers, property and freight, as well as excursion and sightseeing boats that transport passengers to and from the village.
DEVELOPED. The construction on a lot of any structure allowed under the Zoning Code.
DEVELOPMENT or IMPROVEMENT. Structures such as wharfs, piers, docks, marinas, breakwaters, bulkheads, groins, jetties, revetments, and fill for the purpose of creating new lands or any structure of any kind.
DOCK. Synonymous with WHARF and PIER meaning a structure built or constructed in aid of navigation and extending some distance out into the water, to which watercraft have access for the convenience of loading persons and goods.
DWELLING. Any building or structure typically consisting of living rooms, dining rooms, bedrooms, closets, kitchens, and bathrooms, used by only one family. This definition includes industrialized units but does not include manufactured homes as defined herein.
DWELLING, MULTI FAMILY. See APARTMENT HOUSE.
DWELLING, ONE FAMILY. A detached building designed for, or occupied exclusively by, one family.
DWELLING, TWO FAMILY. A detached building designed for, or converted or occupied exclusively by two families, living independently of each other.
EXCURSION AND SIGHTSEEING BOATS. The transportation of passengers to and from the village as part of a tour or cruise that is not subject to regulation by the public utilities commission.
FAMILY. One or more persons related by marriage or immediate blood relationship occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, a lodging house, club fraternity or hotel.
FENCE. A hedge, structure, or partition for the purpose of enclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two contiguous properties.
FENCE, GARDEN. A fence constructed of wire or other mesh with metal or wood posts with each post having an overall measurement of less than 4" by 4", or not greater than 16" in circumference, installed to enclose a garden area and installed along no more than one edge of the property line. Garden fences installed along two property lines (as in the corner of the lot) must be set back 10 feet from one of the property lines. Chain link fences are not considered garden fences. Garden fences require a zoning permit but no fee will be charged for this type of permit.
FENCE, SPECIAL. Fences that do not meet the definition of fence or fence, garden are considered special fences. Special fences, such as for tennis courts, that are associated with a Conditional Use, must be applied for and will be permitted under that related Conditional Use Permit. Special fences, such as for swimming pools, are defined elsewhere.
FERRY BOAT. The transportation of passengers and/or property primarily to and from the village by watercraft or motorized vessel subject to regulation by the public utilities commission.
FILL. Any material used for the primary purpose of replacing Lake Erie aquatic areas with dry land or changing the bottom elevation of Lake Erie.
FOUNDATION. In the building sense, is part of a structural system that supports and anchors the superstructure of a building and transmits its loads directly to the earth. To prevent damage from repeated freeze-thaw cycles, the bottom of the foundation must be below the frost line. Foundations are typically supported on spread footings, wide bases that support walls or piers that distribute the load over a greater area.
FRATERNITY. A body of men associated for their common interest, business or pleasure. Organizations composed of either or both sexes.
GARAGE, PRIVATE. A building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.
GARAGE, PUBLIC OR STORAGE. A building or part thereof other than a private garage for the storage of motor vehicles or boats and in which service station activities may be carried on.
GASOLINE SERVICE STATION. Any area of land, including any structure or structures thereon, that is or are used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles or boats. For the purposes of this chapter there shall also be deemed to be included in this term any area or structure used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
GROINS. Synonymous with JETTIES meaning structures built or constructed perpendicularly from the shore for the primary purpose of trapping and retaining sand. They are suitable erosion control devices where a beach is desired.
HARBOR LINE. The Village Council has established a harbor line around the entire village pursuant to R.C. § 721.04. The boundaries of said harbor line are specifically described in § 11.10 of these codified ordinances.
HEAVY EQUIPMENT. Includes, but is not limited to dump trucks, cranes, dredges, backhoes, bulldozers, and other such equipment used in the construction of a structure.
HEDGE. A fence of boundary formed by a dense row of shrubs or low trees.
HISTORICAL MOTOR VEHICLE. Any motor vehicle of the age of 25 years or more which is defined pursuant to R.C. § 4501.01 (G) and eligible for a collector's license pursuant to R.C. § 4503.45.
HOME OCCUPATION. Any use customarily conducted entirely with a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
INDUSTRIAL PORT FACILITIES. Freight loading and off-loading facilities for an industrial operation, including such facilities as docks, water intakes and outfalls, and fill to expand upland facilities or support facilities for such use.
INDUSTRIALIZED UNIT. A building unit or assembly of closed construction, fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, and that requires transportation to the site of intended use. INDUSTRIALIZED UNITS include units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a complete structural entity. INDUSTRIALIZED UNITS does not include manufactured homes as defined herein or mobile homes as defined herein. Industrialized units must be certified by the Ohio Board of Building Standards.
INOPERABLE MOTOR VEHICLE. A motor vehicle, the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power upon a public street, or from which the wheels, or engine, or transmission, or any substantial part thereof has been removed, and which lawfully may have affixed thereto an unexpired license plate.
JUNK. Old or scrap copper, brass, rope, rags, trash, batteries, paper, rubber, lumber, pipe, used building materials, roofing, old scrap iron, steel, or other ferrous or nonferrous materials which are not held for sale for remelting purposes by an establishment having facilities for processing these materials located in an appropriate business zone pursuant to this chapter.
JUNK MOTOR VEHICLE. Any motor vehicle that is: three years old or older; is extensively damaged, such damage including but not limited to missing wheels, tires, motor or transmission; apparently inoperable; and having a fair market value of $200 or less.
JUNK YARD. The use of more than 25 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of a lot that joins any street, for the storage, keeping or abandonment of junk.
LAKE SHORE. That area of land which begins at the mean low water mark and whose opposite boundary is the road right-of-way closest to the lake or 125 feet from the high water mark, whichever is less.
LITTORAL RIGHTS. The legal right of an upland property owner to the reasonable use of the waters fronting the property and the right to wharf out to navigable waters within the projected boundaries of the upland property, subject to the rights of the State of Ohio and the United States.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LODGER. An occupant who has mere use without actual or exclusive possession.
LODGING HOUSE. A house where lodgings are let; houses containing furnished apartments which are let out by the week or by the month, without meals, or with breakfast simply.
LODGING PLACE. A place for rest for a night or a residence for a time; a temporary habitation.
LOT. A parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this chapter.
LOT, CORNER. A lot at the point of intersection of an abutting two or more intersecting streets.
LOT, DEPTH OF. The mean distance from the right-of-way line of the street at the front of the lot to its opposite rear line measured in the general direction of the side lines of the lot where the right-of-way is not established. The road right-of-way shall be assumed to be 50 feet.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines defining the limits of a lot as identified on the deed for the lot on record.
LOT OF RECORD. A lot which is part of a subdivision, the plot of which has been recorded in the Office of the Recorder of Erie County, or a lot described by metes and bounds, the deed to which has been recorded in the Office of the Recorder of Erie County.
LOT, WIDTH OF. The width measured along the minimum setback line.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974", 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME PARK. Any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure, used or intended for use as a part of the facilities of such a park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park even though three or more manufactured homes are parked thereon if the roadways are dedicated to a local government authority. A manufactured home park does not include any tract of land used solely for storage or display or sale of manufactured homes or solely as a temporary park-camp.
MARINA. For purposes of state regulation, a boat basin with docks or moorings for seven or more watercraft but excluding docks or moorings appurtenant to a private residence and used only by the occupant of that residence for his nonpaying guests and also excluding boat basins located on waters where craft used are normally unsuited for installation of permanent sanitary systems. Marinas are for private use only and may not be used for any commercial purpose, other than dock rental.
MINIMUM BUILDING SETBACK LINE. A line in the back of and parallel to, the street right-of-way line, at a distance from the street right-of-way line equal to the required minimum front yard depth in the zoning district in which it is located. Where the street right-of-way line is not established it shall be assumed to be 50 feet.
MINIMUM LIVING FLOOR AREA. Living floor area shall consist of areas such as living room, bedroom, bathroom, dining room, rooms for cooking, den, library and family rooms, but shall not include areas such as screened-in porches, open porches, breezeways, terraces, garages, and basements.
MOBILE HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 feet in length or, when erected on-site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined herein or in R.C. § 3781.06(C)(4) or as an industrialized unit as defined herein or in R.C. § 3781.06(C)(3).
MODULAR HOME. A modular home is a pre-fabricated building that consist of repeated sections called modules. Modularity involves constructing sections away from the building site, then delivering them to the intended site, where installation is completed. Modular homes are held to the same local, state and regional building codes required for on-site homes. Modular homes must be certified by the Ohio Board of Building Standards (BBS).
MOORING. A place at which a watercraft, vessel or aircraft can be secured by the use of cables, ropes or anchors.
MOTEL, AUTO COURT. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient travelers and providing for accessory off-street parking facilities. The term MOTEL includes buildings designed as tourist courts, motor courts, motels and similar structures which are designed as integrated units of individual rooms under common ownership.
NATURAL SHORELINE OF LAKE ERIE. Delineated as the ordinary high water elevation of 573.4 feet International Great Lakes Datum (1985), which defines the southerly shore of Lake Erie and the boundary of navigable waters of the United States as regulated by the U.S. Department of the Army, Corps of Engineers.
NON-CONFORMING USE. A building, structure or use of land existing at the time of enactment of Ord. 1993-0-2, and which does not conform to the use regulations of the district on which it is located.
NURSING OR CONVALESCENT HOME. Any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OHIO COASTAL MANAGEMENT PROGRAM. The comprehensive action of the state and its political subdivisions to preserve, protect, develop, restore or enhance coastal area resources in accordance with established objectives, policies, standards and criteria concerning protection of the natural resources in the coastal area; management of coastal development and redevelopment; preservation and restoration of historic, cultural, and aesthetic coastal features; public access to the coastal area for recreational purposes; and as otherwise described in R.C. § 1506.01(B) and (C) and the Ohio Coastal Management Program.
OPEN SPACE. An area of land which is in its natural state or is developed only for the raising of agricultural crops, lawns or gardens, or for public outdoor recreation (exclusive of active recreational activities such as tennis courts, ball fields, playgrounds, etc.).
OUT BUILDING. See ACCESSORY STRUCTURE.
PARKING. Temporary holding of a vehicle for a period longer than required to load or unload persons or goods.
PERMANENT FOUNDATION. A permanent masonry, concrete, or a locally approved footing or foundation, to which a manufactured or mobile home may be affixed.
(R.C. § 3781.06)
PERMANENTLY SITED MANUFACTURED HOME. A manufactured home that meets all of the following criteria as identified in R.C. § 3781.06:
(1) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(2) The structure, excluding any addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments, of at least 900 square feet;
(3) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
(4) The structure was manufactured after January 1, 1995; and
(5) The structure is not located in a manufactured home park as defined by R.C. § 3733.01.
PRIVATE FACILITIES. DOCKS or STRUCTURES placed within the waters of Lake Erie for the sole use of the upland owner and for their personal benefit.
PROPERTY LINE. See LOT LINE.
QUARRYING. The removal of more than 50 cubic yards of stone for the sole purpose of sale, gift or barter.
RAFTING. The mooring of vessels or watercraft by cables or ropes to other vessels or watercraft away from the natural shoreline.
RECREATIONAL BOATING. Noncommercial use of pleasure craft on a body of water, including, but not limited to regattas and speedboat races.
RECREATIONAL VEHICLE. A vehicular portable structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational travel.
(2) It is not used for the purpose of engaging in business for profit.
(3) It is not used for the purpose of engaging in intrastate commerce.
(4) It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended.
(5) It is not regulated by the public utilities commission pursuant to R.C. Chapters 4919, 4921 or 4923.
(6) It is classed as one of the following:
(a) TRAVEL TRAILER. A non-self-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. TRAVEL TRAILER includes a tent-type fold-out camping trailer as defined in R.C. § 4517.01.
(b) MOTOR HOME. A self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(c) TRUCK CAMPER. A non-self-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. 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. 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.
(R.C. § 4501.01(Q))
RECREATIONAL VEHICLE PARK OR RECREATION CAMP. Any tract of land upon which recreational vehicles, tents, portable sleeping equipment, and similar camping equipment is used for travel, recreation, vacation, or transient dwelling purposes.
REQUIRED YARD. The unoccupied space between a front, side or rear lot line and a principal structure on the same lot.
REVETMENTS. Structures placed on banks and bluffs in such a way as to absorb energy of incoming waves. They are usually built to preserve the existing uses of the shoreline and to protect the slope. Like SEAWALLS, revetments armor and protect the land behind them.
RIGHT-OF-WAY. A general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority.
(R.C. § 4511.01)
ROOMING HOUSE. A building where lodging only is provided for compensation.
SAFETY AND NAVIGATION FACILITIES. Structures on the shore zone or lake zone whose purpose is the protection of the public health, safety and general welfare, such as navigational buoys, lighthouses, scientific monitoring devices, and radio communication devices.
SEMI-PRIVATE FACILITIES. Any facility built within the waters of Lake Erie where the upland shoreline property is held in common ownership by a residential association, or the shoreline property is commonly used by residents of a trailer park, campground, apartment complex or condominium.
SHORE DISTRICT. The area of the lake between the natural shoreline or high water mark to a distance of two miles lakeward. This applies to the entire shoreline of the island and is pursuant to the establishment of a harbor line by § 11.01.
SHORE PROTECTION STRUCTURE. A structure specifically constructed to reduce or prevent erosion of the shore. Examples include, but are not limited to, structures such as groins, jetties, seawalls, revetments, bulkheads and breakwaters.
SHORELINE. That point where the general land contour of Kelleys Island meets the water's edge of Lake Erie.
STICK BUILT. A term generally used to describe a house or structure that is wholly constructed on the site.
STORY, HEIGHT OF. The vertical distance from the top surface of one floor to the top surface of the next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.
STREET. Unless otherwise indicated street shall mean either a public or a private street.
STREET, PRIVATE. A thoroughfare which affords principal means of access to property, but which has not been dedicated to public use.
STREET, PUBLIC. A public thoroughfare which has been dedicated or deeded to the public for public use and accepted by the Village Council, and which affords principal means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
STRUCTURE. Anything constructed or erected which requires location on the ground, including signs, billboards and fences or walls used as fences.
STRUCTURE (as applied to the Shore District). Any facility lakeward of the natural shoreline, including but not limited to buildings, docks, shore protection structures, moorings and boat houses. In addition, it refers to any facility which requires fill being placed upon the submerged land of Lake Erie, including rubble mound docks, rubble mound walls, rock filled timber crib docks, rock filled timber crib walks, steel sheet pile walls, revetments, riprap shore protection, unattached breakwalks and precast concrete modular structures.
STRUCTURE, PRINCIPAL. See BUILDING, PRINCIPAL.
SWIMMING POOL, PRIVATE. Any permanent pool or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than three feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction and is not the primary purpose for their current use.
UPLAND PROPERTY. Land, whether publicly or privately owned, directly abutting the natural shoreline of Lake Erie. Owners of upland property have littoral rights to the waters fronting their property.
UTILITIES. Any utility company licensed to do business in the state by the Public Utilities Commission and village operated utilities, for such purposes as submerged cables, water intake pipes, and water outfall pipes.
WATER BORNE TRANSIT. Commercial use of a vessel rated by the U.S. Coast Guard for more than 30 passengers, where such passengers board and unboard at a single site.
WIDTH, SIDE YARD. The perpendicular distance between the established side lot line and any portion of any principal structure existing or to be constructed on said lot.
WRECKED MOTOR VEHICLE. Any motor vehicle which does not have lawfully affixed thereto an unexpired license plate, and the condition of which is wrecked, dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission, or any substantial part thereof has been removed.
YARD. An open area on a lot that lies between the permitted principal or accessory building or buildings and the nearest lot line. Such yard shall be unoccupied and unobstructed from the ground upward, except as provided otherwise in this chapter.
YARD, FRONT. A yard extending the full width of the lot along the front lot line or street right-of- way and extending from the front lot line or street right-of-way to the nearest points of the permitted principal or accessory building on the lot, exclusive of steps, overhanging eaves, chimneys, gutters or cornices. Where the street right-of-way is not established, it shall be assumed to be 50 feet. In the case of corner lots all yards abutting a street or right-of-way shall be considered to be a front yard.
YARD, REAR. A yard extending the full width of the lot along the rear lot line from the rear lot line to the nearest point of the permitted principal building or buildings on the lot exclusive of steps, chimneys, overhanging eaves, and gutters.
YARD, SIDE. An area extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
YARD DEPTH, FRONT. The perpendicular distance between street right-of-way and the nearest portion of any principal structure existing or to be constructed. Where the street right-of-way is not established it shall be assumed to be 50 feet.
YARD DEPTH, REAR. An open unoccupied space on the same lot with any principal structure between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD DEPTH, SIDE. An open unoccupied space on the same lot with any principal structure between the side lines of the building and the side lot line of the lot.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1994-O-17, passed 7-14-94; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1997-O-28, passed 8-14-97; Am. Ord. 1999-O-26, passed 6-24-99; Am. Ord. 2001-O-12, passed 4-12-01; Am. Ord. 2001-O-20, passed 5-24-01; Am. Ord. 2001-O-33, passed 7-12-01; Am. Ord. 2001-O-35, passed 7-12-01; Am. Ord. 2001-O- 58, passed 11-8-01; Am. Ord. 2002-O-4, passed 2-9-02; Am. Ord. 2004- O-22, passed 12-11-04; Am. Ord. 2005-O-29, passed 12-10-05; Am. Ord. 2016-O-19, passed 9-8-16; Am. Ord. 2021-O-27, passed 12-11-21)
§ 152.005 ESTABLISHMENT OF DISTRICTS.
For the purposes of promoting the public health, safety, morals, convenience and the general welfare of the community, the village is hereby divided into districts, as enumerated in § 152.006, each being of such number, shape, kind, and area and of such common unity of purpose, and adaptability of use that are deemed most suitable to carry out the purposes of this chapter.
(Ord. 1993-O-2, passed 3-13-93)
2005 S-12
§ 152.006 TYPE OF DISTRICTS.
(A) Primary Zoning Districts.
AG Agricultural District
R-1 Low Density Single Family Residential District
R-2 Medium Density Single Family Residential District
R-3 High Density Residential District
C-1(T) Central Business Transitional District
C-1 Central Business District
C-2(T) General Commercial Transitional District
C-2 General Commercial District
F-R Park and Recreation District
I Manufacturing, Processing and Wholesale District
Q Quarrying District
PUD Planned Unit Development District
(B) Overlay & Special Zoning Districts.
HD Historic District Overlay District
EP Environmental Protection Overlay District
AP Airport Overly District
SD Shore District
MHP Manufactured Home Park District
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-28, passed 10-21-93)
§ 152.007 ZONING DISTRICT MAP.
The revised "Zoning Districts Map of the Village of Kelleys Island, Ohio" as submitted by the Planning Commission, including the Historical and Environmental Protection Overlay Districts, be and hereby is adopted as part and parcel of this chapter. A copy of the zoning districts map is attached hereto and expressly incorporated by reference herein or is on file at the office of the Clerk of Council for inspection. Furthermore, the Mayor and the members of Council are hereby authorized and directed to execute the map as the Official Zoning Districts Map of the village. In addition, any and all previous versions of the "Zoning Districts Map of the Village of Kelleys Island, Ohio," are hereby repealed and replaced with the within map and the attachments thereto.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1993-0-13, passed 4-17-93; Am. Ord. 1999-O-50, passed 9-9-99; Am. Ord. 2002-O-25, passed 7-11-02
; Am. Ord. 2008-O-5, passed 5-8-08)
§ 152.008 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of the aforesaid districts as shown on the zoning districts map, the following rules shall apply:
(A) Where boundaries approximately follow streets, alleys, or highways. Where zoning district boundaries are indicated as approximately following the center line of alleys, or the center line of right-of- way lines of highways, such lines shall be construed to be such district boundaries.
(B) Where boundaries parallel street lines, alley lines or highway right-of-way lines. Where zoning district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or the center lines of 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 zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map.
(C) Where boundaries approximately follow lot lines. Where zoning district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.
(D) Vacation of public ways. Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated public way, and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.009 APPLICATION OF REGULATIONS.
(A) Zoning permits required. No building or other structure shall be erected, moved, demolished, added to, structurally altered, nor shall any building, structure, or land change in use without a permit therefore, issued by the Zoning Inspector in accordance with the requirements of this chapter. The term CHANGE IN USE refers to any change in the use of a structure or parcel of land. The terms BUILDINGS OR OTHER STRUCTURES are intended to include (but are not necessarily limited to): fences, swimming pools, temporary free standing signs, along with any structure considered temporary. Nor shall any house or structure included in the historical inventory be demolished without obtaining a permit.
(B) Required yards and other open spaces. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
(C) Structure in yards. No structure shall be erected in any required yard except those which are an integral part of off-street parking facilities.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.010 SUPPLEMENTARY REGULATIONS.
(A) Health Department approval required. Due to unique soil conditions and in order to protect the health and safety of area residents, all applicants for a zoning permit involving structures with sewer facilities, must show evidence that an application to the Erie County Health Department, or Ohio EPA (as the case may be in terms of jurisdiction) has been made for a sewage disposal system approval. Prior to the issuance of a zoning permit, satisfactory evidence that a proposed sewage disposal system has been approved by the Ohio EPA, or Erie County Health Department, must be shown.
(B) Minimum lot sizes. Unless otherwise specified within a particular zoning district, the minimum lot area shall be 15,000 square feet and the minimum lot width at the minimum setback line shall not be less than 100 feet.
(C) Additional yard and buffering requirements.
(1) Yard requirements and buffering between residential and commercial or park and recreational land uses. To secure a desirable transition between residential and commercial land uses, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned General Commercial (C-2), or Park and Recreational (PR), and which abut a residential or agricultural zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 100 feet. For parcels of land which are zoned Central Business (C-1), and which abut a residential or agricultural zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 25 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4½ feet and will provide an opacity of 100% in the summer and 50% in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
(2) Other yard requirements and buffering requirements. To secure a desirable transition between residential and land uses permitted in Industrial or Quarrying Zoning Districts, additional requirements shall apply to side and/or rear yards beyond those requirements specified in the zoning districts. For parcels of land which are zoned Industrial or Quarrying (I or Q), and which abut a residential zoning district, the minimum side and/or rear yards abutting such residentially zoned land shall be a minimum of 100 feet. These side and/or rear yards shall not contain any signs or parking areas of any kind, and shall have plantings of trees and/or shrubs which will have a minimum height of 4½ feet and will provide an opacity of 100% in the summer and 50% in the winter within three years. Existing vegetation shall be used to fulfill this requirement where feasible and all plant material shall be maintained in an attractive condition.
(3) Adjustments to front yard requirements. Whenever 50% or more of the lots along any one street or the lake shore have been developed prior to the adoption of Ord. 1996-O-2, the minimum front yard requirement may be reduced to an average setback for all structures located along the subject street or the lake shore within a distance of 400 feet on either side of the property in question. The structure shall be placed perpendicular to the lot lines or in a manner that is harmonious to the adjoining structures within 400 feet on either side of the subject property.
(4) Adjustments to side yard requirements for corner lots. Regardless of side setback line requirements and minimum side yard requirements set forth in other parts of this code, when a lot is located on a corner of intersecting streets, rights-of-way, or a street and the lake shore, all yards abutting a street or right-of-way shall be considered to be a front yard, and shall be required to have front yard setbacks and front yard requirements for all such yards abutting a street or right-of-way. In the event a street intersects the lake shore, the yards facing the street and the yard facing the lake shore shall be deemed to be a front yard. In any event, the remaining yards shall be deemed to be side yards and shall meet the minimum side yard setbacks.
(5) Visibility at intersections. On any corner lot in the village, no building, structure, object, fence or landscaping of any nature, except utility poles and traffic control devices, shall be erected, placed, planted or allowed to grow in such a manner as to impede vision three feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of intersection.
(6) Fences, walls and hedges.
(a) Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the sides or front edge of any front yard shall be over 4½ feet in height.
(b) In the Agricultural, Park and Recreation, and all of the Residential Zoning Districts, no fence shall be in excess of 6½ feet in height as measured from the finished grade of the lot in the rear and side yards. In the Park and Recreation and all of the Residential Zoning Districts, where a property line adjoins any Commercial, Manufacturing or Quarry Zoning District, no fence shall be in excess of eight feet in height as measured from the finished grade of the lot in the rear and side yards along that adjoining property line.
(c) Permits for garden fences that meet the definition set forth in this chapter may be issued for garden fences in excess of 6½ feet in height.
(d) Storage of materials of any sort, or the placement of buildings along the lot line does not constitute either a fence or a wall. In addition, the storage of junk, defined in § 152.004, along the lot line does not constitute either a fence or wall, and the storage thereof is expressly prohibited herein.
(e) In all Commercial and Manufacturing Zoning Districts and the Quarry Zoning District, no rear or side yard fence shall exceed eight feet in height.
(f) Residents are strongly encouraged to speak with neighbors regarding plans to build a fence prior to submitting an application for a zoning permit and shall place the finished side of the fence towards the neighboring property.
(7) Private swimming pools. No swimming pool shall be allowed in any Agricultural or Residential District except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended for the use of the occupants of the property on which the pool is located;
(b) The pool and accessory structures such as walks, paved areas, and fences shall not be located closer than 15 feet to any property line and shall be a minimum of ten feet from the principal building; and
(c) The swimming pool, or the entire property on which it is located shall be so walled or fenced so as to prevent uncontrolled access from the street or adjacent properties. Said fence or wall shall not be less than four feet in height and maintained in good condition, with a gate and lock. Such walls or fences are similarly required regardless of whether the pool is an above ground pool.
(8) Outdoor lighting. Outdoor lighting, when used for security, landscaping, or signage shall be so designed and directed so as not to adversely impact adjacent property.
(9) Accessory structures.
(a) Accessory structures (when not attached to a principal structure) shall not be located within ten feet of any property line. Additional setback requirements can be located in each zoning district and in § 152.010(C)(1) and (2).
(b) Accessory structures (when not attached to a principal structure) may not be located in an area that would place it closer to the street than the principal structure, except where the accessory structure is to be located on a lot that has more than 50 feet of frontage adjacent to Lake Erie.
(c) Where an accessory structure is attached to a principal structure in a substantial manner, such as a room having walls, permanent floor, and a roof, such accessory structure shall be considered part of the principal structure providing all the required setbacks can be met.
(d) Additional requirements for accessory structures located within the shoreline zoning district are located in §§ 152.130, et seq. The permit fee for these types of structures shall be established by Council from time to time.
(e) Accessory structures are not considered dwellings and the change from an accessory structure to living area requires a change of use permit. Accessory structures shall not be converted into living areas unless a change of use permit is obtained. In addition, an applicant proposing to change an accessory structure into living area must also obtain and provide to the zoning inspector an approval from the Erie County General Health District relative to the approval of the onsite sewage disposal system.
(10) Decks, landings and walkways. Decks, landings and walkways less than 80 square feet shall be subject to the permit provisions of §§ 152.060 through 152.067 of this chapter, and shall be subject to the basic fee for said permit. Any and all decks, landings and walkways in excess of 80 square feet shall be charged the basic permit fee plus the per foot fee as established from time to time by Council. This provision does not apply to walks or driveways on grade.
(11) No person shall develop more than 25% of the surface area of any building lot as follows: no more than 10% of a building lot shall be utilized for the principal residence, no more than 10% of the building lot shall be utilized for any outbuilding, including decks, and no more than 5% of any building lot shall be paved.
(D) Building on the lake shore. That area of land which begins at the mean low water edge and whose opposite boundary is the road right-of-way closest to the lake, shall not be used for the building of any structure which would obscure the view of the lake. If the depth of the area is such so as to permit the erection of a structure so that the highest point, chimney included, would not exceed four feet above the level of the road, such a structure, or boat house, may be erected, subject however, to the approval of the Planning Commission. The structure must be set back 3 feet from the road right-of-way, or the road surface, on the lake side of the road only. Planting of shade trees, properly trimmed and spaced are not forbidden, providing it has the approval of the Planning Commission.
(E) Building on the shore line of Lake Erie surrounding Kelleys Island where Lake Shore Drive has not been extended or where there is no road at present. Before an application for the building of a structure may be made, complete plans and survey of the property must be submitted for the approval of the Planning Commission. The setback from the high water mark will be at a minimum of 125 feet with the following exception: a structure may be built within the 125-feet setback of the high water mark if any point of the structure or outbuilding is a minimum of 125 feet from any side yard lot line.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1993-O-30, passed 10-21-93; Am. Ord. 1996-O-2, passed 3-9-96; Am. Ord. 1997-O-3, passed 1-11-97; Am. Ord. 1998-O-4, passed 1-10-98; Am. Ord. 2001-O-20, passed 5-24-01; Am. Ord. 2001-O-35, passed 7-12-01; Am. Ord. 2001-O-58, passed 11-8-01; Am. Ord. 2005-O-30, passed 12-10-05; Am. Ord. 2006-O-13, passed 7-13-06)
§ 152.011 ADVERTISING SIGNS AND STRUCTURES.
(A) For sale, rent or lease signs. Signs advertising a property for sale, rent or lease upon which the signs are located are permitted in any district, providing that such signs do not exceed 25 square feet of total display surface. Permits are not required for signs of this type.
(B) General sign requirements. Requirements for signs which identify a location or advertise goods or services related to the property upon which they are located, are specified with respect to size, type and location in each zoning district.
(C) Requirements for zoning permits. Zoning permits are required for all types of new signs as well as for any existing sign modification such as size, structural components, illumination, or location.
(D) Modification of existing signs and repair of damaged signs. Except for routine maintenance, no existing sign of any type may be modified, changed or altered in any way except in conformity with the provisions of this chapter. Whenever a nonconforming sign is damaged or partially destroyed for any reason, such that more than half of the value is lost, then such a sign may not be reconstructed and placed in the same location without being made to be in conformance with the provisions of this chapter.
(E) Provisions for optional increases in maximum sign area. Within any zoning district, the maximum allowed sign area may be increased by up to 1½ times provided that the village Design Review Board determines that the characteristics of a proposed sign are in keeping with the historic and architectural characteristics of the village. Such characteristics include the proposed type styles, colors, associated pictures or images, materials from which the sign is made, and proposed location of such sign. The Design Review Board shall prepare and make available guidelines for desired sign characteristics.
(F) Exempted signs. The following types of signs do not require a zoning permit and are exempt from these regulations:
(1) The flag, pennant or insignia of any school team, family, nation, state, city or political unit, or any duly constituted government body;
(2) Cornerstones or official historical signs;
(3) Traffic directional signs, or any sign placed in a location by a duly constituted government body;
(4) Residential identification signs under two square feet in size; and
(5) Political signs which are removed within 30 days following a given election.
(G) Prohibited signs. Trailer mounted mobile signs are prohibited in any zoning district. These signs are mounted on a trailer, and which typically have flashing lights and an interior light source which illuminates an area upon which letters and/or numbers are affixed. Additionally, any sign which is illuminated by a light source which flashes, rotates, or otherwise moves is prohibited, as are any signs which, because of glare or reflection, are found to cause a traffic hazard or nuisance.
(H) Maximum sign height. The maximum height of any free standing sign in any zoning district shall be ten feet. (Ord. 1993-0-2, passed 3-13-93)
§ 152.012 MANUFACTURED HOUSING AND ASSOCIATED FACILITIES.
(A) Manufactured home parks, recreational vehicle parks, recreation camps. Pursuant to R.C. § 3733.02, manufactured home parks, recreational vehicle parks, recreation camps and temporary park- camps are regulated with respect to specific development standards by the Ohio Department of Health. Said uses however, must be listed as a permitted use within the zoning district within which such use is proposed to be located.
(B) Placement of manufactured homes on individual lots. All manufactured homes, shall be located within manufactured home parks, except as provided in divisions (D) and (E) below.
(C) Placement of industrialized units on individual lots. All industrialized units, also known as modular, sectional or preconstructed housing units, are permitted in any zoning district which permits residential uses. Such units are to be permanently affixed to the land upon which they are located.
(D) Sales, display and storage of manufactured homes, industrialized units, recreational vehicles, and portable camping units. All sales, display and storage of manufactured homes, industrialized units, recreational vehicles and portable camping units are deemed commercial uses and shall be located in appropriate commercial zoning districts.
(E) Temporary use of a manufactured home unit. A manufactured home may be used as a temporary office or building incidental to construction of a building or development on the premises on which the manufactured home is located, only during the time that the construction or development is actively underway, and for a period not to exceed 18 months. Such starting date shall be determined with the issuance date of a building permit for the permanent structure. The manufactured home may only be used as sleeping quarters if it has a self-contained sanitary system or is attached to a sewage disposal system as approved by the Erie County General Health District.
(F) Replacement of manufactured homes. Any lawfully existing manufactured home on an individual lot, and outside of an established manufactured home park, may not be replaced with another manufactured home. (Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1994-O-25, passed 11-10-94)
§ 152.013 JUNK YARDS, JUNK MOTOR VEHICLE STORAGE AND INOPERABLE MOTOR VEHICLE STORAGE.
Junk yards, as defined in § 152.004, are not permitted in any zoning district. Junk motor vehicle storage and inoperable motor vehicle storage are also not permitted within any zoning district. Vehicles meeting the definition of a historical motor vehicle are not included in the same category as junk or inoperable vehicles. (Ord. 1993-0-2, passed 3-13-93)
§ 152.014 HOME OCCUPATIONS.
Where allowed in individual zoning districts where residences are permitted, a home occupation may be allowed provided that the following conditions are met:
(A) No more than two people are employed in the home occupation other than residents of the home;
(B) The space devoted to the home occupation shall not exceed 33% of the total floor area of the residence, nor shall it occupy more than 50% of a garage or similar accessory building; and
(C) There shall be no external evidence of the home occupation, except for a single non-illuminated sign made of materials other than plastic, affixed to the residence or accessory building of no more than ten square feet in total sign area.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.015 BED AND BREAKFAST ESTABLISHMENTS.
(A) Where allowed as a permitted or conditional use, bed and breakfast establishments must meet the following requirements as determined by the Planning Commission:
(1) No more than two people are employed in the bed and breakfast who are not residents of the home. In addition, the owners or managers of the bed and breakfast establishment shall be living on the premises when there are guests staying at the establishment;
(2) Bed and breakfast establishments may have accommodations for no more than four guest rooms. The Planning Commission may limit the number of guest rooms based upon compliance with the setback regulations for the zoning district in which the bed and breakfast is located, as well as the distance between neighboring occupied structures. If there is less than 50 feet between the bed and breakfast establishment and a neighboring occupied structure, the Planning Commission may limit the number of guest rooms to two;
(3) There shall be no external evidence of the bed and breakfast except for a single non- illuminated sign, made of materials other than plastic, affixed to the residence which has no more than ten square feet of total sign area. Sign placement may be in a location other than as affixed to the residence provided that the Board of Zoning Appeals finds that such an alternative sign placement will not be detrimental to the neighborhood;
(4) There shall be one parking space per guest room permitted by the Planning Commission. In addition, there shall be two parking spaces for the owner or management of the bed and breakfast establishment. All parking spaces shall be located in the rear of the bed and breakfast establishment. In any event, there shall not be any parking spaces in the front of any bed and breakfast establishment.
(5) Smoke detectors shall be installed inside each sleeping area or as otherwise designated by the Fire Chief; and
(6) No permit shall be issued for a bed and breakfast until the Planning Commission has received confirmation from the applicant that the Ohio Environmental Protection Agency has approved the on-site sewage system.
(B) Bed and breakfast establishments are to be annually inspected to verify compliance with the conditions described above, as well as any additional requirements placed on a particular property by the Planning Commission as a result of the conditional use approval.
(C) Bed and breakfast establishments which exceed two non-resident employees, or four guests rooms, are herein classified as hotels or motels.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1999-O-34, passed 7-22-99)
§ 152.016 PARKING AREA SITE PLAN REVIEW.
(A) Whenever a new parking area containing five or more parking spaces, is constructed in conjunction with a new commercial structure, or as a result of a modification of an existing commercial structure, then a site plan shall be submitted to the Planning Commission for review prior to approval of a zoning permit.
(B) Site plan contents. A site plan shall consist of a scale drawing showing the location of all existing and/or proposed buildings, including building heights and setbacks. Proposed traffic circulation shall be shown, including all parking area entrances and exits, and parking spaces. Parking area landscaping shall also be shown in detail including a description of proposed plant materials, and such landscaping shall be designed so as to enhance and complement the appearance of the parking area. Other traffic and parking features such as signage and lighting shall also be shown as well as any proposed drainage improvements. A scale drawing of all existing driveways and all parking areas located on all adjacent lots (including those across the street) shall also be provided to illustrate area traffic movement. This site plan shall also contain a place for the signature of the Chairperson of the Planning Commission to indicate approval of the site plan in accordance with the requirements of this division.
(C) Plan review. Within 31 days following the submission of a site plan which the Zoning Inspector has found to be complete with respect to the requirements herein, the Planning Commission shall hold a public meeting to consider such plan, and act to approve, disapprove or modify such plan. In conducting its review, the Planning Commission shall consider issues such as traffic safety, pedestrian movement, convenience of access, impacts on adjacent land uses, and general public safety and welfare issues, and determine that the standards described in § 152.048(C) are complied with. The Planning Commission, may if circumstances warrant, further limit the number of driveways into or out of a development to maintain better traffic flow on the public street, require additional buffering, or yard requirements, to maintain a better separation of pedestrian and traffic movement, and may require greater building setbacks to achieve more desirable and safer pedestrian and traffic movement. As a condition of approval, the Planning Commission may, as circumstances warrant, require a bond or letter of credit to guarantee completion of the improvements as shown on the site plan. Alternatively, the occupancy permit(s) for a new building may not be granted until all improvements shown on a site plan are made.
§ 152.017 EXCAVATION.
(A) In areas outside a (Q) Quarrying zoning district, whenever any blasting is involved in the excavation of any type of bedrock, or whenever the excavation of more than 50 cubic yards of sand, gravel, rock, or soil is involved as part of a building construction project, multi-structure development project, or a non-structural improvement such as pond construction, a landscaping project, or marina construction, an excavation permit shall first be obtained, in addition to any other zoning permits required in this chapter. This 50 cubic yard limitation refers to an annual amount of excavated material being removed from a single property (whether on a single lot or parcel, or two or more contiguous lots or parcels). To obtain an excavation permit, an excavation plan shall be prepared and submitted along with a bond or other acceptable from of financial guarantee to the village before such work may begin. The plan submitted shall illustrate the area to be excavated, the time frames for such excavation, and plans for the restoration of the property. All non-construction areas excavated and not to be built on, shall be restored to provide a vegetated slope that does not exceed one foot vertical for every three feet horizontal. The amount of the bond or other financial guarantee to the village shall be $500 unless a greater amount is specified by the Zoning Inspector as a result of unusual circumstances.
(B) Within areas which are zoned (Q) Quarrying, excavation activity is regulated in accordance with the standards prescribed therein, and state statutes as applicable.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.018 AIRPORT ZONING RESTRICTIONS.
Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zoning district in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.019 AMENDMENTS.
(A) The Village Council may, from time to time, amend by ordinance the number, shape or area of districts established on the zoning map or regulations set forth in this chapter; but no such amendment shall become effective unless the ordinance proposing the amendment shall first be submitted in writing by the Clerk of Council to the Village Planning Commission for approval, disapproval or recommended modifications and the Commission shall have been allowed a reasonable time, not less than 30 days, and not more than 45 days, for consideration and report. The Council shall hold a public hearing before the adoption of the proposed amendment. Any person or persons desiring an amendment of the zoning map shall accompany the petition for such amendment of the ordinance introduced for this purpose, with a statement giving the names and addresses of the owners of all properties within 500 feet of any part of the property, the zoning of which would be changed by the proposed amendment if enacted. At least 30 days notice of such amendment, and of the time and place of the hearing thereon shall be given to such owners. The notice shall include a statement that opportunity will be afforded to any person interested to be heard. All applications for a zoning change shall include:
(1) Evidence that the existing zoning ordinance is unreasonable with respect to the particular property, and it deprives the property owner of his lawful and reasonable use of the land; and/or
(2) Evidence that the proposed amendment would materialize in an equal or better zoning ordinance than that existing.
(3) For purposes of this chapter, a limitation upon financial gain from the land in question shall not constitute unreasonable zoning.
(B) Any person or persons desiring an amendment of the zoning map shall pay all costs incurred by the Planning Commission and the village in connection with the application for amendment including, but not limited to legal fees, costs of notices, advertising, and secretarial charges. As described in § 152.066, any application for amendment shall be accompanied by a non-refundable deposit in an amount specified by the village in a Council Resolution to cover such costs.
(C) Any person or persons desiring an amendment of the zoning map or text of the zoning ordinance whose application is denied by Village Council and fails to exhaust any other legal remedies that may be available to that person or persons, shall be barred from making application for the same amendment for the period of one year, unless the application contains substantial changes in the use of the real property at issue and/or the scope of the proposed amendment.
(Ord. 1993-0-2, passed 3-13-93; Am. Ord. 1994-O-17, passed 7-14-94)
§ 152.020 VALIDITY AND SEPARABILITY.
It is hereby declared to be the legislative intent that, if any provision or provisions of this chapter, or the application thereof to any zoning lot, building or other structure, or tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or it be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building or other structure, or tract of land immediately involved in the controversy. All other provisions of this chapter shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.021 REPEALER.
All existing zoning ordinances of the village are hereby repealed.
(Ord. 1993-0-2, passed 3-13-93)
§ 152.022 MASTER PLAN.
The Kelleys Island Master Plan as approved by the Planning Commission of the village is hereby approved, a copy of which is incorporated herein as if fully rewritten and is on file for review with the Clerk-Treasurer.
(Ord. 2003-O-24, passed 12-13-03)