Lewisburg City Zoning Code
TITLE THREE
Zoning Administration
1115.01 LONG TITLE.
The long title of this Zoning Ordinance shall read as follows:
"An ordinance to provide for the comprehensive zoning of Lewisburg, Ohio; establishing use districts, encouraging, regulating and restricting therein the location, construction, reconstruction, alteration and use of structures and land, providing for off-street parking, regulating signs; authorizing conditional zoning certificates; controlling nonconforming uses, establishing a zoning districts map, providing for the administration of this ordinance, defining the powers and duties of the administrative office as provided hereafter, establishing a Board of Zoning Appeals; and prescribing penalties for the violation of the provisions in this ordinance or any amendment thereto".
(Ord. 82-1. Passed 2-16-82.)
1115.02 SHORT TITLE.
This Zoning Ordinance shall be known as the "Zoning Ordinance of Lewisburg, Ohio".
(Ord. 82-1. Passed 2-16-82.)
1115.03 AUTHORIZATION.
This Zoning Ordinance is authorized by the provisions of Ohio R.C. Chapter 713.
(Ord. 82-1. Passed 2-16-82.)
1115.04 PURPOSE.
(a) This Zoning Ordinance is adopted with the purpose of promoting and protecting the public health, safety, comfort, convenience and general welfare of the people. The fulfillment of this purpose is to be accomplished by seeking:
(1) To encourage and facilitate orderly, efficient and appropriate growth and development.
(2) To establish population densities to prevent or reduce congestion and to secure economy in the cost of providing water supply and sewerage systems, streets and highways, fire and police protection, schools, parks and recreation facilities, and other governmental services.
(3) To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.
(4) To protect residential, business, commercial and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.
(5) To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood damage.
(6) To foster a more rational pattern of relationship between residential, business, commercial and manufacturing uses for the mutual benefit of all.
(b) The standards and requirements contained in this Zoning Ordinance, and the district mapping reflected on the Zoning Map are intended to further the implementation of the objectives of the Land Use Plan for the Village as well as protect all desirable existing structures and uses.
(Ord. 82-1. Passed 2-16-82.)
1115.05 INTERPRETATION.
(a) Interpretation of Provisions. In the interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Whenever the requirements of this Zoning Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.
(b) Validity and Separability. It is hereby declared to be the legislative intent that, if any provisions of this Ordinance, 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 to 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 sections to be invalid or ineffective to the zoning lot, building or other structure, or tract of land immediately involved in the controversy. All other provisions of this Zoning Ordinance shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected.
(c) Repeal of Conflicting Ordinance. All ordinances or parts of ordinances in conflict with this Zoning Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.
(Ord. 82-1. Passed 2-16-82.)
1117.01 INTERPRETATION OF TERMS OR WORDS.
For the purpose of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:
(a) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(b) The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
(c) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.
(d) The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."
(e) The word "lot" includes the words "plot" or "parcel."
(Ord. 82-1. Passed 2-16-82.)
1117.02 DEFINITIONS.
(1) "Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(2) "Agriculture" means the use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary uses for packing, treating or storing the produce, provided, however, that:
A. The operation of any such accessory uses shall be secondary to that of normal agriculture activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(3) "Airport" means any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary building, and open spaces.
(4) "Alley" See Thoroughfare.
(5) "Alteration, structural" means any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(6) "Automotive repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
(7) "Automotive, mobile home, travel trailer, and farm implement sales" means the sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of same, to be displayed and sold on the premises.
(8) "Automotive wrecking" means the dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(9) "Basement" means a story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
(See definition of "Story.")
(10) "Building" means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property.
(11) "Building accessory" means a subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(12) "Building height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
(13) "Building line" See Setback Line.
(14) "Building, principal" means a building in which is conducted the main or principal use of the lot on which such building is situated.
(15) "Business, convenience" means commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carryouts, dry cleaning and laundry pickup facilities, and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day to day need in the neighborhood.
(16) "Business, general" means commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day to day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.
(17) "Business, highway" means commercial uses which generally require location on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.
(18) "Business, office type" means quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.
(19) "Business services" means any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and business.
(20) "Business, wholesale" means business eatablishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
(21) "Cemetery" means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(22) "Channel" means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(23) "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 provided with board or room or kept overnight on the premises.
(24) "Club" means a building or portion thereof or premises owned or operated by a person for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.
(25) "Commercial entertainment facilities" means any profit making activity which is generally related to the entertainment field, such as motion picture theatres, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
(26) "Community oriented residential social service facilities" means a facility which provides resident services to a group of individuals of whom one or more are unrelated. These individuals are mentally retarded, handicapped, aged, or disabled, are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed, supervised or under contract by any Federal, State, County or other political subdivision. Community Oriented Residential Social Service Facilities (Residential Homes) include the following listed categories:
A. Residential facilities are homes or facilities in which a person with a developmental disability resides, except a home subject to Ohio R.C. 3721 or the home of a relative or legal guardian in which a person with a developmental disability resides. ("Developmental disability" means a disability that originated before the attainment of eighteen years of age and can be expected to continue indefinitely; constitutes a substantial handicap to the person's ability to function normally in society; and is attributable to mental retardation, cerebal palsy, epilipsy, autism, or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and service.)
1. Family Homes are residential facilities that provide room and board, personal care, rehabilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.
2. Group Homes are residential facilities that provide the services of Family Homes for at least nine but not more than sixteen persons with developmental disabilities.
B. Social Care Homes are residential homes for children or adolescents who lack social maturity or have emotional problems but who have not been or judged delinquent. Residency may be permanent or transient.
C. Intermediate Care Homes are residential homes for children or adolescents who have been assigned by a court to a residential home in lieu of placement in a correctional institutions.
D. Halfway Houses are residential homes for adolescents or adults who have been institutionalized and released or who have had alcohol or drug problems which make operation is society difficult and who require the protection of a group setting.
(27) "Day" means an ordinary calendar day exclusive of Saturdays, Sundays and all legal holidays established by the State or the government of the United States of America.
(28) "Dwelling unit" means space, within a dwelling, 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.
(29) "Dwelling, Single-Family" means a dwelling consisting of a single dwelling unit only separated from other dwelling units by open space.
(30) "Dwelling, Two-Family" means a dwelling 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.
(31) "Dwelling, Multi-Family" means a dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
(32) "Dwelling, industrialized unit" means an assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.
(33) "Dwelling, rooming house (boarding house, lodging house, dormitory" means a dwelling part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(34) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of this property.
(35) "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, or underground gas, electrical, steam or water transmission, or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(36) "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.
(37) "Farm vacation enterprises (profit or non-profit)" means farms adapted for use as vacation farms, picnicking and sport areas, fishing waters, camping, scenery and nature recreation areas; hunting areas; hunting preserves and water-shed projects.
(38) "Flood Plain" means that land, including the flood fringe and the floodway, subject to inundation by the regional flood.
(39) "Flood, regional" means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100 year recurrence interval flood.
(40) "Floodway" means that portion of the flood plain, including the channel, which is reasonably required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
(41) "Floodway fringe" means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
(42) "Floor area of a residential building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
(43) "Floor area of a non-residential building (to be used in calculating parking requirements)" 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.
(44) "Floor area, usable" Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(45) "Food processing" means the preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
(46) "Garage, private" means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:
A. Not more than one space is rented for parking to persons not resident on the premises;
B. Not more than one commercial vehicle or dwelling unit is parked or stored;
C. The commercial vehicle permitted does not exceed two tons capacity.
(47) "Garage, public" means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for renumeration.
(48) "Garage, service station" means buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
A. Sales and service of spark plugs, batteries, and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors, and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing, and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps, and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes.
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tabacco and similar convenience goods for service, station customers, as accessory and incidental to principle operations;
L. Provisions of road maps and other information material to customers, provisions of restroom facilities;
M. Warranty maintenance and safety inspections.
Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operation condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
(See definition of "Automotive Wrecking.")
(49) "Home occupation" means an occupation conducted in a dwelling unit, provided that:
A. No more than one person other than members of the family residing on the premises shall be engaged in such occupation;
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet, nonilluminated, and mounted flat against the wall of the principal building;
D. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in the Zoning Ordinance, and shall not be located in a required front yard;
E. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
(50) "Hotel or motel and apartment hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined.
(51) "Institution" means a building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional service.
(52) "Junk building, junk shops, junk yards" means any land, property, structure, building, or combination of the same, on which junk is stored or processed.
(53) "Kennel" means any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, or sold and which offers provisions for minor medical treatment.
(54) "Loading space, off-street" 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 in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right of way.
(55) "Location map" See Vicinity Map.
(56) "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 are herein required. Such lots shall have frontage on an improved public street, or on 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 of portions of lots of record.
(57) "Lot coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(58) "Lot frontage" Front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section.
(59) "Lot, minimum area of" means the area of a lot computed exclusively of any portion of the right of way of any public or private street.
(60) "Lot measurement" A lot shall be measured as follows:
A. Depth: The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear.
B. Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(61) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(62) "Lot types" means terminology used in the Zoning Ordinance with reference to corner lots, interior lots and through lots as follows:
A. Corner lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
B. Interior lot: A lot with only one frontage on a street.
C. Through lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D. Reversed frontage lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(63) "Major Thoroughfare Plan" means the portion of the comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.
(64) "Maintenance and Storage Facilities" means land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
(65) "Manufacturing, heavy" means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
(66) "Manufacturing, light" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
(67) "Manufacturing, extractive" means any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resources.
(Ord. 82-1. Passed 2-16-82.)
(68) “Manufactured home” means any non-selfpropelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty feet. Included are all forms of chattel housing with a title document recordable with the County Clerk of Courts. Trailers, house trailers, mobile homes, modular homes, sectional homes, single-wides, double-wides, and manufactured homes are all included in this definition.
(69) “Manufactured home park” means any site, or tract of land under single ownership, upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(Ord. 1996-22. Passed 12-26-96.)
(70) "Nonconformities" means a building, structure or use of land existing at the time of enactment of the Zoning Ordinance, and which does not conform to the regulations of the district or zone in which it is situated.
(71) "Nursery, nursing home" means a home or facility for the care and treatment of babies, children, pensioners, or elderly people.
(72) "Nursery, plant materials" means land, a 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.
(73) "Open space" means an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(74) "Parking space, off-street" 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.
(75) "Performance bond or surety bond" means an agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(76) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
(77) "Planned Unit Development" means an area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, then those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(78) "Professional Activities" means the use of offices and related spaces for such professional services provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
(79) "Public service facility" means the erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
(80) "Public uses" means public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(81) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(82) "Quasipublic use" means churches, sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(83) "Recreation camp" means an area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(84) "Recreation facilities" means public or private facilities that may be classified as either "extensive" or "intensive" depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, and bowling alleys.
(85) "Research activities" means research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of the building.
(86) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural and related products.
(87) "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.
(88) "Seat" For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four lineal inches of benches, pews, or space for loose chairs.
(89) "Setback line" means a line established by the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in the Zoning Ordinance.
(See definition of "Yard")
(90) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
(91) "Sewers, on-site" 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 health and sanitation officals having jurisdiction.
(92) "Sidewalk" means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
(93) "Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located.
A. Sign, On-Premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such a sign is located.
B. Sign, Off-Premises: Any sign unrelated to a commodity or service sold or offered upon the premises where such sign is located.
C. Sign, Illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
D. Sign, Light Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
E. Sign, Projecting: Any sign which projects from the exterior of a building.
(94) "Story" means that part of a building between the surface of a floor and the ceiling immediately above.
(See definition of "Basement")
(95) "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, and billboards.
(96) "Supply yards" means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(97) "Swimming pool" means a pool, pond, lake, or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
A. Private: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
B. Community: Operated with a charge for admission; a primary use.
(98) "Thoroughfare, street or road" means the full width between property lines bounding every public way or whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous basis.
C. Collector Street: 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: A local street of relatively short length with one end open to traffic and the other end terminating a vehicular turnaround.
E. Dead-end Street: A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
F. Local Street: A street primarily for providing access to residential or other abutting property.
G. Loop Street: A type of local street, with end 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 1000 feet from arterial or collector street, nor normally more than 600 feet from each other.
H. Marginal Access Street: 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. (Also called Frontage Street.)
(99) "Through lot" See Lot Types.
(100) "Transportation, Director of" means the Director of the Ohio Department of Transportation.
(100) "Use" means the specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(102) "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.
(103) "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. It may also include boarding that is incidental to the primary activity.
(104) "Vicinity map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(105) "Walkway" means a public way four feet or more in width, for pedestrian use only whether along the side of a road or not.
(106) "Yard" means a required open space other than a court unoccupied and unobstructed by a structure or portion of a 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 obstructions of visibility.
A. Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal.
C. Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front rear yards.
(107) "Zoning permit" 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.
(Ord. 82-1. Passed 2-16-82.)
1119.01 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, structurally altered nor shall any building, structure, or land be established or changed in use without a permit therefore, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of the Zoning Ordinance unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal, conditional use, or variance or from Council approving a Planned Unit Development District, as provided by the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)
1119.02 CONTENTS OF APPLICATION.
The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may revoke if work has not begun within one year or substantially completed within two and one-half years. At a minimum, the application shall contain the following information:
(a) Name, address, and phone number of applicant;
(b) Legal description of property.
(c) Existing use;
(d) Proposed use;
(e) Zoning district;
(f) Plans in triplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alterations;
(g) Building heights;
(h) Number of off-street parking spaces or loading berths;
(i) Number of dwelling units;
(j) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of the Zoning Ordinance.
(See application form in Appendix)
(Ord. 82-1. Passed 2-16-82.)
1119.03 APPROVAL.
Within thirty days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of the Zoning Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector shall have marked such copy either as approved and attested to same by his signature on such copy. One copy of the plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, atesting to the fact that the use or alteration is in conformance with the provisions of the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)
1119.04 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail to the Director of Transportation that he shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Inspector that he will proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the 120 day period of any extension thereof agreed upon the Director of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of the Zoning Ordinance issue the zoning permit.
(Ord. 82-1. Passed 2-16-82.)
1119.05 EXPIRATION.
(a) If the work described in any zoning permit has not begun within one year from the date of issuance thereof, such permit shall expire; it shall be revoked by the Zoning Inspector; and written notice thereof shall be given to the persons affected.
(b) If the work described in any zoning permit has not been substantially completed within two and one half years of the date of issuance thereof, the permit shall expire and be revoked by the Zoning Inspector and written notice thereof, shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(Ord. 82-1. Passed 2-16-82.)
1119.06 CERTIFICATE OF OCCUPANCY.
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 Occupancy shall have been issued thereof by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of the Zoning Ordinance.
(a) Application for Occupancy Certificate. Every application for a building permit or zoning permit shall be deemed to be an application for an Occupancy Certificate. Every application for an occupancy certificate for a new use of land when no building permit is required shall be made directly to the Zoning Inspector.
(b) Issuance of Occupancy Certificate. The Occupancy Certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than fourteen days after the Zoning Inspector is notified in writing that the building or premises are ready for occupancy.
(Ord. 82-1. Passed 2-16-82.)
1119.07 TEMPORARY CERTIFICATE OF OCCUPANCY.
A temporary Certificate of Occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion.
(Ord. 82-1. Passed 2-16-82.)
1119.08 RECORDS.
The Zoning Inspector shall maintain a record of all zoning permits and Certificates of Occupancy and copies shall be furnished upon request to any person.
(Ord. 82-1. Passed 2-16-82.)
1119.09 FAILURE TO OBTAIN.
Failure to obtain a zoning permit or Certificate of Occupancy shall be a violation of the Zoning Ordinance and punishable under Section 1119.99.
(Ord. 82-1. Passed 2-16-82.)
1119.10 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved 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 construction. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this ordinance, and punishable as provided in Section 1119.99.
(Ord. 82-1. Passed 2-16-82.)
1119.11 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of the Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take action thereon as provided by the Zoning Ordinance.
(Ord. 82-1. Passed 2-16-82.)
1119.12 SCHEDULE OF FEES, CHARGES, AND EXPENSES.
The following schedule has been adopted to cover the cost to the Village of investigations, inspections, legal advertising, postage and other expenses resulting from the administration of the respective zoning items. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(a) Amendments and Conditional Uses.
(1) Any application for an amendment to the text of the Zoning Ordinance shall be accompanied by a fee of fifty dollars ($50.00).
(2) Any application for an amendment to the zoning map or for a conditional use, including planned developments, shall be accompanied by a fee in accordance with the following schedule:
FEE SCHEDULE
Over 0 up to and including | .5 acres | $50.00 | |
Over | .5 up to and including | 1.0 acres | 60.00 |
Over | 1.0 up to and including | 3.0 acres | 80.00 |
Over | 3.0 up and including | 5.0 acres | 150.00 |
Over | 5.0 up to and including | 10.0 acres | 190.00 |
Over | 10.0 up and including | 15.0 acres | 225.00 |
Over | 15.0 | acres | 300.00 |
(3) There shall be no fee, however, in the case of applications filed in the public interest by the Village or any Village official.
(b) Appeals and Variances. Any application for an appeal or a variance shall be accompanied by a fee of fifty dollars ($50.00). There shall be no fee, however, in the case of applications filed in the public interest by the Village or any Village official. (Ord. 2006-02. Passed 1-19-06.)
1119.99 PENALTY.
(a) Violation of the provisions of the Zoning Ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of the Zoning Ordinance, shall constitute a misdemeanor. Any person who violates the Zoning Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty days, or both, and in addition shall pay all costs and expenses involved in the case.
(b) Each day such violation continues after receipt of a violation notice, shall be considered a separate offense.
(c) The owner or tenant of any building, structure, premises, or part thereof, any architect, building, contractor, agent, or other person who commits, participates in, or assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(d) Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 82-1. Passed 2-16-82.)
1121.01 GENERAL.
Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classifications of property.
(Ord. 82-1. Passed 2-16-82.)
1121.02 INITIATION OF ZONING AMENDMENTS.
Amendments of the Zoning Ordinance may be initiated in one of the following ways:
(a) By adoption of a motion by the Planning Commission;
(b) By adoption of a resolution by Council;
(c) By the filing of an application by at least one owner or lessee of property within the area proposed to be changed or affected by the amendment.
(Ord. 82-1. Passed 2-16-82.)
1121.03 CONTENTS OF APPLICATION.
Applications for amendments to the Official Zoning Map shall contain at least the following information:
(a) Name, address, and phone number of applicant;
(b) Present use;
(c) Present zoning district;
(d) Proposed use;
(e) Proposed zoning disrict;
(f) A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require;
(g) A list of all property owners and their mailing addresses who are within, or within 200 feet from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;
(h) Response to all pertinent questions contained within the application form (see Appendix for example);
(i) A fee as established by Village Council according to Section 1119.12.
Applications for amendments proposing to amend, supplement, change, or repeal portions of the Zoning Ordinance, other than the Official Zoning Map shall include, in addition to the proposed amending ordinance, approved as to form by the Village Legal Advisor, subsections (a), (b), (h) and (i) listed above.
(Ord. 82-1. Passed 2-16-82.)
1121.04 TRANSMITTAL TO PLANNING 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, the resolution or application shall be transmitted to the Commission.
(Ord. 82-1. Passed 2-16-82.)
1121.05 SUBMISSION TO DIRECTOR OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that he shall proceed to acquire land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extention thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(Ord. 82-1. Passed 2-16-82)
1121.06 RECOMMENDATION BY PLANNING COMMISSION.
Within thirty-five days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied.
(Ord. 82-1. Passed 2-16-82.)
1121.07 PUBLIC HEARING BY COUNCIL.
Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Such hearing shall be not more than forty days from the receipt of the recommendation from the Planning Commission.
(Ord. 82-1. Passed 2-16-82.)
1121.08 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Notice of the public hearing required in Section 1121.07 shall be given by Council by at least one publication in one or more newspapers of general circulation in the Village. Such notice shall be published at least thirty days before the date of the required hearing. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 82-1. Passed 2-16-82.)
1121.09 NOTICE TO PROPERTY OWNERS BY COUNCIL.
If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, return receipt requested, at least twenty days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1121.08.
(Ord. 82-1. Passed 2-16-82.)
1121.10 ACTION BY COUNCIL.
Within thirty days after the public hearing required by Section 1121.07, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof.
(Ord. 1983-18. Passed 12-30-83.)
1121.11 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days after the passage of the ordinance there is presented to the Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit the zoning amendment to the electors of the Village for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect.
(Ord. 82-1. Passed 2-16-82.)
1121.12 ANNEXATION.
All land annexed to the Village subsequent to the adoption of the Zoning Ordinance shall remain subject to the previous County or Township zoning district until such time as the Official Zoning Map is amended according to the provisions of this chapter.
(Ord. 82-1. Passed 2-16-82.)
1123.01 GENERAL.
1123.02 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved or by any officer of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(Ord. 82-1. Passed 2-16-82.)
1123.03 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court or record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 82-1. Passed 2-16-82.)
1123.04 VARIANCES.
The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of the Zoning Ordinance would result in unnecessary hardship.
(a) Application and Standards for Variances. The Zoning Board of Appeals shall not vary the regulations of the Zoning Ordinance, as authorized in this section, unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property;
(3) Description of nature or variance requested;
(4) Narrative statements which demonstrate to the satisfaction of the Board of Zoning Appeals that the variance conforms to the following standards:
A. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;
B. The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.
C. The purpose of the variance is not based exclusively upon desire to increase financial gain;
D. The alleged difficulty or hardship is caused by the Zoning Ordinance and has not been created by any persons presently having an interest in the property;
E. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
F. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
G. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Zoning Ordinance.
(b) Authorized Variances. Variances from the regulations of the Zoning Ordinance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which supports conclusions that the standards and conditions imposed in subsection (a) hereof have been met by the applicant. Variances may be granted as guided by the following:
(1) To permit any yard or setback less than a yard or a setback required by the applicable regulations;
(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but generally the respective area and width of the lot or lots should not be less than eighty percent (80%) of the required area and width;
(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(4) To reduce the applicable off-street parking or loading facilities required by generally not more than one parking space or loading space, or twenty-five percent (25%) of the required facilities, whichever number is greater;
(5) To allow the deferment of required parking facilities for a reasonable period of time, such period of time to be specified in the variance;
(6) To increase the maximum distance that required parking spaces are permitted to be located from the use served but generally not more than forty percent (40%);
(7) To increase the maximum allowable size or area of signs on a lot but generally by not more than twenty-five percent (25%);
(8) To increase the maximum gross floor area of any use so limited by the applicable regulations but generally not more than twenty-five percent (25%);
(9) To modify the supplemental yard and height regulations found in Chapter 1159.
No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than twelve months from the date of such order unless the building permit or zoning approval is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
(Ord. 82-1. Passed 2-16-82.)
1123.05 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of the Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Ordinance in such district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of the Zoning Ordiance and punishable under Section 1119.99.
(Ord. 82-1. Passed 2-16-82.)
1123.06 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hold a public hearing within twenty days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(Ord. 82-1. Passed 2-16-82.)
1123.07 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in Section 1123.06 notice of such hearing shall be given in one or more newspapers of general circulation of the Village at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 82-1. Passed 2-16-82.)
1123.08 NOTICE TO PARTIES IN INTEREST.
Before holding the public hearing required in Section 1123.06, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1123.07.
(Ord. 82-1. Passed 2-16-82.)
1123.09 ACTION BY BOARD OF ZONING APPEALS.
Within thirty days after the public hearing required in Section 1123.06 the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1123.05 or disapprove the request for appeal or variance. The Board of Zoning Appeals 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 land, building or structure. Appeals from Board decisions shall be made in the manner specified in Section 1125.08.
(Ord. 82-1. Passed 2-16-82.)
1125.01 OFFICE OF ZONING INSPECTOR CREATED.
A Director of Zoning also to be known as Zoning Inspector appointed by the Council shall administer and enforce the Zoning Ordinance. The term of the Zoning Inspector shall be at the will of and pleasure of the Council.
(Ord. 2007-03. Passed 2-2-07.)
1125.02 DUTIES OF ZONING INSPECTOR.
For the purpose of the Zoning Ordinance, the Zoning Inspector shall have the following duties:
(a) Upon finding that any of the provisions of the Zoning Ordinance are being violated, he shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
(b) Order discontinuance of illegal uses of land, buildings, or structures;
(c) Order removal of illegal buildings or structures or illegal additions or structural alterations;
(d) Order discontinuance of any illegal work being done;
(e) Take any other action authorized by the Zoning Ordinance to ensure compliance with or to prevent violation(s) of the Zoning Ordinance. This may include the issuance of and action on zoning and certificate of occupancy permits and such similar administrative duties as are permissible under the law.
(Ord. 82-1. Passed 2-16-82.)
1125.03 PLANNING COMMISSION.
A Planning Commission is hereby separately recreated and shall organize and function in accordance with the Village Charter (effective January 1, 2007). Said Planning Commission is hereby split away from the Board of Zoning Appeals and shall hereafter operate separately. The Planning Commission shall hold its regular meetings on the third Thursday of every January, April, July and October at 5:30 p.m. Wherever the term Planning Commission is used under existing ordinances, it shall transfer to mean the Planning Commission which is herein separately recreated. (Ord. 2020-12. Passed 10-15-20.)
1125.04 RESPONSIBILITIES OF PLANNING COMMISSION.
For the purpose of the Zoning Ordinance, the Commission shall have the following duties:
(a) Initiate proposed amendments to the Zoning Ordinance;
(b) Review all proposed amendments to the Zoning Ordinance and make recommendations to Council, as specified in Chapter 1121;
(c) Review all planned unit developments and make recommendations to the Village Council as provided in Chapter 1159.
(Ord. 82-1. Passed 2-16-82.)
1125.05 BOARD OF ZONING APPEALS.
A Board of Zoning Appeals is hereby separately recreated and shall organize and function in accordance with the Village Charter (effective January 1, 2007). Said Board of Zoning Appeals is herein split away from the Planning Commission and shall hereafter operate separately. The Board of Zoning Appeals shall hold its regular meetings on the third Thursday of every calendar month at 6:30 p.m. Wherever the term Board of Zoning Appeals is used under existing Ordinances, it shall transfer to mean the Board of Zoning Appeals which is herein separately recreated.
(Ord. 2007-03. Passed 2-2-07.)
1125.06 PROCEEDINGS OF THE PLANNING COMMISSION/BOARD OF ZONING APPEALS. (REPEALED)
(EDITOR’S NOTE: Former Section 1125.06 was repealed by Ordinance 2007-03, passed February 2, 2007.)
1125.07 DUTIES OF THE BOARD OF ZONING APPEALS.
In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with the terms of the Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the application on any matter upon which it is required to pass under the Zoning Ordinance or to effect any variation in the application of the Zoning Ordinance. For the purpose of the Zoning Ordinance the Board of Zoning Appeals has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(b) To authorize such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done.
(c) Review conditional use permits as specified in the Official Schedule of District Regulations and under the conditions specified in Chapter 1191 and such additional safeguards as will uphold the intent of the Zoning Ordinance.
(Ord. 2007-03. Passed 2-2-07.)
1125.08 RESPONSIBILITIES OF ZONING INSPECTOR, BOARD OF ZONING APPEALS, COUNCIL AND COURTS ON MATTERS OF APPEAL.
(a) It is the intent of the Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law.
(b) It is further the intent of the Zoning Ordinance that the duties of Council, in connection with the Zoning Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and the Zoning Ordinance. Under the Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of the Zoning Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Section 1119.12. Nothing in the Zoning Ordinance shall be interpreted to prevent any official of the Village from appealing a decision of the Board of Zoning Appeals to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within thirty days of the Board's written decision.
(Ord. 2007-03. Passed 2-2-07.)