Lexington City Zoning Code
TITLE THREE
Zoning Administration
1155.01 ADMINISTRATION AND ENFORCEMENT.
The provisions of this Zoning Code shall be administered by the Zoning Inspector, his or her deputies, or such other officials as may be designated by the Village Council. The Administrative Director presently serves as the Zoning Inspector.
1155.02 DUTIES OF THE ZONING INSPECTOR.
(a) Zoning Inspector shall be employed by the Village for the following purposes:
(1) Issuing zoning certificates.
(2) Reporting all violations of zoning to the Village Planning Commission.
(3) Making all inspections of premises and buildings that may be required in carrying out his or her duties under this or any other ordinance of the Village relating to zoning or inspection.
(4) Enforce all provisions of the zoning ordinance of the Village of Lexington as described in this Zoning Code.
(5) Provide assistance to applicants in interpretation of the Zoning Ordinance and procedures for permits
(b) It shall be unlawful for the Zoning Inspector to issue any permits or approve any plans until he or she has inspected such plans in detail and found them to conform to the provisions of this Zoning Code. The Zoning Inspector shall record and issue non-conforming use permits for all non-conforming uses existing at the effective date of this Zoning Code.
(c) The Zoning Inspector shall also be responsible for submitting to the Village Planning Commission all applications for conditional zoning certificates. The Zoning Inspector shall not refuse to issue a zoning certificate when the provisions or conditions of this Zoning Code are complied with by the applicant.
(d) There is created the position of Deputy Zoning Inspector who shall perform all duties of the Zoning Inspector when the Zoning Inspector is unavailable for any reason. The Deputy Zoning Inspector shall have the identical powers of the Zoning Inspector. Whenever this Zoning Code or any ordinance, resolution, or motion of the Council refers to the Zoning Inspector, such reference shall be construed to include the Deputy Zoning Inspector when he or she is acting in the place of the Zoning Inspector.
1155.03 APPLICATION PROCEDURE; ZONING CERTIFICATE.
(a) Before constructing, changing the use of, or altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Zoning Inspector for a zoning certificate. The application shall include the following information:
(1) Three copies of a plot plan, drawn to a scale of not less than 60 feet to the inch, showing the actual shape, location, and exact dimensions of the property to be built on. The plat plan shall be of such size and shape as to show all pertinent data.
(2) The shape, size, and location of all buildings and other structures to be erected, altered, or moved, and of any building or other structures already on the property.
(3) The existing and intended use of the property, including, in residential areas, the total number of dwelling units to be accommodated in the building. (Ord. 98-44. Passed 10-8-98.)
(4) Any other pertinent data as may be required to determine whether the provisions of this Zoning Code are being observed properly, except for applications for Adult Entertainment Facilities.
(b) Within 20 days after receipt of the application for a one- and two-family structure or Adult Entertainment Facility, the Zoning Inspector shall issue a zoning certificate if the application complies with the requirements of this Zoning Code and the application is accompanied by a proper fee as indicated in Section 1155.04. If such certificate is refused for cause, the applicant shall be notified of such refusal and cause within the 20-day period.
(Ord. 05-25. Passed 6-6-05.)
(c) On the application for a zoning permit for a multiple-family residential structure, or any commercial, industrial, or other building which requires connection to any Village utility service, the Zoning Inspector shall:
(1) Refer the application to the Village Engineer for his or her review of the feasibility of utility service, storm drainage problems, access and traffic factors, and other relevant engineering considerations.
(2) Report the application to the Village Council at its next regular or special meeting.
(d) The permit shall be issued within five days after the Council Meeting in which it is reported, unless a majority of the Village legislative authority advises against the issuance.
(e) Unless construction is started within one year from the date of issuance, the zoning certificate shall be rendered null and void, and a new certificate shall be required on proper application.
(f) It shall be unlawful to use or occupy or to permit the use or occupancy of any building, except residential dwellings, hereafter erected, converted, or wholly or partly altered or expanded in its use until a certificate of occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.
1155.04 FEES.
Fees for the inspection and issuance of building permits, zoning certificates, or conditional use certificates, or copies required or issued under the provisions of this Zoning Code shall be collected by the Zoning Inspector in advance of issuing a permit. A fee schedule for the above items shall be adopted by separate resolution, and shall be given to the applicant with the appropriate application form, or posted in a conspicuous place in the area where an applicant may also find forms for the purposes of administrating this Zoning Code.
1157.01 CREATION; ORGANIZATION; APPOINTMENTS; VACANCIES.
(a) There is created a Village Planning Commission composed of such members as provided under Section 7.01 of the Charter.
(1) In the event of the death of the Council member of the Commission, his or her resignation from the Commission, or resignation from Council, Village Council shall appoint another of its members to serve the remainder of the unexpired term.
(2) In the event of the death or resignation of a citizen member of this Commission, the Mayor shall appoint some other resident of this Village for the remainder of the unexpired term.
(3) The unexcused absence of any member of this Commission from three consecutive monthly meetings or the establishing of a permanent residence outside of this Village shall be deemed a resignation.
(b) The Planning Commission shall do the following:
(1) Elect a Chairperson, Vice-Chairperson, and Secretary from among its members to serve for their term upon the Commission.
(2) Keep a complete record of its proceedings including the vote of each member on all motions before the Commission and file a copy of its proceeding with the Clerk of Council.
(3) Within the limits of the money appropriated for it, shall purchase such supplies and equipment as it finds necessary to carry out its duties.
(4) Retain or otherwise employ within the limits of the money appropriated for it such consultants as it finds necessary to carry out its duties.
(5) Establish a schedule for its meetings which shall include at least one regular meeting per month and such additional meetings as are necessary to carry out its duties.
(6) Special meetings may be called by the Chairperson or any two members.
(7) Adopt rules and regulations to govern the conduct of its meetings.
1157.02 CONDUCT OF MEETINGS; QUORUM.
(a) At least four members must be present at any meeting before any official business can be conducted. An affirmative vote of four members shall be necessary to pass any motion before the Planning Commission. The abstention or refusal to vote of any member shall not be counted for or against the motion and the member so abstaining or refusing to vote shall be deemed absent for the purpose of the motion upon which he or she abstains or refuses to vote.
(b) All meetings of the Commission shall be open to the public at all times, except that an executive session may be held in accordance with general statutory law or as permitted under the Village Charter. Reasonable steps shall be taken to notify the public and the news media of the time of all regular and special meetings. All records of the Commission shall be public records.
1157.03 POWERS AND DUTIES.
The Planning Commission shall have the following powers and duties:
(a) The Planning Commission shall have the power to make plans and maps of the whole or any portion of the municipal corporation or any land outside thereof, which, in the opinion of the Commission, is related to the planning of the Village. The Commission shall make changes to the plans and maps when it is deemed advisable. The plans and maps shall reflect the Commission's recommendations for the general location, character, and extent of streets, alleys, bridges, parks and playgrounds, and other public grounds, ways, and open space; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; and the removal and relocation, changes in use, or extension of the public ways, grounds, open space, buildings, property, utilities, or terminals. With a view to the systematic planning of the Village, the Commission may make recommendations to public officials concerning the general location, character, and extent of the public ways, grounds, open spaces, buildings, property, utilities, or terminals.
(b) Whenever the Commission makes a plan for the Village or any portion thereof, no public facilities shall be constructed without the approval of the Commission. In the case of disapproval, the Commission shall communicate its reasons to the Council and to the head of the department which has control over the proposed improvement. The Council, by a vote of a two-thirds majority of its members, may overrule the disapproval.
(c) The Commission may make recommendations to any public authorities or to any corporations or individuals in the Village or the territory contiguous thereto concerning the location of any building, structure, or works to be undertaken by them. The Commission should consult with the Village Engineer on any such matters.
(d) To initiate amendments to the Village zoning code including both changes in the text or changes of the use district of any parcel of land.
(e) To review applications for amendment to the Village zoning code and to make recommendations to Village Council thereon, including both changes in the text or changes of the use district of any parcel of land whether initiated by Village Council or initiated by any owner or lessee of the land in question.
(f) To review and approve or deny the platting or other subdivision of land within this Village in accordance with the Village subdivision code.
(g) To grant variances from the dimensional development standard literal requirements of this Zoning Code where because of unique circumstances applicable to the particular property under consideration, the literal application of a particular provision of this Zoning Code will cause undue hardship and the variance will no be detrimental to the overall purpose of the zoning code.
(h) To hear and decide appeals from any decision of the Zoning Inspector in denying or granting a zoning permit under this Zoning Code.
(i) To authorized the issuance of conditional zoning permits where the permits are provided for a particular use within a use district, and where the Commission finds that each of the specific conditions has been meet or that the waiver of one or more of the specific conditions will be in accordance with the standards herein provided.
1157.04 HEARINGS BEFORE PLANNING COMMISSION.
(a) All appeals to the Planning Commission from any decision of the Zoning Inspector shall be filed within 15 days of the decision appealed. It shall be initiated by filing a written appeal and must be accompanied by the fee required by Section 1155.04.
(b) All requests for variances or conditional permits to the Planning Commission shall be filed with the Planning Commission and shall be accompanied with the appropriate fee required by Section 1155.04.
(c) Hearings on the appeals or on application for variances shall be held at the next regular Planning Commission meeting occurring more than 15 days after the application is filed or at a special meeting called for this purpose. The 15-day requirement herein may be waived by the Commission for good cause shown.
(d) At the hearing on variances, all testimony shall be received under oath or affirmation, and a verbatim record of the proceedings shall be kept. The applicant shall be allowed, upon application and deposit of fees, the issuance of subpoenas for the attendance of witnesses. All testimony shall be subject to cross-examination.
(e) The Commission shall render its decision within a reasonable time after the hearing not to exceed 60 days, and advise the applicant in writing, thereof.
1157.05 REVIEW BY COUNCIL.
(a) All recommendations of the Planning Commission on appeals and variances shall be reported to the Village Council at its next regular Council meeting or at a special meeting held for this purpose.
(b) All decisions on appeals and variances shall be effective only when they are approved by a majority vote of the Village Council. Should a two-thirds majority of the Village Council decline to approve the recommendation of the Planning Commission, then the appeal, request for variance, or conditional permit shall be denied.
1157.06 PROCEDURE FOR HEARING ON VARIANCES AND APPEALS.
When a notice of appeal or a request for a variance has been filed in proper form with the Planning Commission, the Secretary shall immediately place the request on the calendar for hearing and shall cause notices stating the time, place, and purpose of the hearing to be issued. The notice shall be served personally or by mail, addressed to the parties making the request at least 15 days prior to the date of the scheduled hearing. Notices of the hearing will also be sent to the owners of property adjoining and across the street from the property for which a deviation from this Zoning Code is being asked. The public notice shall be published in either of the following methods, to be determined by the legislative authority.
(a) By posting copies thereof in not less than five of the most public places in the municipal corporation, to be determined by the legislative authority for a period of not less than 15 days prior to the taking effect thereof. Where this publication is by posting, the Clerk shall make a certification as to the posting, and as to the time when and places where the posting is done, in the manner provided in Ohio R. C. 731.24. This certificate shall be prima facie evidence that the copies were posted as required.
(b) By publication thereof in any newspaper printed in this state and of general circulation in the municipal corporation. Two notices setting forth the time and place of the hearing, the nature of the proposed change or amendment, and that the opportunity will be afforded all who wish to make comments on the proposed deviation from this Zoning Code shall be published in one or more newspapers of general circulation in the Village. The first publication of the notice shall appear at least 15 days prior to the public hearing by the Planning Commission. The Commission, at its discretion, may send out further notices to publicize the hearings. The Commission may recess hearings from time to time, and, if the time and place of the continued hearing are publicly announced at the time of adjournment, no further notice shall be required.
1157.07 PLATTING COMMISSION.
The Village Planning Commission is authorized under Ohio R. C. 713.03 to act as the Platting Commission for the Village and has all of the powers and duties provided in Ohio R. C. 735.17 through 735.26.
1157.08 DIVISION OF VILLAGE INTO ZONES.
(a) The Village Planning Commission may frame and adopt a plan for dividing the Village or any portion thereof into zones or districts, representing the recommendations of the Commission, in the interest of the public health, safety, convenience, comfort, prosperity, or general welfare for the limitations and regulations of the height, bulk and location, including percentage of lot coverage, setback building lines, and area and dimensions of yards, courts, and other open spaces, and the uses of buildings and other structures and of premises in such zones or districts.
(b) The Village Planning Commission has the power to review amendments to this Zoning Code and make a recommendation to the Village Council. This recommendation should be in the form of approval, approval with modifications, or disapproval.
1159.01 APPLICATION PROCEDURE.
Any person desiring an amendment of this Zoning Code shall accompany the petition for such amendment and submit a special application form provided for such purpose to Village Council. The applicant shall attach the following data to the application form:
(a) Names and addresses of the owners of all properties within and contiguous to and directly across the street from the parcel or area proposed to be rezoned or redistricted.
(b) Site plan, plot plan, or development plan of the entire property being considered, showing the location of all abutting streets.
(c) Any person making application for a zoning amendment or change shall further indicate the following:
(1) Evidence that this existing Zoning Code is unreasonable with regard to the particular property in question, and deprives the property owner of the lawful and reasonable use of his or her land. For the purpose of this Zoning Code, a limitation on financial or economic gain from the land in question shall not constitute unreasonable zoning or just cause for granting an exception to the provisions of this Zoning Code.
(2) Evidence that the proposed amendment would materialize in an equal or better zoning than that existing.
1159.02 REVIEW AND ACTION PROCEDURES.
(a) Ordinances or resolutions establishing, amending, revising, changing, or repealing zoning classifications, districts, uses, or regulations shall be initiated by a member of Council. Immediately after the first reading of the ordinance or resolution, the Presiding Officer of Council shall set a date for a public hearing before a joint meeting of Council and the Planning Commission, but not earlier than 13 days after the first reading. The Clerk of Council shall cause a notice of the public hearing to be published once in a newspaper of general circulation within the municipality at least seven days prior to the date of the public hearing. When the amendment, revision, change, or repeal involves 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 certified mail with return receipt at least seven days before the date of the public hearing to the owners of the property within, contiguous to, and directly across the street from the affected parcel or parcels. Such notices shall be sent to the addresses of owners appearing on the County Auditor's current tax list and to other lists as may be required by Council. The failure of delivery of the notice shall not invalidate any ordinance or resolution.
(b) Immediately after the public hearing referred to in subsection (a) hereof, a copy of each ordinance or resolution establishing, amending, revising, changing, or repealing zoning classifications, districts, uses, or regulation shall be referred to the Planning commission. Within 15 days after receipt of referral, the planning Commission shall return to the Clerk of Council the written recommendations of a majority of the members of the Commission. The ordinance or resolution shall be given its second reading at the next regular meeting of Council, unless an earlier special meeting is called for that purpose.
(c) A concurring vote of at least two-thirds of the membership of Council shall be necessary to pass any zoning ordinance or resolution which differs from the written recommendations of the Planning Commission, but in no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority vote of the members of Council.
1161.01 PUBLIC NUISANCE.
Buildings erected, altered, moved, raised, or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code are declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Zoning Code, which are observed by any Village official, shall be reported to the Zoning Inspector.
1161.02 INSPECTION.
The Zoning Inspector shall inspect each alleged violation, and shall, in writing, order the correction of all conditions which are found to be in violation of this Zoning Code.
1161.03 CORRECTION PERIOD.
All violations, except where the welfare of this Village requires immediate action, shall be corrected within a period of ten days after the written order is issued by the Zoning Inspector. Any violations shall be reported to the Village Law Director, who shall file suit for an injunction or the Administrative Director may file an affidavit in the Mayor's Court, as the situation requires.
(Ord. 01-02. Passed 2-19-01.)
1161.99 PENALTY.
The owner of any building or premises or part thereof where anything in violation of this Zoning Code shall be placed or shall illegally exist, and any tenant or occupant of such building or premises, and any architect, builder, or contractor who shall assist in the commission of any such violation, and any person who violates any of the provisions of this Zoning Code or fails to comply therewith shall, for each violation of noncompliance, be deemed guilty of a misdemeanor of the first degree and fined not more than one thousand dollars ($1,000) and imprisoned for not more than six months or both. In addition to or in lieu thereof, Council may authorize the Law Director to seek an injunction, abatement, or other appropriate remedy through any Court of competent jurisdiction.