Massillon City Zoning Code

TITLE THREE

Zoning Administration

1121.01 CONSTRUCTION OF LANGUAGE.

The following rules of construction apply to the text of the Zoning Ordinance:

(a) The particular shall control the general.

(b) In case of any difference of meaning or implication between the text of the Zoning Ordinance and any caption or illustration, the text shall control.

(d) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e) A "building" or "structure" includes any part thereof.

(f) The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", or "occupied for".

(g) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(h) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", "either" "or", the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected items, conditions, provisions, or events shall apply.

(2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3) "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(i) Terms not herein defined shall have the meaning customarily assigned to them.

(Ord. 82-1970. Passed 11-2-70.)

1121.02 DEFINITIONS.

(1) "Accessory use" or "accessory" means a use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as, the principal use to which it is related.

When "accessory" is used in the text, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to, the following:

A. Residential accommodations for servants and/or caretakers.

B. Swimming pools for the use of the occupants of a residence, or their guests.

C. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.

D. A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

E. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

F. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

G. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.

H. Uses clearly incidental to a main use, such as but not limited to offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

I. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.

J. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

(Ord. 82-1970. Passed 11-2-70.)

(1.1) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided however, that the operation of any such accessory uses shall be secondary and incidental to the normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals or the raising of mink, foxes, or other nondomesticated animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land.

(Ord. 5-1985. Passed 2-18-85.)

(2) "Alley" means dedicated public way less than twenty feet in width.

(Ord. 63-1975. Passed 9-22-75.)

(3) "Alterations" means any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".

(4) "Apartments" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

(5) "Auto repair station" means a place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame or fender straightening and repair, overall painting and undercoating of automobiles.

(6) "Basement" means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.

(7) "Block" means the property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right of way, unsubdivided acreage, lake , river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate boundary lines of the Municipality.

(8) "Building" means any structure, either temporary or permanent, having a roof supported by columns, or walls, and intended for the shelter, or enclosure of persons, animals, chattels or property of any kind.

(Ord. 82-70. Passed 11-2-70.)

(9) “Building height definition.” The building height is measured from the finish grade to the very top of the building. (Ord. 63-2024. Passed 8-5-24.)

(10) "Building line" means a line formed by the face of the building, and for the purposes of the Zoning Ordinance, a minimum building line is the same as a front setback line.

(11) "Certificate of occupancy" means a statement signed by the Building Inspector, setting forth that either a structure or zoning lot, or both, may lawfully be employed for specific uses. Such structure(s) and use shall conform to the provisions of the Zoning Ordinance.

(12) "Clinic" means an establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians, dentists or similar professions.

(13) "Club" means an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit.

(14) "Convalescent" or "Nursing Home" means a structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing and medical care.

(15) "Development" means the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, or the use of open land for a new use.

(16) "District" means a portion of the incorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of the Zoning Ordinance.

(17) "Drive-in" means a business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

(18) "Dwelling unit" means a building, or portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.

(19) "Dwelling, one-family" means a building designed exclusively for and occupied exclusively by one family.

(20) "Dwelling, two-family" means a building designed exclusively for occupancy by two families living independently of each other.

(21) "Dwelling, multiple-family" means a building, or a portion thereof, designed exclusively for occupancy by three or more families living independently of each other.

(22) "Erected" means built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill drainage, and the like, shall be considered a part of erection.
(Ord. 82-1970. Passed 11-2-70.)

(23) "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission or distribution system, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety, or welfare, and further excluding from the definition of “essential services” under the Codified Ordinances, cellular or wireless communications systems, towers, facilities, structures, support structures and all other facilities attendant thereto.

(23.1) “Cellular communications antenna, tower, communication systems, or wireless communication systems” shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, and ground wired communication systems, including both directional antennas, such as panels, microwave dishes, and satellite dishes, and omni, directional antennas such as whips or other equipment utilized to serve personal communication services. (Ord. 143-2007. Passed 1-7-08.)

(24) "Excavation" means any breakage of ground, except common household gardening and ground care.

(25) "Family" means one or two persons or parents, with their direct lineal descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in the whole or part of a dwelling unit. Every additional group of two or less persons living in such dwelling unit shall be considered a separate family for the purpose of the Zoning Ordinance.

(26) "Farm" means the carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.

(27) "Floor area ratio" means the ratio of the floor area of a building to its lot area. For example: When a floor-area ratio of five-tenths (0.5) is specified the floor area of a building constructed on a lot of 10,000 square feet in area is limited to a maximum of 5,000 square feet. The number of stories being optional, the building area may be 5,000 square feet for one story; 2,500 square feet for each of two stories, and so forth. The purpose of this ratio is to control the bulk of buildings and encourage the development of open space or plazas about structures in the intensely developed portions of the City.

(28) "Floor area, residential". For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

(Ord. 82-1970. Passed 11-2-70.)

(29) "Floor area, gross" (For purposes of computing parking) means the sum of the gross horizontal areas of all of a building, measured from the exterior faces of the exterior walls or from the center line of common walls separating two buildings. Gross floor area shall not include garages, attic space, terraces, breezeways, open porches and uncovered steps.

(Ord. 111-1977. Passed 11-21-77.)

(30) "Garage, private" means an accessory building or portion of a main building designed or used solely for the storage of motordriven vehicles, boats, and similar vehicles owned and used by the occupants of the building to which it is accessory.

(31) "Garage, service" means any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

(32) "Gasoline service station" means a place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

(33) "Grade" means the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

(34) "Hotel" means a building or part of a building with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy, and in which one or more of the following services are offered:

A. Mail service.

B. Furnishing of linen.

C. Telephone, secretarial or desk service.

D. Bellboy service.

A hotel may include a restaurant or cocktail lounge, public banquet hall, ballrooms or meeting rooms.

(35) "Junkyard" means an open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings.

(36) "Kennel, commercial" means any lot or premise on which three or more dogs, cats or other household pets are either permanently or temporarily boarded. Kennel shall also include any lot or premises where household pets are bred or sold.

(37) "Loading space" means an off-street space on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

(38) "Lot" means a parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of the Zoning Ordinance. A lot may or may not be specifically designated as such on public records.

(Ord. 143-2007. Passed 1-7-08.)

(38.1) The word “lot” includes the word “plot” or “parcel”; the words “used” or “occupied” include the words “arranged,”, “intended” or “designed to be used or occupied”; the words “building” or “structure” include the words “or portion thereof”; the word “located” includes the words “erected” and “altered”. (Ord. 96-2017. Passed 9-5-17.)

(39) "Lot, corner" means a lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of the Zoning Ordinance if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.

(40) "Lot, interior" means any lot other than a corner lot.

(41) "Lot, through" means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all yards of such lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

(42) "Lot, zoning" means a single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.

A zoning lot shall satisfy the Zoning Ordinance with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, may not coincide with a lot of record as filed with the County Recorder's Office, but may include one or more lots of record.

(43) "Lot area" means the total horizontal area with the lot lines of the lot.

(44) "Lot coverage" means the part or percent of the lot occupied by a building including accessory buildings.

(45) "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

(46) "Lot lines" means the lines bounding a lot as defined herein:

A. Front lot line: In the case of an interior lot, is that line separating the lot from the street. In the case of a corner lot, or double frontage lot, is that line separating the lot from either street.

B. Rear lot line: That lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long lying farthest from the front lot line and wholly within the lot.

C. Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(47) "Lot of record" means a parcel of land, the dimensions of which are shown on a document, map or plate on file with the County Recorder's Office or in common use by Municipal or County Officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

(48) "Lot width" means the horizontal distance between the side lot lines, measured at the two points where the building line, or setback line intersects the side lot lines.

(49) "Main (principal) building" means a building in which is conducted the main or principal use of the lot upon which it is situated.

(50) "Main (principal) use" means the main or principal use to which the premises are devoted and the principal purpose for which the premises exist.

(51) "Major thoroughfare" means an arterial street which is intended to serve as a large volume trafficway for both the immediate municipal area and the region beyond, and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thorofare Plan.

(52) "Master plan" means the Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be adopted by the Planning Commission and/or the Legislative Body.

(Ord. 143-2007. Passed 1-7-08.)

(52.1) “Medical Marijuana Facility(ies)” includes Cultivation Facilities, Processing Facilities, Dispensaries, and Testing Laboratories as provided in Ohio Revised Code 3796. (Ord. 96-2017. Passed 9-5-17.)

(53) "Mezzanine" means an intermediate floor in any story occupying not to exceed one-third of the floor area of such story.

(54) "Mobile home" or "trailer coach" means any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

(55) "Mobile home park" or "trailer coach" means any plot of ground upon which two or more trailer coaches, occupied for dwelling or sleeping purposes are located.

(56) "Motel" means a series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the public traveling by motor vehicle.

(57) "Municipality" means the City of Massillon, Ohio.

(58) "Nonconforming building" means a building or portion thereof lawfully existing at the effective date of the Zoning Ordinance, and that does not conform to the provisions of the Zoning Ordinance in the district in which it is located.

(59) "Nonconforming use" means a use which lawfully occupied a building or land at the effective date of the Zoning Ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.

(60) "Nursery, plant materials" means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. The definition of nursery within the meaning of the Zoning Ordinance does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

(61) "Nuisance factors" means an offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, such as: noise, dust, smoke, odor, glare, fumes, flashes, vibration, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise of congregation of people, particularly at night, passenger traffic, invasion of non-abutting street frontage by traffic.

(62) "Off-street parking lot" means a facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.

(63) "Open front store" means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure. The term "Open Front Store" shall not include automobile repair stations or automobile service stations.

(64) "Out lot" means a lot included within the boundary of a recorded plot which has been set aside as a park or other land dedicated to public use or reserved to private use.

(65) "Parking space" means an area of definite length and width. Such area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.

(66) "Planned shopping center" means a single development consisting of 100,000 square feet or more of retail floor space.
(Ord. 5-1985. Passed 2-18-85.)

(67) "Public utility" means a person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under Federal, State or Municipal regulations to the public, gas, steam, electricity, sewage disposal, wired communication, wired telegraph, transportation or water.

(Ord. 143-2007. Passed 1-7-08.)

(67.1) "Roadside stand" means a temporary structure used seasonally, designed or used for the display or sale of neighborhood agricultural products produced on the premises upon which such a stand is located. (Ord. 5-1985. Passed 2-18-85.)

(68) "Room." For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom, equal to at least seventy square feet in area. A room shall not include the area in kitchen, sanitary facilities, utility provisions, corridors, hallways and storage. Plans present showing 1, 2, or 3 bedroom units and including a "den", "library" or other extra room shall count such extra room as a bedroom for the purpose of computing density.

(69) "Setback" means the distance required to obtain front, side or rear yard open space provisions of this Zoning Ordinance.

(70) "Sign" means the use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known such as are used to show an individual, firm, profession, or business, and are visible to the general public.

(71) "Sign, accessory" means a sign which is accessory to the principal use of the premises.

(72) "Sign, nonaccessory" means a sign which is not accessory to the principal use of the premises.

(73) "Stable, public" means a stable other than a private stable with a capacity for more than two horses, and carried on within an unplatted tract of land of not less than forty acres.

(74) "Stable, private" means a stable or building for the keeping of horses for the noncommercial use of the residents of the principal use and shall not include the keeping of horses for other or for commercial boarding of horses.

(75) "Story" means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty percent (50%), by cubic content, is below the height level of the adjoining ground.

(76) "Story, half" means an uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purposes of the Zoning Ordinance, the usable floor area is only that area having at least four feet clear height between floor and ceiling.

(Ord. 82-1970. Passed 11-2-70.)

(77) "Street" means a public dedicated right of way twenty feet or more in width. (Ord. 63-1975. Passed 9-22-75.)

(78) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

(79) "Temporary use or building" means a use or building permitted by the Board of Appeals to exist during periods of construction of the main building or use, or for special events.

(80) "Trailer, travel" means a vehicle designed as a travel unit for occupancy on a temporary or seasonal dwelling unit not exceeding 200 square feet in living area.

(81) "Use" means the principal purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.

(82) "Yards" means the open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in the Zoning Ordinance, and as defined herein:

A. Front Yard: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

B. Rear Yard: An open space extending the full width of the lot the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard may be opposite either street frontage.

C. Side Yard: An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.

(83) "Zoning exceptions and variances"

A. Exception: An exception is a use permitted only after review of an application by the Board of Appeals or Commission other than the Administrative Official (Building Inspector), such review being necessary because the provisions of the Zoning Ordinance covering conditions, precedent or subsequent, are not precise enough to all applications without interpretation, and such review is required by the Zoning Ordinance.

B. Variance: A modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

The crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case.

C. The "Exception" differs from the "Variance" in several respects. An exception does not require "undue hardship" in order to be allowable. The exceptions that are found in the Zoning Ordinance appear as "special approval" by Planning Commission, Council, or Board of Appeals. These land uses could not be conveniently allocated to one zone or another, or the affects of such uses could not be definitely foreseen as of a given time. The general characteristics of these uses include one or more of the following:

1. They require large areas;

2. They are infrequent;

3. They sometimes create an unusual amount of traffic;

4. They are sometimes obnoxious or hazardous;

5. They are required for public safety and convenience.

(84) "Zoning Ordinance" means Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code.

(Ord. 82-1970. Passed 11-2-70.)

(85) "Residential Social Service Facility" means a facility or home whose primary purpose is to provide supervised room, board, and care in a residential setting to three or more residents thereof whose disabilities or status limit their ability to live independently, and secondarily for training, rehabilitation, and non-clinical services. These residents may be mentally retarded, released from State institutions, juvenile offenders, drug or alcoholic offenders, or wards of the court or welfare system. Such a facility excludes use as a clinic, nursery school, dormitory, or other similar use. However, for the purposes of licensing, the term is included within "Rooming House" as defined in Section 1357.01.

(86) "Family Home" means a Residential Social Service Facility, licensed under Ohio R.C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.

(87) "Group Home" means a Residential Social Service Facility, licensed under Ohio R.C. 5123.19, that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine, but not more than sixteen persons with developmental disabilities.

(88) "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, cerebral palsy, epilepsy, 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 services. (Ord. 163-1984. Passed 12-17-84.)

(89) “Golf course” means a tract of land laid out for playing the game of golf and consisting of a minimum of nine (9) holes situated on said land. The land would also be improved with tees, greens, fairways, and hazards. Further, a golf course must be comprised of real estate in excess of five (5) acres of land. A “Miniature Golf Facility” or “Miniature Golf Course” is not a golf course as defined under this paragraph.

(90) “Miniature Golf Course” is a miniature version of the sport of golf. Miniature Golf Course is also known by the names: Mini Golf, Midget Golf, Goofy Golf, Extreme Golf, Mini Putt, Putt Putt, and other similar variations. Miniature Golf Course typically is built on a parcel of real estate less than five (5) acres in size, is composed of fake or artificial surfaces, grass, miniature obstacles, including windmills, castles and wishing wells, and miniature hazards. A Miniature Golf Course typically involves the use of one (1) club per player and is played by putting on a series of artificial surfaces, golf holes that are one-tenth (1/10) of the size of regular golf course holes, and man made obstacles as part of the miniature golf course.

(Ord. 28-2010. Passed 4-5-10.)

1125.01 ENFORCEMENT.

The provisions of the Zoning Ordinance shall be administered and enforced by the Building Official or by such deputies of his department as the Building Official may delegate to enforce the provisions of the Zoning Ordinance. (Ord. 86-2010. Passed 8-16-10.)

1125.02 DUTIES OF BUILDING INSPECTOR.

(a) The Building Official shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of the Zoning Ordinance. It shall be unlawful for the Building Official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with the Zoning Ordinance.

(b) The Building Official shall record all nonconforming uses existing at the effective date of the Zoning Ordinance for the purpose of carrying out the provisions of Chapter 1179.

(c) Under no circumstances is the Building Official permitted to make changes to the Zoning Ordinance nor to vary the terms of the Zoning Ordinance in carrying out his duties as Building Official.

(d) The Building Official shall not refuse to issue a permit when conditions imposed by the Zoning Ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of such permit.

(Ord. 86-2010. Passed 8-16-10.)

1125.03 PLOT PLAN.

The Building Official shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

(Ord. 86-2010. Passed 8-16-10.)

(a) The actual shape, location and dimensions of the lot.

(b) The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot. The relationship between all ingress and egress points for the site and existing structures and utility fixtures shall also be shown.

(d) The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(e) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of the Zoning Ordinance are being observed. (Ord. 82-1970. Passed 11-2-70.)

1125.04 PERMITS.

The following shall apply in the issuance of any permit:

(a) Permits Not to be Issued. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of the Zoning Ordinance.

(b) Permits for New Use of Land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(c) Permits for New Use of Buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(d) Permits Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress or ingress, or other changes affecting or regulated by the City of Massillon, Building Code, Housing Law, or the Zoning Ordinance, except for minor repairs or changes not involving any of the aforesaid features. (Ord. 82-1970. Passed 11-2-70.)

1125.05 CERTIFICATES OF OCCUPANCY.

No land, building, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate of occupancy:

(a) Certificates Not to be Issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of the Zoning Ordinance.

(b) Certificates Required. No building or structure, or parts thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure after approval by the Fire Chief and Chief Building Official.

(c) Certificates Including Zoning. Certificates of occupancy as required by the City Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by the Zoning Ordinance.

(d) Certificates for Existing Buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of the Zoning Ordinance.

(e) Record of Certificates. A record of all certificates issued shall be kept on file in the office of the Building Inspector, and copies shall be furnished to the owner, City Engineer and Fire Chief.

(f) Certificates for Dwelling Accessory Buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(g) Application for Certificates. Application for certificates of occupancy shall be made in writing to the Chief Building Official on forms furnished by that Department, and such certificates shall be issued within five days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of the Zoning Ordinance.

If such certificate is refused for cause, the applicant therefor shall be notified in writing of such refusal and cause thereof, within the aforesaid five-day period.

(Ord. 82-1970. Passed 11-2-70; Ord. 86-2010. Passed 8-16-10.)

1125.06 FINAL INSPECTION.

The holder of every building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the Building Official immediately upon the completion of the work authorized by such permit, for a final inspection.

(Ord. 86-2010. Passed 8-16-10.)

1125.07 FEES.

(a) Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of the Zoning Ordinance may be collected by the Building Official in advance of issuance. The amount of such fees shall be established by resolution of Council and shall cover the cost of inspection and supervision resulting from enforcement of the Zoning Ordinance.

(b) Application for certificate of occupancy shall be accompanied by payment of nonrefundable fee pursuant to the following schedule of charges:

(1) Initial and recertification inspection fees applicable to the Residential Code of Ohio for existing One, Two and Three Family Dwellings = $0.00.

(2) Initial and recertification inspection fees applicable to the Ohio Building Code for existing structures = $100.00 per unit.

A. Initial and Recertification inspections shall be completed along with City of Massillon Fire Prevention Officer.

(3) Certificate of occupancy for newly constructed structures are included in the building permit for instance of fire and other natural disasters.

(4) A combined serious hazard inspection shall be conducted by the Fire Prevention Officer and the Chief Building Official or designee.

(5) Re-scheduling fee for failure to appear at the inspection, payable before the re-scheduling of a second or subsequent inspection = $75.00.

(6) No Certificate of Occupancy shall be issued unless and until all rescheduling fees have been paid.

(Ord. 86-2010. Passed 8-16-10.)

1129.01 CREATION AND MEMBERSHIP.

There is hereby established a Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided under Ohio R.C. Chapter 713 as amended, and in such a way that the objectives of the Zoning Ordinance shall be observed, public safety secured and substantial justice done. The Board shall consist of eight members appointed by the Mayor. The current Board, upon passage of the Zoning Ordinance, shall retain their current positions but replacements shall be conformance with this section. Appointments shall be as follows: One member appointed for a period of one year; one member appointed for a period of two years; one member appointed for a period of three years, one member appointed for a period of four years; one member appointed for a period of five years; three shall be alternates and their periods of appointment to be consistent with established procedure, respectively thereafter each member shall hold office for the full five-year term. Any vacancies in the Board shall be filled by appointment by the Mayor for the remainder of the unexpired term. The Zoning Board of Appeals shall annually elect its own Chairman, Vice Chairman and Secretary. The compensation of the appointed members of the Board of Zoning Appeals may be fixed by Council. (Ord. 61-1999. Passed 4-19-99.)

1129.02 MEETINGS.

All meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such times as such Board may determine. All hearings conducted by the Board shall be open to the public. The Secretary of the Zoning Board of Appeals, or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. Three members of the Board shall constitute a quorum for the conduct of its business. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it. (Ord. 22-1973. Passed 3-19-73.)

1129.03 APPEALS.

(a) An appeal may be taken to the Board of Zoning Appeals by any person, firm or corporation, or by any officer, Department, Board or Bureau affected by a decision of the Building Inspector. Such appeal, including all required information requested in the application by the Building Official, shall be filed no later than the fourth Tuesday of each month, to be heard on the second Thursday of the following month. Insufficient information submitted shall be a cause for delay of inclusion at the hearing. Appeals shall be taken by filing with the Building Inspector and with the Board of Appeals, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Appeals after notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, which may be granted by a court of record.

(b) The Board shall meet on the second Thursday of each month to hear all appeals submitted in accordance with subsection (a) hereof, a decision shall be rendered the evening of the meeting, with a ten working day appeal period to grant the variance as requested, deny the variance as refused, or a combination of both with conditions as imposed by the Board. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (Ord. 85-1998. Passed 4-6-98.)

1129.04 FEES.

The following is a schedule of fees to be charged to applicants for appeals filed with the Board of Zoning Appeals effective 2010. These fees shall be paid to the Secretary of the Board of Appeals, which the Secretary shall forthwith pay over to the City Treasurer to the credit of the general revenue fund of the City.

(a) Residential Development $75.00

(b) Commercial Development $200.00.

(Ord. 85-2010. Passed 8-16-10.)

1129.05 JURISDICTION.

The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the State of Ohio. Such powers include:

(a) Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provisions of the Zoning Ordinance.

(b) Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of the Zoning Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of the Zoning Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Zoning Ordinance. In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of the Zoning Ordinance. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.

(c) Exceptions and Special Approvals. To hear and decide in accordance with the provisions of the Zoning Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which the Zoning Ordinance specifically authorizes the Board to pass. Any exception or special approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of the Zoning Ordinance, including the following:

(1) Interpret the provisions of the Zoning Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of the Zoning Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(2) Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.

(3) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

(4) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.

(5) Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the City and for periods not to exceed six months in developed sections.

(6) Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed twelve months with the granting of twelve-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.

The Board of Zoning Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:

A. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.

B. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.

C. All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City, shall be made at the discretion of the Board of Appeals.

D. In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connection.

E. The use shall be in harmony with the general character of the district.

F. No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in the Zoning Ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.

(Ord. 82-1970. Passed 11-2-70.)

(d) Considerations for Variance. In consideration of all appeals and all proposed variations to the Zoning Ordinance, the Board shall, before making any variations from the Zoning Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City. A minimum of three votes by the members of the Board present shall be necessary to reverse any order, requirements, decision, or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by the Zoning Ordinance to render a decision. Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the Zoning Ordinance or the Zoning Map, such power and authority being reserved by Council in the manner provided by law. (Ord. 27-76. Passed 4-5-76.)

1129.06 ORDERS.

In exercising the above powers, the Board may reverse or affirm wholly or partly, or may modify the orders, 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 all the powers of the Building Inspector from whom the appeal is taken. (Ord. 82-1970. Passed 11-2-70.)

1129.07 NOTICE.

The Board of Zoning Appeals shall make no recommendation except in a specific case and after a public hearing conducted by the Board. It shall be general rule or in specific cases, determine the interested parties who, in the opinion of the Board, may be affected by any matter brought before it, which shall in all cases include all owners of record of property within 200 feet or 100 feet in cases involving the request for variance of yard requirements for a single-family residence, of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. The Board may require any party applying to the Board for relief to give such notice to other interested parties as it shall prescribe.

(Ord. 27-76. Passed 4-5-76.)

1129.08 MISCELLANEOUS.

(a) No order of the Board of Zoning Appeals permitting the erection of a building shall be valid for a period longer than one year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(b) No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. 82-1970. Passed 11-2-70.)

1129.09 APPEALS TO COUNCIL.

(a) Any person or any officer, department, board or bureau of the City aggrieved or affected by a decision of the Board of Zoning Appeals, may appeal such decision to Council by filing with the Clerk of Council a written notice of such appeal within ten days of the decision by the Board of Appeals.

(b) The Clerk of Council shall forthwith, upon the receipt of such notice of appeal, notify the Board of Zoning Appeals of its filing, and the secretary of the Board of Appeals shall immediately thereafter furnish the Clerk of Council with exact copies of all papers or records pertaining to such decision.

(c) The Clerk, shall at the next regular meeting of Council, refer such appeal to Council. Within sixty days thereafter Council may, by resolution passed by a vote of two-thirds of the members thereof, revise or modify the decision of the Board of Appeals. Should Council fail to act within such period of sixty days, or should the resolution of revision or modification fail to be passed by the required two-thirds vote of Council, such decision of the Board shall be deemed to be affirmed.

(d) An appeal to Council, as herein provided, shall stay all proceedings of the action. (Ord. 108-71. Passed 11-1-71.)

1133.01 GENERAL DUTIES.

The Planning Commission, as specified under Ohio R.C. Chapter 713, as amended, shall perform the zoning duties provided in the statute in connection with the amendment of the Zoning Ordinance.

(Ord. 82-1970. Passed 11-2-70.)

1133.02 PLANNING COMMISSION APPROVAL.

(a) In cases where the Planning Commission is empowered to approve certain use of premises under the provisions of the Zoning Ordinance the applicant shall furnish such surveys, plans or other information as may be reasonably required by the Commission for the proper consideration of the matter.

(b) The Planning Commission shall investigate the circumstances of each such case and shall notify such parties, who may in its opinion be affected thereby, of the time and place of any hearing which may be held relative thereto as required under its rules of procedure.

(c) The Planning Commission may impose such conditions or limitations in granting approval as may in its judgment be necessary to fulfill the spirit and purpose of the Zoning Ordinance.

(d) Any approval given by the Planning Commission, under which premises are not used or work is not started within six months or when such use or work has been abandoned for a period of six months, shall lapse and cease to be in effect.
(Ord. 82-1970. Passed 11-2-70.)

1137.01 GENERAL.

(a) Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may amend, supplement or change the regulations, district boundaries or classifications of property, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures established under Ohio R.C. Chapter 713, as amended.

(b) It shall be the duty of the Planning Commission after investigation, hearing and study, to submit its recommendations regarding all applications for amendments, supplements or changes to Council.

(Ord. 82-1970. Passed 11-2-70.)

1137.02 DETAILS OF PROCEDURE.

(a) Applications for any change in the regulations, district boundaries, or classifications of property shall be made in the following manner:

(1) On the initiative of Council, which shall be by passage of a resolution that it is deemed advisable that the Planning Commission investigate and study the proposed change.

(2) On the initiative of any property owner in the City, which request shall be accompanied by:

A. A completed "Application for Zoning Change" form, which shall be provided by the Department of Community and Economic Development.

B. The name and address of the applicant (if the applicant is not the owner of the land involved, written authorization from the owner consenting to the application must be included.)

C. A legal description of the land involved in the proposed rezoning request, including the County Auditor’s permanent parcel number.

D. A map sketch of the area sought to be changed, and the location of such area in relation to the nearest street.

E. The applicant shall submit one of the following:

1. A petition for Zone Change signed by a majority of the owners of real estate lying within 300 feet of any part of the area sought to be changed. The person who signs or the circulator of the petition shall also write the date the signature was made next to the owner’s name. No signature obtained more than one hundred eighty days before the date on which the petition is filed shall be counted in determining the number of signers of the petition.

An owner is determined as of the date the petition is filed with the Department of Community and Economic Development. If the owner is a corporation, partnership, business trust, estate, trust, organization, association, group, institution, society, state or political subdivision, the petition shall be signed by a person who is authorized to sign for that entity. A person who owns more than one parcel of real estate, either individually or as a tenant in common or by survivorship tenancy, within the 300 foot area, shall be counted as one owner for purposes of this section.

For purposes of this section, the state or any political subdivision shall not be considered an owner and shall not be included in determining the number of owners needed to sign a petition.

Any owner who signed the petition may have the signature removed by delivering a signed statement to the Department of Community and Economic Development expressing the owner’s wish to have the signature removed. Upon receiving a signed statement, the Department of Community and Economic Development shall strike through the signature, causing the signature to be deleted from the petition.

- Or -

2. Evidence that the applicant has held a meeting with neighboring property owners and/or residents to review and discuss the proposed zone change. Items to be submitted as documentation for such meeting(s) shall include the following:

a. A copy of the meeting notice listing the date, time, place and purpose of the meeting.

b. A listing of those persons, businesses, and organizations, receiving notice of said meeting.

c. A copy of the sign-in sheet from said meeting.

d. Copies of any documents, hand-outs, and other materials distributed at said meeting.

F. A deposit of the fee required in Section 1137.03.

(b) The application for zoning change petition and map shall be filed by the applicant with the Department of Community and Economic Development.

(c) When the Department of Community and Economic Development determines that all requirements have been satisfactorily completed and are correct, and the fee paid, the department official so designated shall immediately forward the original application, legal description and map to Council and forward copies of same to the Planning Commission.

(d) The Planning Commission shall give due consideration to any and all such requests.

(e) Written notice of the Planning Commission hearing shall be mailed by the Clerk of Council by first class mail at least seven days before the date of such hearing to the owners of all properties lying within the area sought to be changed, and to the owners of all properties lying within 300 feet of any part of the area sought to be changed, to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list, to the applicant, and to such others as may be specified.

(f) Not less than seven days prior to the hearing before the Planning Commission, the Clerk of Council shall cause a sign to be posted upon the site. This sign shall state the following:

(1) The action proposed, including the zoning change being requested.

(2) The schedule date, time and location of all hearings.

(3) Phone numbers to call for additional information.

No posted sign shall be removed, tampered with, or destroyed before the conclusion of hearings on the rezoning application.
(Ord. 99-2007. Passed 10-1-07..)

1137.03 APPLICATION FEES.

At the time an application for zoning change, petition, and map are filed as provided herein, the applicant shall deposit two hundred dollars ($200.00) with the Department of Community and Economic Development as a fee to cover investigation, legal notices, and other related expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot of record. An additional fee of ten dollars ($10.00) shall be deposited for each additional lot of record or part of an additional lot of record which may be included in the request. Such additional lot of record or part of lot of record shall be adjacent to each other. Such sums so deposited shall be credited by the City Auditor to the General Fund.

(Ord. 203-1999. Passed 1-19-00.)

1137.04 REFERENCE AND HEARING.

(a) Action by Council shall be only after report by the Planning Commission, and after a public hearing by Council, notice of the time and place of which shall be published by the Clerk of Council at least once in a newspaper of general circulation in the City not less than thirty days prior to such hearing.

(b) Written notice of the hearing shall be mailed by the Clerk of Council, by first class mail at least twenty days before the date of the public hearing to the owners of all properties lying within the area sought to be changed, and to the owners of all properties within 300 feet of any part of the area sought to be changed, to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list, to the applicant, the secretary of the Planning Commission, and to such others as may be specified.

(c) During such thirty days, the application, map and other documents relating to such proposed change in zoning, including the recommendation and documents submitted by the Planning Commission, shall be on file for public examination in the office of the Department of Community and Economic Development. (Ord. 203-1999. Passed 1-19-00.)

1137.05 CHANGE IN RECOMMENDATION.

If any ordinance, measure or regulation which violates, differs from or departs from the plan, report or recommendation submitted by the Planning Commission, shall not take effect unless passed or approved by not less than three-fourths of the full membership of Council.

(Ord. 82-1970. Passed 11-2-70.)

1137.06 NOTICE OF FINAL DISPOSITION.

(a) The Clerk of Council shall notify the applicant and the property owners in accordance with the requirements in Section 1137.04(b) by first class mail, of the final disposition taken by Council.

(b) The Clerk of Council shall also send a copy of such final disposition to the Planning Commission and the Building Inspector. (Ord. 82-1970. Passed 11-2-70.)

1137.07 PUBLICATION AND RECORD OF CHANGES.

(a) There shall be included with the publication of the Zoning Ordinance approved by Council a graphic description of the area affected by the zoning change.

(b) On or immediately after the effective date of any change approved by Council, the Director of Community Development will record such change on the zone map.

(Ord. 82-1970. Passed 11-2-70.)

1137.08 FREQUENCY OF APPLICATIONS.

(a) Application by a property owner pursuant to Section 1137.02(a)(2) for a change in the zoning district of any property of record can be submitted only once in any twenty-four-month period with the following exceptions:

(1) If there is a zoning district change made on abutting property or property within 200 feet of the subject property; or

(2) If through the action of a public body, the economic use of abutting property or property within 200 feet of the subject property has been changed; or

(3) If through destruction, demolition or removal of structures, the economic use of abutting property within 200 feet of the subject property has been changed; or

(4) If because of a procedural error incurred in processing the application by the City, whereby the applicant would not be at fault; or

(5) If the zone change request is withdrawn by the applicant in a written notice to the Clerk of Council prior to the time that Council schedules a public hearing.

(b) The property owner may then apply to the Planning Commission for a right of rehearing. If the Planning Commission determines that the property owner should have a rehearing by virtue of one or more of the exceptions set forth in this section, then the Commission shall notify the Clerk of Council to accept an application for a change in the zoning district(s) of the subject property.

(Ord. 55-2023. Passed 7-10-23.)

1141.01 INTERPRETATION.

In the interpretation and application, the provisions of the Zoning Ordinance shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by the Zoning Ordinance to repeal, abbrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described Zoning Ordinance, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where the Zoning Ordinance imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of the Zoning Ordinance shall control. (Ord. 82-1970. Passed 11-2-70.)

1141.02 CONFLICTING REGULATIONS.

Whenever any provision of the Zoning Ordinance imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of the Zoning Ordinance shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by the Zoning Ordinance, then the provisions of such shall govern.

(Ord. 82-1970. Passed 11-2-70.)

1141.03 SCOPE.

(a) No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of the Zoning Ordinance.

(b) All structures for which building permits have been obtained and the construction of which or a portion of which has been begun, or for which contracts have been let pursuant to a permit issued prior to the effective date of the Zoning Ordinance may be completed and used in accordance with the plans for which such permit was granted.

(c) All permits for buildings issued within sixty days prior to the effective date of the Zoning Ordinance are hereby declared void, provided such building or its use does not conform to the provisions of the Zoning Ordinance; if at the time of the passage of the Zoning Ordinance no substantial construction has been made; and/or no contracts have been let pursuant to the permit.

(Ord. 82-1970. Passed 11-2-70.)

1141.04 VESTED RIGHTS.

Nothing in the Zoning Ordinance should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and, they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare. (Ord. 82-1970. Passed 11-12-70.)

1141.05 SEVERABILITY.

Sections of the Zoning Ordinance shall be deemed to be severable and should any section, paragraph or provision hereof be declared by the courts to be unconstitutional or invalid, such holdings shall not affect the validity of the Zoning Ordinance as a whole or any part hereof, other than the part so declared to be unconstitutional or invalid. (Ord. 82-1970. Passed 11-12-70.)

1141.99 PENALTY.

(a) Any person firm or corporation violating any of the provisions of the Zoning Ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than five hundred dollars ($500.00) and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the County Jail for a period not to exceed ninety days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.

(b) Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the Zoning Ordinance and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisidiction.

(c) The owner of any building, structure or premises or part thereof, where any condition in violation of the Zoning Ordinance shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided.

(d) A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(e) The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.