Mcdonald City Zoning Code
TITLE THREE
Zoning Administration
1105.01 TITLE.
Titles Three and Five of this Part Eleven - Planning and Zoning Code shall be known as the "Zoning Ordinance of McDonald, Ohio". (Ord. 2696-95. Passed 1-4-95.)
1105.02 PURPOSE.
For the purpose of promoting health, safety, morals, comfort and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land; and to facilitate adequate but economical provisions of public improvements, all in accordance with a comprehensive plan, the Planning Commission and Council find it necessary and advisable to regulate the location and size of buildings and without limitations to other structures including fences, tents, cabins and trailer coaches, percentages of lot areas which may be occupied, building setback lines, size of yards, courts and other open spaces, the use of buildings and without limitations to other structures, including fences, tents, cabins and trailer coaches, and the use of land for trade, industry, residence, recreation or other purposes, and for such purposes divide the area of the Municipality into districts or zones.
(Ord. 2696-95. Passed 1-4-95.)
1105.03 INTERPRETATION.
In interpretation and application, the provisions of this Zoning Ordinance shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals, comfort and general welfare.
Nothing herein shall repeal, abrogate, annul or in any way impair or interfere with any provision of law or any rules or resolutions other than zoning regulations, adopted or issued pursuant to law relating to the construction and use of buildings or premises.
Where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yards than are imposed or required by other provisions of law, rules, regulations, covenants or agreements, the provisions of this Ordinance shall control, but nothing herein shall interfere with, abrogate or annul any easement, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this Ordinance.
(Ord. 2696-95. Passed 1-4-95.)
1105.04 VALIDITY.
Each section, subsection, provision, requirement, regulation or restriction established by Ordinance 1178-72, passed May 2, 1972, or any amendment thereto, is hereby declared to be independent, and the holding of any part to be unconstitutional, invalid or ineffective for any cause shall not affect nor render invalid Ordinance 1178-72 or amendments thereto as a whole or any part thereof except the particular part declared to be invalid.
(Ord. 2696-95. Passed 1-4-95.)
1107.01 INTERPRETATION.
Words used in this Zoning Ordinance in the present tense shall be interpreted to include the future tense; words used in the singular number include the plural number, and the plural number includes the singular number. The word "shall" is mandatory and not directory. The word "structure" includes the word "building". The masculine gender includes the feminine and neuter genders, and vice-versa. (Ord. 2696-95. Passed 1-4-95.)
1107.02 ACCESSORY USE; ACCESSORY BUILDING.
"Accessory use" or "accessory building" means a use or building customarily incident to and located on the same lot with another use or building. An "accessory building" shall not be constructed on any lot which does not already have a residential or business structure on the lot. (Ord. 2696-95. Passed 1-4-95.)
1107.03 AFFECTED AREA.
"Affected area" as referred to in Chapter 1113, means an area having a radius of one-half mile from the proposed change, unless the reason for the proposed change, is of such magnitude as to reasonably affect the whole Municipality, then the Municipality shall be the affected area. (Ord. 2696-95. Passed 1-4-95.)
1107.04 ALLEY.
"Alley" means a narrow public way, located, designed and dedicated for public use and usually abutting on rear lot lines. (Ord. 2696-95. Passed 1-4-95.)
1107.05 APARTMENT.
"Apartment" means a room or suite of rooms in an apartment house which room or suite of rooms is arranged, intended, designed and constructed or reconstructed to be occupied as a residence of a single family, individual or group of individuals.
(Ord. 2696-95. Passed 1-4-95.)
1107.06 APARTMENT HOUSE.
"Apartment house" means a building or portion thereof used or designed as the residence for more than two families living independently of each other, not including auto courts, motels, trailer parks or tourist camps. (Ord. 2696-95. Passed 1-4-95.)
1107.07 APPROVED SEWAGE DISPOSAL PLANT.
"Approved sewage disposal plant" means a plant approved by State and County sanitary officers giving primary and secondary treatment to sewage and operated and maintained by assessments against the property served, the assessments being collected by Trumbull County.
(Ord. 2696-95. Passed 1-4-95.)
1107.08 BATHROOM.
"Bathroom" means a room within a structure containing at least a water basin, water closet and a permanently installed tub or shower bath. (Ord. 2696-95. Passed 1-4-95.)
1107.09 BOARDER.
"Boarder" means a person furnished with food and lodging or food at another's house
at a stated charge or one who rents a room or lodging. (Ord. 2696-95. Passed 1-4-95.)
1107.10 BUILDING PERMIT.
"Building permit" means written permission on a form, issued by the Zoning Inspector, providing permission for the construction, change of use or alterations of any buildings, fences, swimming pools or satellite receiving equipment. A fee of the specific amount as set forth in Section 1113.02(e) of the Codified Ordinances, or any amendment thereto, shall be paid prior to the issuance of a building permit by the Zoning Inspector.
(Ord. 2696-95. Passed 1-4-95.)
1107.11 CONCRETE PAD.
"Concrete pad" means a slab of reinforced concrete construction ten feet wide and fifty-eight feet long and at least four inches thick.
(Ord. 2696-95. Passed 1-4-95.)
1107.12 CONDITIONAL USE PERMIT.
"Conditional use permit" means written permission on a form providing permission for the usage of a commercial facility for special uses to be determined by the Zoning Inspector under specific conditions as set forth in a zoning amendment for the specific facilities. A fee of twenty-five dollars ($25.00) shall be paid prior to the issuance of a conditional use permit by the Zoning Inspector.
(Ord. 2696-95. Passed 1-4-95.)
1107.13 CONSTRUCTION.
"Construction" shall be deemed begun when ground is broken for the purpose of the erection of any building falling under the jurisdiction of this Zoning Ordinance.
(Ord. 2696-95. Passed 1-4-95.)
1107.14 CUSTOMARY HOME OCCUPATION,
"Customary home occupation" means an occupation that does not involve the sale of tangible goods, but rather a rendering of a service. (Ord. 2696-95. Passed 1-4-95.)
1107.15 FAMILY.
"Family" means any number of individuals related by blood, marriage or adoption living and cooking together on the premises as a single housekeeping unit and including domestic employees. (Ord. 2696-95. Passed 1-4-95.)
1107.16 GARAGE.
"Garage" means a building or space used as an accessory to a main building permitted in any residential district and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.
(Ord. 2696-95. Passed 1-4-95.)
1107.17 HIGHER USE; LOWER USE.
"Higher use" means a more restricted use and "lower use" means a less restricted use.
(Ord. 2696-95. Passed 1-4-95.)
1107.18 INTERSECTION.
"Intersection" means the junction of any two or more dedicated and accepted public streets. (Ord. 2696-95. Passed 1-4-95.)
1107.19 LINES.
(a) "Building line" means the line of either the main foundation wall or the line of any covered porch extending outside the main foundation wall, not including steps or walks, whichever is nearer the lot line in question.
(b) "Front lot line", "front property line" or "property frontage" shall be construed to be coincident with the principal road line of the lot. If there is no established right of way side line for the road or street, the line shall be deemed to be thirty feet from the center of the road.
(c) "Rear lot line" or "rear property line" means the property line opposite the front lot line. If a lot is not in the form of a rectangle but is irregular in shape, there shall be no rear lot line unless the principal building on the lot faces an angle thereof, then one side of the angle shall be the front lot line and line opposite the angle shall be the rear lot line.
(d) "Side lot line" means a lot, two sides of which are bounded by margins of intersecting dedicated public highways.
(e) "Setback line" means the distance between the front lot line in question and the nearest principal building line. (Ord. 2696-95. Passed 1-4-95.)
1107.20 LOT.
“Lot" means a parcel of land occupied by or legally capable of being occupied by a principal building and an accessory building or buildings or uses customarily incident to it, and includes such open yard areas as are required by this Zoning Ordinance and such further open areas that are herein permitted to be arranged and designed to be used in connection with such building. (Ord. 2696-95. Passed 1-4-95.)
1107.21 NONCONFORMING USE.
"Nonconforming use" means one that does not comply with the regulations established
for the particular use district or zone in which it is situated.
(Ord. 2696-95. Passed 1-4-95.)
1107.22 PORCH.
"Porch" means a roofed open structure projecting from a front, side or rearwall of a building. (Ord. 2696-95. Passed 1-4-95.)
1107.23 REPAIR GARAGE.
"Repair garage" means a building or space for the storage of motor vehicles at which repair on any kind of motor vehicle is permitted or at which the sale of accessories and filling station service is permitted. (Ord. 2696-95. Passed 1-4-95.)
1107.24 REST HOME.
"Rest home" means a structure operated for a profit for the care of aged or infirm persons. (Ord. 2696-95. Passed 1-4-95.)
1107.25 SINGLE-FAMILY DWELLING.
"Single-family dwelling" means a dwelling entirely detached and independent from any other principal structure, arranged, intended, designed and constructed or reconstructed to be occupied by a single family. (Ord. 2696-95. Passed 1-4-95.)
1107.26 SIGNBOARD; BILLBOARD.
"Signboard." or "billboard" means any structure or part thereof on which lettered or pictorial matter is displayed for publicity or advertising purposes.
(Ord. 2696-95. Passed 1-4-95.)
1107.27 STREET; ROAD.
"Street", "road", "highway", "avenue" or “lane” are considered to be synonymous and each is defined as a public way located, designed and dedicated for public use.
(Ord. 2696-95. Passed 1-4-95.)
1107.28 STRUCTURE; BUILDING.
"Structure" or "building" means anything erected, constructed or reconstructed on a foundation, posts, piles, blocks, skids, sills or any other support, whether such support is or is not permanently located in, or attached to, the soil.
(Ord. 2696-95. Passed 1-4-95.)
1107.29 STRUCTURAL CHANGE.
"Structural change" means any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, except such structural change as may be required for the safety of the building.
(Ord. 2696-95. Passed 1-4-95.)
1107.30 SWIMMING POOL.
"Swimming pool" or "outdoor swimming pool" means a permanent or above ground water pool constructed of steel, masonry, concrete, aluminum, plastic or any other material, and located out-of-doors.
(Ord. 2696-95. Passed 1-4-95.)
1107.31 TENT.
"Tent" means a temporary structure of canvas or other similar material for adult occupancy and is not intended to include a child's play tent. (Ord. 2696-95. Passed 1-4-95.)
1107.32 TRAILER.
"Trailer", "house trailer" or "trailer coach" means any vehicle originally built, manufactured, assembled, constructed or reconstructed to have one or more wheels, and designed used or intended for use as a temporary or permanent dwelling or shelter for one or more individuals. (Ord. 2696-95. Passed 1-4-95.)
1107.33 YARDS.
(a) "Rear yard", "back yard", "rear area" or "back area" means a space unoccupied by buildings or any structure of any type between the rear lot line and the building line nearest thereto on that lot.
(b) "Side yard" or "side area" means a space unoccupied by a building between a side lot line and the building line nearest thereto on that lot.
(Ord. 2696-95. Passed 1-4-95.)
1107.34 ZONING INSPECTOR/BUILDING INSPECTOR.
The terms Zoning Inspector and Building Inspector as used within the Zoning Ordinance are the same.
(Ord. 2696-95. Passed 1-4-95.)
1107.35 ZONING ORDINANCE.
"Zoning Ordinance" as used herein means Ordinance 1178-72, passed May 2, 1972, as amended, which is codified as Titles Three and Five of this Part Eleven - Planning and Zoning Code.
(Ord. 2696-95. Passed 1-4-95.)
1109.01 ZONING INSPECTOR; BUILDING PERMIT.
The position of Zoning Inspector is hereby created. The Inspector and such assistants as may be determined necessary, shall be appointed by the Mayor and shall receive such compensation as Council may provide. The Inspector shall keep records of all applications for zoning certificates and the action taken thereon.
Before constructing, locating, changing the use of or altering any buildings, including accessory buildings or changing the use of any premises, including fences, swimming pools and satellite receiving equipment, application shall be made to the Zoning Inspector's office for a preconstruction permit. The application shall indicate the exact location of the proposed construction, alteration or change of use and shall include a plot plan, plans and specifications showing proposed locations and dimensions, of the building and the proposed use, and shall include a fee as shall be established by Council to cover the cost of processing the application, all of which shall be included in the permanent record of applications.
Within ten days after receipt of the application for a preconstruction permit, the Zoning Inspector shall either issue a building permit if the proposed construction, alteration or change of use by the application is deemed in accordance with the Zoning Code and is accompanied by the proper building fee, as set by Council, or shall refuse to issue a building permit if the application does not comply with the requirements of the Building Code.
Should the Zoning Inspector issue a building permit, the preconstruction fee shall be deducted from the building permit fee.
Should the Zoning Inspector determine the proposed construction, alteration or change of use application is not in accordance with the Building Code and refuses to issue a building permit, the Zoning Inspector shall so inform the applicant in writing of his decision with the information that within twenty days from receipt of the decision by the Zoning Inspector, the applicant has the right to file a written appeal of the Zoning Inspector's decision with the Board of Zoning Appeals, which shall set a date to hear such appeal.
In the event of an emergency, including fire, windstorm, flood or other act destroying totally or partially a dwelling house, building or other structure, making it uninhabitable or unusable, the zoning regulations herein may be temporarily suspended insofar as they may apply, at the discretion of the Inspector, by permitting a temporary structure to be used in the place of the destroyed building while it is being repaired or replaced. Under such conditions the Inspector may permit the use of tents, trailers or building for a six-month period.
A building permit when obtained by an applicant shall not be transferred to another person or to another property and the fee paid therefor shall be nonrefundable.
A building permit shall expire at the end of three hundred sixty-five days from the date such permit is picked up by the applicant, and unless construction, location, change in use of or alteration of any building or premises is commenced within sixty days, a new application for another building permit must be made to the Inspector. For any renewal, reconstruction, enlargement or other change of any nonconforming use, the owner of the premises must make an application to the Inspector for a building permit.
It shall be the sole responsibility of the record owner of the real estate to secure any permit required in this Zoning Ordinance, regardless of any private contract, lease or agreement to the contrary. Enforcement of this Ordinance shall be against the record owner of the real estate.
(Ord. 2696-95. Passed 1-4-95.)
1109.02 BUILDING PERMIT FEES.
As provided in Section 1113.02(e), all fees shall be paid prior to the issuance of a building permit. Such fees are for the purpose of defraying the cost of inspection, certification and maintenance of the necessary records, and may be altered from time to time to meet existing conditions and costs.
A receipt for all moneys paid by the applicant for a building permit shall be issued by the Zoning Inspector.
Any person who commences to construct, reconstruct, enlarge, change, maintain or use any building or land within the Village without first securing a building permit as provided herein shall be required to pay twice the fees as provided above prior to the issuance of any such building permit. (Ord. 2696-95. Passed 1-4-95.)
1109.021 CERTIFICATE OF USE AND OCCUPANCY.
(a) It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of all ordinances. Such Certificate of Occupancy shall not be issued until water and sewer connections have been approved by the Village Administrator.
(b) A temporary Certificate of Occupancy may be issued by the Zoning Inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion. (Ord. 2696-95. Passed 1-4-95.)
1109.03 ENFORCEMENT.
No person shall construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of any regulation or any provision of this Zoning Ordinance or amendment thereto.
In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this Ordinance or any amendment thereto, Council, the prosecuting attorney of the County, the Zoning Inspector or any adjacent or neighboring property owner who would be especially damaged by such violation in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 2696-95. Passed 1-4-95.)
1109.04 JOB DESCRIPTION.
The McDonald Building/Zoning Inspector shall be charged with the enforcement and administration of the Village Building and Zoning Codes and all other laws relating to the erection, construction, alteration, repair, removal and safety of buildings.
He shall rule on all questions relating to compliance with the Code; examine all plans and specifications before issuing or denying a permit; and shall sign and issue all proper permits, certificates and notices as required. The Inspector shall examine all buildings in the course of erection, alteration, repair or removal.
He should attend all Planning Commission and Board of Zoning Appeals Meetings.
He shall advise the Commission and Council if they shall consider any changes in the fee structure and/or code. (Ord. 2696-95. Passed 1-4-95.)
1109.99 PENALTY.
Whoever violates this Zoning Ordinance or any regulation, provision or amendment thereto shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(Ord. 2696-95. Passed 1-4-95.)
1111.01 CREATION; COMPOSITION.
There is hereby created a Board of Zoning Appeals for the Village of McDonald which shall consist of seven members as follows:
There shall be five voting citizen members; one nonvoting representative from the Planning Commission and one nonvoting representative from Council. The citizen members shall each be a resident of the Village, shall be appointed by the Mayor, each for a term of five years, except that in the initial appointment, one member shall be appointed for a one-year term; one member shall be appointed for a two-year term; one member shall be appointed for a three-year term; one member shall be appointed for a four-year term; and one member shall be appointed for a five-year term. Representatives from the Planning Commission and Council shall have terms on the Board of Appeals coterminous with their appointment or election to their respective bodies. Any vacancy of a citizen member on the Board of Appeals shall be filled by appointment of the Mayor with the approval of Council for the unexpired term of the member whose seat was vacated. Planning Commission or Council representative vacancies on the Board of Appeals shall be filled per the rules of their respective bodies. Members of the Board of Appeals may be removed from office by Council for cause on written charges and after a public hearing. All members of the Board of Appeals shall serve without compensation.
(Ord. 2696-95. Passed 1-4-95.)
1111.02 POWERS.
The Board of Zoning Appeals shall have such powers and duties as provided for in Ohio R.C. Section 713.11 and as provided for by law and this section as follows:
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken.
The concurring vote of three members of the Board shall be necessary to reverse the order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass on under the terms of this chapter or to effect any variation in the application of this chapter.
For the purpose of this chapter, the Board shall have the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(b) To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in an unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(c) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(d) To authorize such variances from the terms of the ordinances under the Board of Appeals' jurisdiction as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of such ordinance will result in unnecessary hardship.
The spirit of such ordinances should be observed and substantial justice done. Such ordinances shall include, but are not limited to, the Residential Building Code, fence regulations, swimming pool regulations and sign regulations, etc.
Written notice of the request for a variance shall be mailed by the Board of Zoning Appeals by first class mail, at least five days before the date of the hearing of such variance, to all landowners and/or occupants abutting the land for which the variance was requested, including those directly across the street from such land.
The failure of delivery of such notice shall not invalidate any of the proceedings for a variance.
The Board of Zoning Appeals shall also provide the papers of local circulation with the information concerning the hearing on request for variance.
(Ord. 2696-95. Passed 1-4-95.)
1111.03 PROCEDURES; APPEALS; HEARINGS.
(a) Meetings; Rules; Records. The Board of Zoning Appeals shall organize and adopt rules in accordance with the provision of this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. The Chairman, or in his absence the acting Chairman, may administer oaths, and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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 keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Planning Commission and shall be a public record.
(b) Appeals. Appeals to the Board may be taken by any person aggrieved or any officer of the Municipality affected by any decision of the administrative officer. Such appeals shall be taken within twenty days after the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof beyond a reasonable doubt. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken from.
(Ord. 2924-00. Passed 1-19-00.)
(c) Hearings. The Board shall fix a reasonable time for hearing of the appeal, give at least ten days' notice in writing to the parties in interest and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any person may appear in person or by attorney.
(d) Appeal Effect. The filing of an appeal from any decision of the Zoning Inspector with the Board shall suspend any action by the Inspector or other authority in a court of competent jurisdiction to enforce the provisions put in question by such appeal, except that the Inspector may bring an injunction action to enjoin the appellant from further construction or use during the pendency of his appeal.
(e) Refilling Limitation. Any appeal which has been resolved by the Board may not be refiled nor shall the Board entertain the same within six months from the time of the resolution of the original appeal.
(f) Ohio Code Changes. Any future changes of the Ohio Revised Code shall automatically apply to the procedure written herein and supersede the same.
(Ord. 2696-95. Passed 1-4-95; Ord. 2824-00. Passed 1-19-00.)
1113.01 INITIATION.
Amendments or supplements to this Zoning Ordinance may be initiated by motion of the Planning Commission, by the passage of an ordinance by Council or by the filling of an application by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement with the Commission. Council shall, upon passage of such ordinance, certify it to the Commission.
(Ord. 2679-94. Passed 7-20-94.)
1113.02 SCHEDULE OF FEES, CHARGES AND EXPENSES.
(a) Council shall, by ordinance, establish a schedule of fees, charges, expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of the Village zoning regulations requiring investigations, inspections, legal advertising, postage, reproduction, and other expenses. The schedule of fees shall be posted for public inspection at the Village Municipal Building, and may be altered or amended only by Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(b) In addition, applications for a zoning classification amendment or supplement, shall be accompanied by ten sets of documents which shall include drawings and information regarding the proposed use of the area in the event the application is approved. This requirement shall be met before the Planning Commission shall set a date for a public hearing.
(c) Council shall annually review and establish the schedule of fees for all zoning procedures enumerated in subsection 1113.02(e) hereof.
(d) The fee shall be reasonably related to the Village’s cost for inspections, investigations of titles, legal advertising, postage and other expenses. Zoning fee should bring in sufficient revenue through fees to cover the cost of zoning administration.
(Ord. 3245-19. Passed 12-4-19.)
(e) The following fees, charges and expenses shall be collected for the following zoning applications or procedures:
Aluminum siding permit $20.00 Application for amendment to zoning classification 500.00 Bad check charge 30.00 Building permits: Accessory buildings (garages, sheds, etc.) per 100 square feet or fraction thereof total area 5.00 Residences, per 100 square feet or fraction thereof total area 15.00 Minimum fee 30.00 Change of use permit 20.00 Community Room fees Village residents 200.00 Non-residents 300.00 Security Deposit 200.00 Conditional use permit (see Code) 25.00 Copham Memorial Gazebo Fee Village residents 50.00 (Mayor has authority to waive fee) Fence permit 30.00 Gas/oil well drilling permit 400.00 Occupancy permit 20.00 Penalty fee (beginning construction without permit) 100.00 Preconstruction fee 20.00 Rental Inspection Fees Dwelling unit 100.00 Additional units at same address 10.00 Maximum fee per rental property 200.00 Late fee for failure to file by January 31 per month or a fraction thereof 100.00 Re-inspection fee (second inspection) 50.00 Re-inspection fee (third inspection and each subsequent inspection) 100.00 Replat fee (for 2 to 5 lots) 60.00 Satellite dish permit (dishes over 36 inches in diameter) 25.00 (No permit or fee required for dishes under 36 inches in diameter) Sewer taps (within Village) 550.00 Sewer taps (outside Village) 850.00 Sign permit (permanent sign): First 30 square feet of sign face 20.00 Over 30 square feet of sign face 25.00 Solar panels 20.00 Solicitation/peddler permits 50.00/250.00 Special inspections 20.00 Subdivision Fees Per No. of lots in Plat 2-5 60.00 6-10 65.00 11-15 70.00 16-20 72.50 21-25 75.00 26-30 77.50 31-35 80.00 36-40 82.50 41-45 85.00 46-50 87.50 51-75 90.00 plus $1 for each lot in excess of 50. 76-100 115.00 plus .75 cents for each lot in excess of 75. Over 100 135.00 plus .50 cents for each lot in excess of 100. In addition of a cash bond of $500, one-half of a fee to be refunded if disapproved. Penalties For violation of regulations - $10 to $1000 Transfer prior to being recorded - $10 to $500 per unit. For disposing of any unit exceeding 5 years - $10 to $500. Swimming pool permit 75.00 Variance fee 100.00 Water deposits (inside and outside Village) - residents (inside Village) 100.00 - residents (outside Village) 100.00 - Owner of rental property 100.00 - Business 100.00 Water Line Tap-In Fee (inside Village) - 3/4" tap 250.00 - 1" tap 300.00 - 3/4" Meter charge 150.00 - 1" Meter charge 200.00 Front footage charge: (Maximum 100 ft. @ $5.00 per ft.) (Minimum 25 ft. @ $5.00 per ft.) - under road push for tap-in 300.00 Water Off & On Charge (for delinquent accounts inside) 50.00 Water Off & On Charge (for delinquent accounts outside) 75.00 Water Line Tap-In Fee (outside Village) - 3/4" Tap 375.00 - 1" Tap 450.00 - 3/4" Meter Charge 225.00 - 1" Tap 300.00 - Front foot charge (Maximum 100 ft. @ $7.50 per ft.) (Minimum 25 ft. @ $7.50 per ft.) - under road push for tap-in 300.00 Water Line Tap-In Fee on Main Line from MVSD (Maximum 100 ft. @ $10.00 per ft.) (Minimum 50 ft. @ $10.00 per ft.) Water Meter Testing Fee 50.00 (Refund if faulty meter) Water Well 400.00 Woodland Park Pavilion Fees Village resident 50.00 Non-resident 80.00 (Mayor has authority to waive fee) Zoning certificate (for buildings the construction of which are governed by the State Building Code, shall be charged a fee per 100 square feet, or fraction thereof) 3.00 (Ord. 3316-25. Passed 5-22-25.) |
1113.03 PUBLIC HEARING; NOTICE.
Upon the adoption of such motion, or the certification of such ordinance or the filing of such applications, the Planning Commission may set a date for a public hearing thereon, which date shall not be less than twenty nor more than forty days from the date of the certification of such ordinance or the date of the adoption of such motion or the date of the filing of such application. Notice of the hearing shall be given by the Commission by one publication in one or more newspapers of general circulation in the Municipality at least fifteen days before the date of the hearing.
If the proposed amendment or supplement intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Commission, by first class mail, at least twenty days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Board of County Commissioners. The failure of delivery of such notice shall not invalidate any such amendment or supplement. The published and mailed notices shall set forth the time and place of the public hearing, the nature of the proposed amendment or supplement and a statement that after the conclusion of the hearing the matter shall be referred for further determination to Council.
(Ord. 2679-94. Passed 7-20-94.)
1113.04 ACTION BY COMMISSION; RECOMMENDATION.
The Planning Commission shall, within thirty days after such hearing, recommend the approval or denial of the proposed amendment or supplement, or the approval of some modification thereof and submit such recommendation together with such application or resolution, the text and map pertaining thereto to Council.
(Ord. 2679-94. Passed 7-20-94.)
1113.05 ACTION BY COUNCIL; HEARING; NOTICE.
Council shall, upon hearing the report of such recommendation, set a time for a public hearing on such proposed amendment or supplement, which date shall not be more than fifty days from the date of the presentation of the report from the Planning Commission. Notice of such public hearing shall be given by Council by one publication in one or more newspapers of general circulation in the Municipality, at least ten days before the date of such period.
The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment or supplement.
Within sixty days after such public hearing, Council must either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. No ordinance, measure or regulation which violates, differs from or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than three- fourths of the membership of Council.
(Ord. 2679-94. Passed 7-20-94.)
1113.06 EFFECTIVE DATE; ADOPTION; REFERENDUM.
The amendment or supplement adopted by Council shall become effective thirty days after the date of adoption unless within thirty days after the adoption of the amendment or supplement there is presented to Council a petition, signed by a number of qualified voters residing in the unincorporated area of the Municipality or part thereof included in the zoning plan equal to not less than eight percent of the total vote cast for all candidates for Governor in such area at the last preceding general election at which a Governor was elected, requesting Council to submit the amendment or supplement to the electors of such area for approval or rejection at the next primary or general election.
No amendment or supplement for which a referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters it shall take immediate effect. (Ord. 2679-94. Passed 7-20-94.)
1113.07 OHIO CODE CHANGES.
Any future changes of the Ohio Revised Code shall automatically apply to the procedures written herein and supersede the same. (Ord. 2679-94. Passed 7-20-94.)
1113.08 REFILING LIMITATION.
Any petition for a change of zoning classification resolved by Council may not be refiled nor shall the Commission or Council entertain the same within one year from the time of the resolution of the original petition. (Ord. 2679-94. Passed 7-20-94.)
1113.09 MEETINGS.
The Planning Commission shall set the specific date(s) and time(s) for its meetings when business is required, upon the call of the Mayor or the Village Administrator, or upon the call of two or more Planning Commissioner members.
(Ord. 3284-23. Passed 10-4-23.)