Mount Vernon City Zoning Code

CHAPTER 1101

General Provisions

1101.01 PURPOSE.

It is the purpose of this planning and zoning code to promote and protect the public health, safety, comfort, prosperity, convenience, and general welfare of the people of the City of Mount Vernon through the establishment of minimum regulations governing the subdivision, development, structures, and use of land. Furthermore, the more specific purpose of this planning and zoning code is to:

(a) Implement the City of Mount Vernon Strategic Plan and other policies or plans adopted or approved by the City as they relate to the development of land;

(b) Encourage and facilitate orderly, efficient, and appropriate growth and development;

(c) Ensure and encourage the proper use of land to stabilize and preserve property values, to protect against congested and unsafe traffic conditions, to provide safety from hazards such as fire, flood, water and air contamination, and guarantee adequate light, air, and open space to all residents, property owners, and businesses of the City;

(d) Facilitate development of land uses according to a comprehensive design that ensures the availability of and provision for adequate traffic capacity, water and sewer service, schools, public parklands, and other such public facilities;

(e) Specify and regulate uses of land and the type, size, and use of structures within each separate zoning district;

(f) Delineate zoning district boundaries in a manner which is comprehensive and includes all land and structures similar in nature and circumstance to the extent feasible;

(g) Provide for adequate access to all areas of the City by people of all abilities and by varied modes of transportation;

(h) Preserve unique historical and natural features of structures and land within the City;

(i) Encourage interconnectivity of developments in order to provide multiple access points in and out of developments for safety purposes and traffic dispersion;

(j) Improve the quality of life through protection of the City's total environment including, but not limited to, the prevention of air, water and noise pollution;

(k) Avoid the inappropriate subdivision or development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage;

(l) Foster a more rational pattern of relationship between recreation, conservation, residential, business, commercial, industrial, and institutional uses for the mutual benefit of all;

(m) Implement the provisions of Ohio Revised Code Chapter 713; and

(n) Implement any other common law rulings.

(Ord. 2024-032. Passed 7-22-24.)

1101.02 AUTHORITY.

(a) General Authority.

(1) The authority for the preparation, adoption, and implementation of this code is derived from Ohio Revised Code (ORC) Chapters 711 and 713, which permit the adoption of uniform rules and regulations governing the zoning and subdivision of land.

(2) Nothing in this code shall be construed to limit City Council in the exercise of all of its powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes.

(b) References to the Ohio Revised Code (ORC) or the Ohio Administrative Code (OAC) Whenever any provision of this code refers to or cites a section of the ORC (as amended) or the OAC (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section, or the section that most nearly corresponds to the superseded section. (Ord. 2024-032. Passed 7-22-24.)

1101.03 TITLE.

These regulations shall be known and may be cited as the "Planning and Zoning Code of the City of Mount Vernon," or may be referred to as the "planning and zoning code," the "zoning code," or the "code." This code may also be referred to as Part 11 of the Codified Ordinances of the City of Mount Vernon, Ohio.

(Ord. 2024-032. Passed 7-22-24.)

1101.04 APPLICABILITY.

(a) No structure or part thereof shall be placed upon or moved onto land, erected, constructed, reconstructed, enlarged or structurally altered, nor shall any building or land be used or occupied which does not comply with the district regulations established by this code for the district in which the building, structure or land is located.

(b) The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures, or portions thereof, located within the municipal boundaries of the City of Mount Vernon in Knox County, Ohio. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in Section 1101.01.

(c) The regulations of this code shall also govern all subdivision of land and public improvements within the corporate limits of the City of Mount Vernon.

(d) The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building, or structure, unless modified, varied or waived as provided herein.

(e) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. 2024-032. Passed 7-22-24.)

1101.05 EFFECTIVE DATE.

Any amendment to this code shall become effective 30 days after the City council passes an ordinance approving the amendment, unless otherwise provided for in Section 1103.03.

(Ord. 2024-032. Passed 7-22-24.)

1101.06 CONSISTENCY WITH ADOPTED PLANS.

The administration, enforcement, and amendment of this code should be consistent with the most recently adopted version of the City of Mount Vernon's Strategic Plan or other adopted plans or polices, as may be amended. Such plan, or references to such plan, shall also include other adopted or approved plans within the City that relate to development including, but not limited to, a comprehensive plan, land use plan, thoroughfare plan, parks and recreation plan, etc. Amendments to this code should maintain and enhance the consistency between this code and the City of Mount Vernon Strategic Plan or any other adopted or approved City plans.

(Ord. 2024-032. Passed 7-22-24.)

1101.07 INTERPRETATION AND CONFLICTS.

(a) Interpretation of Provisions. The provisions of this code shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience, prosperity, and general welfare.

(b) Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This code is intended to complement other City, State, and Federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions of this code shall govern.

(c) Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.

(Ord. 2024-032. Passed 7-22-24.)

1101.08 RELATIONSHIP WITH THIRD-PARTY PRIVATE AGREEMENTS.

(a) This code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants, or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant, or other private third-party agreement, then the provisions of this code shall govern.

(b) Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.

(c) In no case shall the City be obligated to enforce the provisions of any easements, covenants, or other agreements between private parties, even if the City is a named party in and has been granted the right to enforce the provisions of such agreement.

(Ord. 2024-032. Passed 7-22-24.)

1101.09 SEPARABILITY CLAUSE.

(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment or ruling shall not affect the validity and continued enforcement of any other provision of this code.

(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure, or situation, then such judgment or ruling shall not affect the application of that provision to any other property, structure, or situation not specifically included in that judgment or ruling.

(c) If any court of competent jurisdiction invalidates any condition attached to the approval of a development review application, then such judgment or ruling shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment or ruling.

(Ord. 2024-032. Passed 7-22-24.)

1101.10 TRANSITIONAL RULES.

(a) Purpose. The purpose of these transitional rules is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, on the effective date of this code amendment.

(b) Violations Continue.

(1) Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Chapter 1116: Enforcement and Penalties unless the use, development, construction, or other activity complies with the provisions of this code.

(2) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this code.

(1) Any nonconformity that was legally established and that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code as long as the situation that resulted in the nonconforming status under the previous code continues to exist. All such nonconformities shall be controlled by does not interfere with traffic circulation, intersection visibility, or emergency vehicle access. See Chapter 1115: Nonconformities.

(2) If a legally established nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this amendment, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.

(3) Any nonconformity that was not legally established in accordance with the provisions of this code shall not be protected and shall be considered a violation of this code.

(d) Processing of Applications Commenced or Approved Under Previous Regulations.

(1) Pending Projects.

A. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the City.

B. If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of this code, the application shall expire and subsequent applications shall be subject to the requirements of this code.

C. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

D. An applicant with a pending application may waive review available under prior regulations and request review under the provisions of this code by requesting such waiver, in writing, to the Zoning Enforcement Officer.

(2) Approved Projects.

A. Approved planned developments, variances, certificates of appropriateness, conditional uses, zoning permits, or other approved plans or permits that are valid on the effective date of this code shall remain valid until their expiration date, where applicable.

B. Any building or development for which a permit or certificate was granted prior to the effective date of this code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this code, as long as the permit or certificate remains valid.

C. If the development for which the permit or certificate is issued prior to the effective date of this code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this code.

(e) Vested Rights. The transitional rule provisions of this section are subject to Ohio's vested rights laws. See also the Ohio Attorney General Opinion 84-037.

(Ord. 2024-032. Passed 7-22-24.)

1101.11 RESTORATION OF UNSAFE BUILDINGS.

Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. 2024-032. Passed 7-22-24.)

1101.12 USE OF GRAPHICS, TABLES, ILLUSTRATIONS, FIGURES, AND CROSS-REFERENCES.

(a) Graphics, illustrations, and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control.

(b) In some instances, cross-references between chapters, sections, and subsections are provided that include the number along with the name of the referenced chapter, section, or subsection. Where a conflict may occur between the given cross-reference number and name, the name shall control.

(Ord. 2024-032. Passed 7-22-24.)

1101.13 BURDEN OF PROOF.

(a) The burden of demonstrating that an application, development, structure, or use of land or structures subject to this code complies with applicable review and approval standards rests with, and is the responsibility of, the applicant.

(b) The burden of proof also rests with, and is the responsibility of, any person claiming that a nonconformity was established legally under a previous amendment of this code.

(c) The burden of proof is not the responsibility of the City or other parties to demonstrate that the standards have (or have not) been met by the applicant or person responsible for the application, development, use of land or structure, or nonconformity with this code.