Napoleon City Zoning Code
TITLE ONE
Subdivision Control
1101.01 DEFINITIONS.
For the purpose of this Planning and Zoning Code found in Part 11, Chapters 1101 through 1147, both chapters inclusive, the following definitions shall apply unless the context clearly indicates or requires a different meaning and except when expressly limited to a certain section or provision of this Planning and Zoning Code. When the word is found in the singular form, it may also be interpreted as being defined in the plural form and vise versa.
(1) ABUTTING. Bordering, adjoining, or across the street or alley.
(2) ACCESSORY BUILDING. A building subordinate or incidental to the principal structure or use located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.
(4) ADMINISTRATOR. The Zoning Administrator in and for the City of Napoleon, Ohio.
(5) ADULT ENTERTAINMENT. Vendors of adult sexually oriented merchandise, services, or entertainment, including but not limited to an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, featured burlesque, adult live entertainment, or sexual encounter center.
(6) AGRICULTURAL. The use of a tract of land for growing crops in the open or for dairying, pasturage, horticulture or viticulture.
(7) ALTER OR ALTERATION: For the sole purpose of Chapter 1138, any material change in the external architectural features of any property, including demolition, removal or construction, but not including landscaping of property; otherwise means any material change.
(8) AIRPORT. A use devoted to the take-off, landing, and storing of aircraft.
(9) ALLEY. A permanent service way providing a secondary means of access to abutting lands.
(10) ANTENNA. Equipment designed to transmit or receive electronic signals or radio waves.
(11) ANIMAL HOSPITAL/VETERINARY CLINIC. A place that provides animal preventive and medical care, pet dental, pet surgery, and/or other vet services; may also provide a full range of general medical and surgical services as well as specialized treatments to animals, including, but not limited to: wellness, spay/neuter, advanced diagnostic services, internal medicine, oncology, ophthalmology, dermatology, cardiology, neurology, boarding, grooming, and vaccinations.
(12) APARTMENT. A room or set of rooms fitted with housekeeping facilities and used or leased as a dwelling; also, a building containing several individual apartments.
(13) APPLICANT. A person submitting an application for development, a permit, or other required approvals. "Applicant" includes the owner of the property subject to the application and any person designated by the owner to represent the owner.
(14) ARCHITECTURAL FEATURE. Those elements that characterize an architectural style including, but not limited to windows, doors, porches, cornices, decorative trim, and exterior surface material.
(15) ARTIFICIAL LAKE, POND, OR RESERVOIR. A man made or created lake, pond or reservoir as below defined:
A. LAKE. A considerable inland body of standing water.
B. POND. An inland body of stagnant water without an outlet (except overflow drains) that is larger than a puddle and smaller than a lake.
C. RESERVOIR. An inland body of water that is kept and collected in quantity.
(16) ASSISTED LIVING UNITS.
A. DEPENDENT: A multiple-family housing form with central dining facilities provided as a basic service to each dwelling unit. Each dwelling unit may contain cooking facilities, but shall contain sanitary facilities.
B. INDEPENDENT: A multiple-family housing form with full facilities for self-sufficiency in each individual dwelling unit.
(17) AUTO WASH. A structure, or portion thereof, containing commercial facilities for washing vehicles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. Also, the term includes a hand operated wand type manual auto wash facility when the operation is equivalent in intensity to a mechanical auto wash.
(18) AUTO REPAIR. Includes engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair, overall painting, undercoating or steam cleaning of automobiles.
(19) BANKS. An establishment for the custody, loan, exchange, or issue of money, for the extension of credit and for facilitating the transaction of funds.
(20) BASE FLOOD. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also known as the one hundred (100) year flood.
(21) BASEMENT. A story partly or wholly underground where more than one-half of its height is above the average level of the adjoining ground. A basement shall be counted as a story for purpose of height measurement.
(22) BED & BREAKFAST. A transient lodging establishment, generally in a single-family dwelling that is the principal residence of the operator or detached guest house, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may, but not be required to, provide meals for compensation.
(23) BLOCK. A unit of property bounded by streets, or by streets or railroad right-of-way, waterways, or other barriers.
(24) BLOCK FRONTAGE. Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, or other definite barrier.
(25) BOARDING HOUSE. A residential use where meals are provided to its residents, consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house is distinguished from a rooming house in that meals are provided to its residents.
(26) BORROW PIT. An excavated area where material has been dug for use as a fill at another location.
(27) BUILDING. Any structure having a roof supported by columns or walls, and designed or intended for shelter, support, enclosure or protection of persons, animals or chattels, excluding small play houses for child play and small dog houses capable of sheltering no more than one (1) dog that is commonly found in residential areas.
(28) BUILDING AREA. The horizontal area of a building, including all projections from the building.
(29) BUILDING MATERIALS. Articles or things used for construction, excluding tools, machinery, and appurtenances.
(30) BUILDING, DETACHED. A building having no structural connection with the principal building on a premises.
(31) BUILDING SETBACK LINES. The lines nearest the front and across a lot establishing the minimum open space to be provided between the front line of buildings and structures, and the front lot line.
(32) CEMETERY. Any land, five acres or more, used for the burial of the dead and dedicated as a cemetery, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
(33) CERTIFICATE OF APPROPRIATENESS: A certificate issued by the Preservation Commission indicating that a proposed alteration, demolition, or in-fill new construction within the preservation district boundaries is in accordance with the provisions of Chapter 1138.
(34) CERTIFICATE OF ZONING. A certificate signed by the Administrator indicating that the use of the land, building or structure complies with the provisions of this Planning and Zoning Code.
(35) CERTIFY. Whenever this Planning and Zoning Code or the Administrator requires that some agency certify the zoning existence of some fact or circumstance to the City, the certification shall mean a writing from some agency in the form of letter or other document, as determined by the Administrator.
(36) CHANGE. For the sole purpose of Chapter 1138, any alteration, demolition, removal, or construction involving any property subject to the provisions of this Planning and Zoning Code, including signs, notwithstanding the Sign Code.
(37) CHILD CARE INSTITUTION. An institutional facility housing more than nine (9) orphaned, abandoned, dependent, abused, or neglected children.
(38) CIRCULATION AREA. That portion of the vehicle accommodation area used for access to the vehicle accommodation area. Essentially, driveways and other maneuvering area (other than parking aisles) comprise the circulation area.
(39) CITY. The City of Napoleon, Ohio.
(40) CLUBS. Buildings and facilities operated for a social, educational, or recreational purpose, but not for profit or to render a service which is customarily carried out as a business.
(41) COLLOCATION. The use of a wireless telecommunication facility by more than one wireless telecommunication provider.
(42) COMMON OPEN SPACE. An area within a development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.
(43) COMBINATION USE. A use consisting of combination on one (1) lot of two (2) or more principal uses separately listed in the Table of Permissible Uses. Under some circumstance, when a second principal use may be regarded as accessory to the first, a combination use is not established (see accessory uses). In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this does not constitute a combination use.
(44) COMMERCE: The exchange of goods, productions, services, or property of any kind; or, the buying, selling, and exchanging of articles or services.
(45) COMMERCIAL. Relates to or is connected with trade and traffic or commerce in general; is or is designated to be occupied with business or commerce.
(46) COMMERCIAL RECREATIONAL FACILITIES. Any establishment of which the main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Commercial recreation facilities include, but are not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.
(47) COMMERCIAL SCHOOLS. Schools operated for profit such as business schools, training schools for trade, real estate, training and similar schools, but not including elementary, intermediate or high schools for education of children.
(48) COMMERCIAL SEMI-TRUCK SALES/SERVICE. An establishment that for profit sells, services, or repairs commercial semi-truck vehicles or the like as a part of its business.
(49) COMMISSION. Unless the context clearly indicates otherwise, means the City Planning Commission.
(50) COMMON WALL. A wall that is common to two (2) buildings, such as in a shopping center setting having multiple businesses adjacent to each other.
(51) COMPREHENSIVE PLAN. See Master Plan.
(52) CONDITIONAL USE PERMIT. A permit that may be issued by the City for a use that is not otherwise permissive as a matter of right in the same sense that a "permitted use" is, for uses that have been determined by the City to have a significant impact, thus requiring a hearing which is administrative in nature. Also, for uses that have not been identified as a permitted use within the Planning and Zoning Code. The conditional use permit may contain conditions for, or restrictions on, the said use. Also considered to be a type of "use permit", may also be referred to as a special use.
(53) CORNER LOT. A lot at the junction of and abutting two (2) or more intersecting streets.
(54) CONVENIENCE STORE. A one-story retail store that contains less than 2,000 square feet of gross floor area, that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic.
(55) COUNCIL. The City Council of the City of Napoleon, Ohio.
(56) CUL-DE-SAC. A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
(57) DAY CARE CENTER. Any care arrangement that provides day care on a regular basis for more than four (4) hours per day for more than five (5) children or adults or a combination thereof.
(58) DEMOLITION: The razing or destruction, whether entirely or in part, of a building or structure, and for the purpose of Chapter 1138, includes demolition by neglect.
(59) DETACHED BUILDING. Also known as building, detached, a building having no structural connection with the principal building on a premises.
(60) DEVELOPER. A person who is responsible for any undertaking in the developing of real estate, or a person that improves and subdivides land.
(61) DEVELOPMENT. An act, process or result of developing real estate which is to be done pursuant to a zoning permit or conditional use permit.
(62) DISTRICT. A geographically defined area subject to certain minimum zoning standards as established in this Planning and Zoning Code.
(Ord. 042-13. Passed 10-21-13.)
(62.1) DOMESTIC ANIMAL OR PET. As referred to in Section 1101.01(197.1), and as defined in Ohio Administrative Code Section 901:1-17-02(1), shall be defined as “livestock, or other animals that through long association with humans have been bred to a degree resulting in genetic changes affecting the temperament, color, confirmation, or other attributes of the species to an extent that makes them different from nondomestic animals of their kind,” with the City of Napoleon, Ohio’s current Codified Ordinances previously defining “Livestock” as farm type animals or poultry kept or raised for use, pleasure or profit, such as chickens, turkeys, pigs, goats, sheep, horses, buffalo, cattle, and the like, kept or raised as one or many. (Ord. 036-17. Passed 6-5-17.)
(63) DRIVE-IN. Any place or premises used for the sale, dispensing, or serving of food, refreshments, beverages, or services to customers in vehicles, including those establishments where customers may serve themselves and may carry out or consume the above on or off the premises.
(64) DRIVEWAY. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
(65) DWELLING. A building or portion thereof, designed or used as living quarters. When the context demands, dwelling includes single-family dwellings, two (2)-family dwellings, and multiple-family dwellings, but not including hotels, motels, bed and breakfast, rooming and boarding houses.
(66) DWELLING, SINGLE-FAMILY. A building containing only one (1) dwelling unit.
(67) DWELLING, TWO-FAMILY. A building containing only two (2) dwelling units.
(68) DWELLING UNIT. An enclosure containing sleeping, kitchen, and bathroom facilities designed for and held ready for use as a permanent dwelling by one (1) family.
(69) EASEMENT. A grant by a property owner for the use of a strip of land by a person for a specified purpose or multiple purposes.
(70) EFFECTIVE DATE OF THIS PLANNING AND ZONING CODE. Any reference to the effective date of the Planning and Zoning Code, or Zoning Code, means July 17, 1995; however, the reference shall also be deemed to include the effective date of any amendment thereto.
(71) EMERGENCY. An unforeseen combination of circumstances, or the resulting state that calls for immediate actions.
(72) ENGINEERING DEPARTMENT RULES AND REGULATIONS. City of Napoleon Engineering Rules and Regulations CNER98-1, and to the extent permitted by law, means the most current amendment thereto.
(73) ENTERTAINMENT AND SPECTATOR SPORT FACILITIES. A structure or facility for the presentation of performing arts, including indoor motion picture theaters, theaters for live performances and indoor and outdoor concert halls, athletic and other events to spectators. Entertainment and spectator complexes includes restaurants as an accessory use. Entertainment and spectator complexes does not include places for adult entertainment.
(74) ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by Public Utilities or Municipal or other Governmental Agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, not including buildings, which are necessary for the furnishing of adequate service by such Public Utilities or Municipal or other Governmental Agencies for the public health, safety, or general welfare.
(75) EXCAVATION OF SAND, GRAVEL, CLAY, STONE & TOPSOIL FACILITY. Business duly engaged in the extraction, excavation, fill, or grading for any purpose of gravel, soil, sand, stone, rock, clay or topsoil.
(76) FAMILY. Persons related by blood or marriage living together as a single house keeping unit or up to six (6) unrelated persons living together as a single house keeping unit.
(77) FARM MARKETS & STANDS. An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and craft items, and food and beverages (but not to include second hand goods) dispensed from booths located on site.
(78) FILLING STATION. Buildings and premises where fuel may be supplied and dispensed.
(79) FLOODPLAIN. Any land area susceptible to be inundated by water from the base flood. As used in this Planning and Zoning Code, the term refers to that area designed as subject to flooding from the base flood (100 year flood) on the "flood boundary and floodway map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Zoning Department.
(80) FLOODWAY. The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1') foot. As used in this Planning and Zoning Code, the term refers to that area designated as a floodway on the "flood boundary and floodway map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Zoning Department.
(81) FLOOR AREA (GROSS). The total gross area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage. Floor area is synonymous with gross floor area.
(82) FOOD PROCESSING. The preparation, processing, or canning and packaging of food products.
(83) FRONTAGE. All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
(84) FRONT LINE OF BUILDINGS. The line of the face of the building nearest the front lot line.
(85) FRONT LOT LINE. That boundary of a lot which abuts a public street, or where no public street exists, abuts a private road. On a "through lot" both street lines are deemed to be front lot lines.
(86) FRONT YARD. The area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed for each zoning district. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. On corner lots, the front yard shall be the yard which abuts on the narrowest street frontage on the lot.
(87) FUNCTIONAL EQUIVALENT FAMILY. A collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing non-transient domestic character and who are living and cooking as a single nonprofit housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or terms or other similar determinable period.
(88) GRADE. For buildings having walls adjoining one (1) street only. The elevation of the sidewalk at the center of the wall adjoining the street.
A. For buildings having walls adjoining more than one (1) street. The average of the elevation of the sidewalk at the center of all walls adjoining the streets.
B. For buildings having no wall adjoining the street -- the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.
C. Street grade - the elevation of the pavement measured at the centerline intersection of two (2) streets.
(89) GROCERY STORES. Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.
(90) GROUND FLOOR AREA. The area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.
(91) GSF. Gross square feet.
(92) HEIGHT OF BUILDING. The vertical distance measured from the ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
(93) HIGH-VOLUME TRAFFIC GENERATION. Large amounts of traffic generated by an establishment as it relates to traffic flow in the immediate area.
(94) HISTORIC DESIGN REVIEW GUIDELINES: The building construction and building rehabilitation criteria derived from local historical and architectural information and reflecting the Secretary of the Interior's standards for rehabilitation to be used by the Preservation Commission in considering certificate of appropriateness applications.
(95) HISTORIC RESOURCE: A publicly or privately owned building of historic significance, eligible for listing or already listed on the National Register of Historic Places, thus deserving protection.
(96) HISTORIC SIGNIFICANCE: Attributes of a building or district that possess integrity of location, setting, design, materials, workmanship, and association with:
A. Events that have made a significant contribution to the broad patterns of history, or
B. Persons significant in the past,
C. Architectural characteristics of a type, period, or method of construction, or
D. Have yielded or may be likely to yield information in prehistory or history.
(97) HOME. Same as dwelling.
(98) HOME OCCUPATION. Occupations or activity regularly engaged in for personal monetary gain and meeting all of the following standards:
A. The home occupations conducted within a dwelling that is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with residential use. The home occupation is carried on wholly indoors and should be imperceptible from off the premise;
B. Having no signs or displays of any sort in connection with a home occupation;
C. Having no commodities, merchandise or wares of any kind being sold or distributed on the premises;
D. Having only those persons residing on the premises as employees of the home occupation;
E. Having no exterior storage, dumping or burial on the premises of materials or refuse resulting from the operation of the home occupation;
F. Having no equipment or process being used in the home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference that is excessive or otherwise inconsistent with typical residential uses; and,
G. Having no additional parking demand or increase in traffic or congestion in the public right-of-way above that normally experienced in a residential neighborhood.
(99) HOSPITAL. Facilities providing medical or surgical care to patients and offering inpatient (overnight) care.
(100) HOSPITALITY FACILITIES. Lodging facilities with full service dining facilities that may include meeting rooms, conference facilities and other site and building amenities catering to lodging occupants.
(101) HOTEL. An establishment that furnishes lodging and sometimes meals, entertainment and various personal services for the public.
(102) INSTITUTIONAL USE. A use that provides a public service and is operated by a Federal, State or local government, public or private utility, public or private school or college, tax-exempt organization, and/or a place of religious assembly. Examples include: public agency, public safety and emergency services, essential and utility services, cultural, service and religious facilities, public/private health facilities or other similar uses.
(103) JUNK YARD. An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. For the purposes of this Planning and Zoning Code, the term "junk yard" also includes scrap metal processing facilities and salvage yards.
(104) JURISDICTION. The corporate limits of the City of Napoleon, Ohio, and those other areas of jurisdiction authorized by law.
(105) KENNELS. Any lot or premises on which five (5) or more dogs, cats or other household pets, or combination thereof, are either permanently or temporarily boarded.
(106) LAND AREA. When gross, meaning the area contained within the boundaries of a parcel of land; when net, meaning the area contained within the boundaries of a parcel of land after deducting dedicated rights of way or private roads and access easements.
(107) LATTICE. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation.
(108) LABORATORIES. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(109) LIVESTOCK. Farm type animals or poultry kept or raised for use, pleasure or profit, such as chickens, turkeys, pigs, goats, sheep, horses, buffalo, cattle, and the like, kept or raised as one or many.
(110) LOADING AND UNLOADING AREA. That portion of the vehicle accommodation area used to satisfy the requirements of the parking sections of this Planning and Zoning Code.
(111) LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer or ownership or for development. Lot includes the word parcel and when the context demands, the word plat. When the context demands, also means a portion of land.
(112) LOT AREA. The total area circumscribed by the boundaries of a lot, except that:
A. When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and thirty (30') feet from the center of the traveled portion of the street; and,
B. In a residential district, when a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.
(113) LOT COVERAGE. The total ground area of a lot, usually expressed as a percentage of the lot area that is covered, occupied, or enclosed by principal and accessory buildings or structures.
(114) LOT OF RECORD. A lot which is part of a duly recorded plat of a subdivision; or, a parcel of land which has been conveyed by the identical description by deed or record recorded prior to; or, a parcel of land conveyed by a deed or record, if, on the date of the recording of said deed, such parcel met all the requirements of this Planning and Zoning Code or regulations then in effect.
(115) LOW-VOLUME TRAFFIC GENERATION. Small amounts of traffic generated by an establishment as it relates to traffic flow in the immediate area.
(116) MANFACTURED HOME(S). A dwelling unit that:
A. Is not constructed in accordance with the standards set forth in the state or local building code applicable to site built homes; and,
B. Is composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and,
C. Exceeds forty (40') feet in length and eight (8') feet in width, or,
D. Regardless of the above is classified as a manufactured home, Class A, B or C.
(117) MANFACTURED HOME, CLASS A. A manfactured home, also referred to as mobile home, Class A, constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
A. The home has a length not exceeding four (4) times its width; and,
B. The pitch of the home's roof has minimum vertical rise of one (1') foot for each five (5') feet of horizontal run, and the roof finished with a type of shingle that is commonly used in standard residential construction; and,
C. The exterior siding consists of wood, vinyl, hardboard, aluminum, (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the external siding commonly used in standard residential construction; and,
D. A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and,
E. The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the foundation and before occupancy.
(118) MANFACTURED HOME, CLASS B. A manfactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A manfactured home. Also referred to as a mobile home, Class B.
(119) MANFACTURED HOME, CLASS C. Any manfactured home that does not meet the definitional criteria of Class A or Class B manfactured home. Also referred to as a mobile home, Class C.
(120) MANUFACTURED HOME PARK. A residential use in which more than one (1) manufactured home is located on a single lot. Also may mean a mobile home park.
(121) MANUFACTURING, GENERAL. Manufacturing, processing or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described below in the manufacturing, light definition.
(122) MANUFACTURING, LIGHT. Production, processing, assembling, packaging, or treatment of food and non-food products; or manufacturing and/or assembly of electronic instruments and equipment and electrical devices. These facilities should involve limited outside storage of materials, not require federal air quality discharge permits, and be compatible with any contiguous or nearby residential uses because there are few or no offensive nuisance conditions that are detectable from the boundaries of the subject property, such as, but not limited to:
A. Continuous, frequent or repetitive noises or vibrations;
B. Noxious or toxic fumes, odors or emissions;
C. Electrical disturbances; or,
D. Night illumination into residential areas.
E. Exceptions: Noise and vibrations from temporary construction; noise from vehicles or trains entering or leaving the site; noise and vibrations occurring less than fifteen (15) minutes per day; and noise detectable only as part of a composite of sounds from various off-site sources.
(123) MARGINAL ACCESS STREETS. Streets that are parallel to and adjacent to an arterial street and that are designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial streets is not impeded by the direct driveway access from a large number of abutting properties.
(124) MASSAGE/ RELAXATION ESTABLISHMENT - An establishment that for profit uses touch through rubbing or kneading of parts of the body to aid circulation, relax the muscles, or provides sensual stimulation or therapy; or, an establishment that through other means such as fragrance, provides a means for relieving stress.
(125) MASTER PLAN. The plan of the City, or any of its parts, for the orderly development of the City, including all parts thereto, including the Thoroughfare Plan. Also, may include the Official Zone Map. To the extent permitted by law, means the most current adopted Master Plan. Master Plan as used in this Planning and Zoning Code also means the City's Comprehensive Plan.
(126) MICROWAVE RECEIVING ANTENNA. A dish shaped device greater than thirty-nine (39") inches in diameter designed to receive signals transmitted from ground mounted transmitters.
(127) MINIMUM LOT AREA. That area of a lot in any zoning district, exclusive of the area of any street, road, or access easement on or across such lot.
(128) MONOPOLE. A support structure constructed of a single, self supporting hollow metal tube securely anchored to a foundation.
(129) MORTUARIES. An establishment providing services such as preparing the human dead for burial and arranging and managing funerals and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums and columbariums.
(130) MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed primarily for use by tourists and that furnishes customary hotel services.
(131) MULTI-FAMILY DWELLINGS. A multi-family residential use other than a multi-family conversion or multi-family townhouse.
(132) MULTI-FAMILY CONVERSION. A multi-family dwelling containing not more than four (4) dwelling units and which results from the conversion of a single building containing at least two thousand square feet of gross floor area that was originally designed, constructed, and occupied as a single-family dwelling.
(133) NEIGHBORHOOD BUSINESS LESS THAN 10,000 SQUARE FEET. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages and limited household supplies. Neighborhood stores does not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and small retail outlets.
(134) NEIGHBORHOOD UTILITIES FACILITIES. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
(135) NOISE. Any sound that annoys, endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.
(136) NONCONFORMING LOT. A lot existing on or before the effective date of this Planning and Zoning Code (and not created for the purposes of evading the restrictions of this Planning and Zoning Code) that does not meet the minimum area requirement of the district in which the lot is located.
(137) NONCONFORMING PROJECT. Any structure, development or undertaking that is incomplete on the effective date of this Planning and Zoning Code and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
(138) NONCONFORMING USE. An existing use of land or building which fails to comply with the requirements set forth in this Planning and Zoning Code applicable to the district in which such use is located or, a situation that occurs when, on the effective date of this Planning and Zoning Code, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming use may arise because a lot does not meet minimum square footage/acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such case matters as density and setback requirements) is not in conformity with this Planning and Zoning Code, or because land or buildings are used for purposes made unlawful by this Planning and Zoning Code. Nonconforming signs, unless specific to an overlay district, are not regarded as nonconforming uses for purposes of this Planning and Zoning Code, but are governed by provisions of Chapter 1335.
(139) NURSERY/GREENHOUSE. A space, building or structure, or combination thereof, for the storage of live trees, shrubs, flowers or plants offered for retail sale on the premises including products used for gardening or landscaping.
(140) NURSING CARE INSTITUTION. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine (9) persons.
(141) OFFICE. A building or part thereof where a professional person conducts his or her professional business, or where it is the directing headquarters of a business or enterprise, having work such as clerical, bookkeeping, records, or consulting.
(142) OIL AND GAS WELLS. Any perforation through the earth's surface designated to find and release both petroleum oil and gas hydrocarbons.
(143) OPEN SPACE. The total horizontal area of a lot excluding the building area, but including parking areas and recreational areas.
(144) ORIGINAL PLANNING AND ZONING CODE. Means the Zoning Code in existence prior to July 17, 1995 or any amendment thereto that existed prior to July 17, 1995.
(145) OUTSIDE STORAGE. Any premises not indoors used for the temporary storage of household goods or personal items which is placed on a site for the use of the occupants of a dwelling or building for a limited period of time.
(146) PARKING SPACE. A portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.
(147) PERMITTED USE(S). Permitted use(s) are those allowed as of right and as expressly permitted by this Planning and Zoning Code, provided the landowner meets all other local, state and federal requirements.
(148) PERSON. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.
(149) PERSONAL SERVICES. An establishment or place of business primarily engaged in the provisions of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and nail salons, licensed massage establishment, barbershops, shoe repair shops, tailor shops, laundromats and dry cleaners.
(150) PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. §332(c)(7).
(151) PLANT CULTIVATION. The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses, but not including such plant cultivation as is conducted on residential properties for the primary benefit of the resident family.
(152) PLANNED APARTMENT DEVELOPMENT (PAD). A development constructed on a tract of land of a minimum acreage requirement and developed as a multi-apartment complex.
(153) PLANNED CLUSTER DEVELOPMENT (PCLD). A development constructed on a tract of land of a minimum acreage requirement and having a minimum number of dwelling units contained within and having a minimum number of principal buildings.
(154) PLANNED COMMERCIAL DEVELOPMENT (PCD). A development constructed on a tract of land of a minimum acreage requirement and having a minimum number of principal buildings and a maximum number of commercial establishments within a single building.
(155) PLANNED DEVELOPMENT (PD). A Planned Apartment Development, Planned Cluster Development, Planned Commercial Development, and Planned Residential Development.
(156) PLANNED RESIDENTIAL DEVELOPMENT (PRD). A development constructed on a tract of not less than five (5) acres of land under single ownership, planned and developed as an integral unit, and consisting of single-family detached dwellings combined with either two (2) family dwellings or multi-family dwellings, or both, all developed in accordance with Section 1143.06.
(158) PLANNING COMMISSION. The Planning Commission of the City of Napoleon, Ohio.
(159) PLANNING JURISDICTION. The area within the City's corporate limits as well as the area beyond the City's corporate limits within which the City is authorized to plan for and regulate development.
(160) PLAT. A map or chart of a tract or parcel of land.
(161) PRESERVATION COMMISSION. A Preservation Commission established pursuant to Chapter 181 of the Codified Ordinances having certain specified powers and duties.
(162) PRESERVATION DISTRICT. Clearly identified area(s) designated on the Official Zone Map that contain a significant concentration of historic resources.
(163) PRINCIPAL BUILDING. The primary building on a lot or a building that houses a principal use.
(164) PRINCIPAL USE. The main use of land or buildings as distinguished from a subordinate or accessory use.
(165) PRINTING. An establishment in which the principal business consists of duplicating and printing services using photography, blueprint, or offset printing equipment, including publishing, binding and engraving.
(166) PRIVATE ROAD. A private drive or thoroughfare other than a street or alley permanently reserved in order to provide a means of access to a zoning lot.
(167) PROPERTY LINES. The lines bounding a zoning lot.
(168) PUBLIC SERVICE FACILITY. Any building held, used, or controlled exclusively for public transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police, and emergency systems or facilities, parks and recreation, electric utilities, gas utilities, cable facilities, or other public utilities.
(169) PUBLIC/PRIVATE UTILITY. A person, firm, or corporation, municipal department, board or commission duly authorized to furnish and furnishing under governmental regulations to the public: gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.
(170) PUBLISHING. A commercial printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods including, but not limited to, off-set printing, lithography, web offset, flexographic and screen process printing.
(171) PURELY RESIDENTIAL STRUCTURES. For the sole purpose of Chapter 1138, dwellings used exclusively for residential purposes.
(172) REAR LOT LINE. That boundary of a lot which is most distant from, and is most nearly parallel to, the front lot line.
(173) REAR YARD. The space area extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.
(174) REASONABLE ACCOMMODATION USE. Provisions for providing housing opportunities suited to the needs of persons entitled to housing accommodations under law.
(175) RECREATIONAL VEHICLES/ EQUIPMENT OUTDOOR SALES. An establishment that sells or stores for sale, in the open, vehicles or equipment used or designed for recreation.
(176) RECYCLING CENTER. Any place in which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition, and is owned, possessed, collected, accumulated, dismantled, or sorted, including, but not limited to, used or salvaged metals, paper, glass, plastic, rubber, and the associated processing equipment.
(177) REPAIR SERVICES, CONSUMER. Provisions of repair services to individuals and households, but not to firms. Excludes vehicle sales and service uses. Typical uses include appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.
(178) RESTAURANT CARRY-OUT ONLY. A restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption off the premises.
(179) RESTAURANT DRIVE-IN. A restaurant at which any patrons are served from a drive-by window or while within a motor vehicle or where food is consumed within the motor vehicle on the premises.
(180) RESTAURANT FAST FOOD. A restaurant at which patrons are served from a counter and the food or beverage is served in disposable containers or wrappers for consumption on or off the premises.
(181) RESTAURANT FULL SERVICE. An establishment maintained, operated, and/ or advertised or held out to the public as a place where food and beverages are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches or stools.
(182) RESTAURANT OUTDOOR CAFÉ. An outdoor service area as a part of a restaurant.
(183) RETAIL BUSINESS. Businesses involved in the sale, lease or rent of new or used products to the general public. This excludes animal services, business equipment sales and services, construction sales and services, food and beverage retail sales, gasoline and fuel sales and vehicle sales and service. Typical uses include department stores, drug stores, apparel stores and furniture stores.
(184) ROAD. All ways used to provide motor vehicle access to (i) two (2) or more lots; or, (ii) two (2) or more distinct areas or buildings in developments. As used in this Planning and Zoning Code, may mean depending on the contexts used, either private or public road.
(185) ROOMING HOUSE. A residential use, where meals are not provided to its residents, consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A rooming house is distinguished from a boarding house in that meals are not provided to its residents.
(186) SALVAGE YARD. An establishment or place for the purpose of selling salvage motor vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal. For the purpose of this definition "salvage yard" also means junk yards and scrap metal processing facilities.
(187) SATELLITE ANTENNA. A dish-shaped device greater than thirty-nine (39") inches in diameter designed to receive signals transmitted from orbiting satellites. Also, an antenna of any size greater than thirty-nine (39") inches in diameter, shape or description designed for the purpose of receiving microwave transmissions from satellites.
(188) SCRAP METAL PROCESSING FACILITIES. Establishments or places having facilities processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes. For the purpose of this definition "scrap metal processing faclities" also means junk yards and salvage yards.
(189) SCREENING. Acceptable things or material that adequately protects against injury or danger, or when the context demands, acceptable things or material that adequately shields the view from others.
(190) SECRETARY OF THE INTERIOR'S STANDARDS. Ten standards first developed by the Department of the Interior to evaluate proposed treatments of historic properties and to ensure that work affecting a historic property would be consistent with the character of the building and the district in which it is located.
(191) SELF- SERVICE STORAGE. A facility designed and used for the temporary storage of household goods or personal items which is placed on a site for the use of the occupants of a dwelling or building for a limited period of time.
(192) SEMI-TRUCK VEHICLES. Are truck tractors designed to pull a freight trailer.
(193) SERVICE STATION. A building or premises used for the retail sale of fuel (stored only in underground tanks and to be dispensed from fixed equipment), lubricants, air, water and other commodities designed for motor vehicles, aircraft and boats. Such an operation includes space and facilities for selling, installing, or adjusting tires, batteries, parts and accessories within a completely enclosed building provided that such repair and installation are of minor auto repair nature and may include accessory convenience store merchandise primarily sold to patrons purchasing gasoline and/or services.
(194) SEXUALLY ORIENTED BUSINESS. A business establishment providing entertainment or products of a sexual nature.
(195) SHOPPING CENTER. A single piece of real estate containing more than three (3) commercial establishments and a total business space of more than three thousand two hundred (3,200) square feet planned, constructed and managed as a total entity with customer and employee parking provided on site.
(196) SIDE LOT LINE. Any boundary of a lot which is not a front lot line or a rear lot line.
(197) SIDE YARD. The space area between the main buildings and the side line of the lot and extending from the required front yard building setback line to the required rear yard building setback line and being the minimum horizontal distance between a side lot line and the side of the main buildings, or any projections thereto.
(Ord. 042-13. Passed 10-21-13.)
(197.1) SPECIALIZED ANIMAL RAISING Shall be defined as the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; and the stabling and care of horses, animal kennels, pigeon raising and raising of any other domestic animals or birds of a similar nature.
(Ord. 036-17. Passed 6-5-17.)
(198) STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.
(199) STREET. A right-of-way, dedicated to and accepted for the public use or, declared as such by a governmental authority having ownership or control thereof, which affords the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place, or other appropriate name. A street may also be identified according to type of use, as follows:
A. ARTERIAL STREETS. Those streets designated in the Thoroughfare Plan for large volumes of traffic movement. Certain arterial streets may be classified as business streets to serve congested business sections, and others as limited access highways to which entrances and exits are provided only at controlled intersections, with access denied to abutting properties.
B. FEEDER STREETS. Those streets designated in the Thoroughfare Plan as important streets to facilitate the collection of traffic from residential streets, to permit circulation within neighborhood areas and to provide convenient ways for traffic to reach arterial streets.
C. RESIDENTIAL STREETS. Those streets not designated in the Thoroughfare Plan as arterial or feeder streets. When they are designed for the primary purpose of providing access to abutting property on one (1) side only, they are identified as marginal access streets. Another type of residential street is a cul-de-sac.
D. LOCAL STREET. A street that has a sole function to provide access to abutting properties. It serves or is designed to serve at least ten (10) but not more than twenty-five (25) dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day.
(200) STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.
(201) STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof.
(202) SUBDIVIDER. Any person engaged in subdivision of land within the jurisdiction of the City.
(203) SUBDIVISION.
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two (2) or more parcels, sites, or lots, any one (1) of which is less than five (5) acres for the purpose, whether immediate or future; or,
B. The improvement of one (1) or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land, for the opening, widening, or extension of any street, except private streets or private roads serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
(204) SUBDIVISION, MINOR. A subdivision that does not involve any of the following:
A. The creation of more than a total of three (3) lots; or,
B. The creation of any new public streets.
(205) TECHNICALLY SUITABLE. The location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
(206) TELECOMMUNICATION(S). The technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or magnetic systems and includes the term "personal wireless services".
(207) TEMPORARY EMERGENCY CONSTRUCTION, OR REPAIR DWELLING. A dwelling (Which may be a manfactured home) that is:
A. Located on the same lot as a dwelling made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or,
B. Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.
(208) THROUGH LOT. A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot.
(209) THOROUGHFARE PLAN. A part of the master plan, which sets forth the location, alignment, dimensions, identification, and classification of existing and proposed public streets, highways, and other thoroughfares.
(210 ) TOURIST HOME. A building in which one (1) but not more than five (5) rooms are used to provide or offer overnight accommodations to transient guests for compensation.
(211) TOWER. Any structure typically higher than its diameter and high relative to its surroundings having a principal function to support an antenna, windmill or other fixed object.
(212) TRACT. A lot (see lot). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one (1) "tract" is subdivided into several "lots".
(213) TRANSPORT & TRUCKING. Any premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading and unloading goods.
(214) TRAVEL TRAILER. A structure that:
A. Is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and,
B. Is designed for temporary use as sleeping quarters but that does not satisfy one (1) or more of the definitional criteria of a manfactured home.
(215) USE. The activity or function that actually takes place or is intended to take place on a lot.
(216) USE PERMIT. A permit that may be issued by the City which authorizes the recipient to make use of property in accordance with the requirements of this Planning and Zoning Code as well as any additional requirements imposed by the City, commonly referred to as a "conditional" use permit.
(217) UTILITY FACILITIES. Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by (the appropriate provision of state law) and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures declared in this Planning and Zoning Code to be a permissible use.
(218) VARIANCE. A grant of permission by the applicable zoning administrator, board, or commission, or Council, that due to hardship or when in the best interest of the community, authorizes the recipient to do that which, according to the strict letter of this Planning and Zoning Code, the recipient could not otherwise legally do. A variance should not to be construed to mean a conditional use permit.
(219) VEHICLE(S). Means every device, in, upon, or by which any person or property may be transported or drawn upon a highway, except motorized wheelchairs, devices moved by power collected from overhead electric trolley wires or used exclusively upon stationary rails or tracks and devices other than bicycles moved by human power.
(220) VEHICLE ACCOMMODATION AREA. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.
(221) VIBRATION. Earthborne vibrations from any operaton, activity, or land use.
(222) WAREHOUSING. Wholesale, storage and warehousing services within enclosed structures.
(223) WHOLESALE BUSINESS. A business that sells products meant for resale by the purchaser.
(224) WIND GENERATOR (TURBINE). A device which is placed outside of a structure that is used for the generation of electricity through the use of propellers or turbine blades or, which means a wind operated device used to generate electricity or produce water acting on oblique vanes or sails that radiate from a horizontal shaft; also may include a windmill.
(225) WIRELESS TELECOMMUNICATION ANTENNA OR "ANTENNA" OR "ANTENNA ARRAY". As used in Section 1127.21, means the physical device or array of physical devices through which an electromagnetic, wireless telecommunication signal authorized by the FCC is transmitted or received. Antennas used by amateur radio operators are excluded from this definition as it relates to Section 1127.21 of this Planning and Zoning Code.
(226) WIRELESS TELECOMMUNICATION EQUIPMENT SHELTER OR "EQUIPMENT SHELTER". As used in Section 1127.21, means the structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(227) WIRELESS TELECOMMUNICATION FACILITY OR "FACILITY". As used in Section 1127.21, means a facility consisting of the equipment, towers, and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.
(228) WIRELESS TELECOMMUNICATION TOWER OR "TOWER". As used in Section 1127.21, means any structure, other than a building, that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
(229) WHOLESALE SALES. On-premises sales of goods primarily to customers engaged in the business of reselling the goods, or an article involved in creating a finished product.
(230) YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portions of a structure from the ground upward.
(231) ZONING. To partition land by ordinance into sections which may be reserved for different uses.
(232) ZONING ADMINISTRATOR. Such officer as may be designated from time to time by the City Manager. Such officer who is the administrative officer of this Planning and Zoning Code and who shall, in furtherance of such authority carry out the duties described in the City's Administrative Code; also called "Administrator".
(233) ZONING LETTER. A letter indicating the Zoning Administrator's interpretation or decision regarding any section of this Planning and Zoning Code.
(234) ZONING LOT. 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 on as a unit under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.
(235) ZONE MAP. A map entitled "Napoleon, Ohio, Zone Map 2006", and to the extent permitted by law, any amendments thereto.
(237) ZONING ORDINANCE. A duly passed ordinance related to the zoning of the City.
(238) ZONING PERMIT. A permit issued by the Zoning Administrator that authorizes the recipient to make use of property in accordance with the requirements of this Planning and Zoning Code.
(Ord. 042-13. Passed 10-21-13.)
1105.01 SCOPE AND PURPOSE.
(a) Scope. The provisions of this Planning and Zoning Code shall be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order prosperity, and general welfare. Where this Planning and Zoning Code imposes a greater restriction on the use of a building or premises, or on the height of buildings, or requires larger yards, courts, or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations, or permits, the provisions of this Planning and Zoning Code shall prevail and control.
Unless expressly made lawful, no building, structure, or use which was not lawfully existing at the time of the adoption of the Original Planning and Zoning Code or any amendment thereto, or the adoption of the July 17, 1995 Planning and Zoning Code, or Zoning Code, shall become or be made lawful solely by reason of the adoption of an amendment thereto, and to the extent that, and in any manner, that, such unlawful building, structure, or use is in conflict with the requirements of this Planning and Zoning Code, such building, structure, or use remains unlawful hereunder.
(b) Purpose. The purpose of this Planning and Zoning Code establishes certain districts and regulates the ways in which land can be used and subdivided in order to promote the public health, safety, morals, convenience, order,prosperity, and general welfare. More specific purposes are to:
(1) Promote orderly, beneficial, and future development of the City so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the master plan and land use policies;
(2) Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible uses;
(3) Regulate and restrict the location, bulk, height, design and land coverage of buildings, and area and dimension of lots, yards, and setbacks to protect the character and value of the City's residential, business, industrial, institutional and recreational areas;
(4) Endorse efficient traffic circulation, manage congestion on the streets and improve public safety;
(5) Facilitate the adequate provisions of public utilities and facilities such as schools, recreation facilities, sewer, water, transportation and other public necessities;
(6) Provide regulations, standards, and procedures for the administration, amendment and enforcement of this Planning and Zoning Code; and,
(7) Accomplish the general intent and purpose set forth in each of this Planning and Zoning Code's respective chapters.
(Ord. 074-10. Passed 12-20-10.)
1105.02 ESTABLISHMENT OF CONTROL; FEES.
(a) Administration - General. In addition to Council's administrative powers as it relates to this Planning and Zoning Code, this Planning and Zoning Code shall be administered by:
(1) The Zoning Administrator;
(2) The Board of Zoning Appeals;
(3) Preservation Commission; and,
(4) The Planning Commission.
(b) Zoning Administrator. This Planning and Zoning Code shall be administered and enforced by the Zoning Administrator who shall be subject to provisions of the City's Administrative Code establishing his or her powers and duties.
(c) Public Hearing Fee Schedule.
(1) Forms and fees. Applications and petitions filed pursuant to the provisions of this Planning and Zoning Code shall be filed on the forms provided by the Zoning Administrator, with any necessary exhibits or documents, and shall be accompanied by the filing fees herein specified, which shall be paid to the City and no part of which shall be returnable to the petitioner, applicant, or appellant.
(2) Fee payments. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
(3) Fee schedule for new developments or renovating, not including residential developments. The table below shall reflect the City's fee schedule:
PETITION, APPLICATION, PERMIT OR APPEAL FILING FEE FOR NEW DEVELOPMENTS OR RENOVATIONS, NOT INCLUDING NEW RESIDENTIAL DEVELOPMENTS Certificate of Zoning $ 25.00 Certificate of Completion $ 25.00 Amendment/rezoning $125.00 Variance $125.00 Conditional use $125.00 Administrative appeal $ 50.00 Board of Zoning Appeals hearing $125.00 Approval of an outline development plan $125.00 Approval of the preliminary plan for development plan $125.00 Approval of final plan for development plan $125.00 Approval of any changes in or amendments to changes in preliminary plan $125.00 Fence permit $ 25.00 Shed or garage permit (under 200' sq. ft. detached) $ 25.00 Pool permit $ 25.00 Minor subdivision exception review $ 25.00 Letter of zoning $ 25.00 Application for Preservation Commission $ 25.00 Satellite antenna/microwave receiving antenna or microwave relay equipment permit $125.00 |
(4) Fee schedule for new residential developments. The table below shall reflect the City's fee schedule:
PETITION, APPLICATION, PERMIT OR APPEAL FILING FEE FOR NEW RESIDENTIAL DEVELOPMENT ONLY
Amendment/rezoning | $125.00 |
Variance | $125.00 |
Conditional use | $125.00 |
Administrative appeal | $50.00 |
Fence permit | $25.00 |
Shed or garage permit (under 200' sq. ft. detached) | $25.00 |
Pool permit | $25.00 |
Satellite antenna/microwave receiving antenna or microwave relay equipment permit | $125.00 |
(5) Subdivision fee schedule.
A. The fee for making a reproducible file copy of the plat and recording the approved subdivision plat with the County Recorder shall be $12.00 per page, plus applicable recording fees or as otherwise established by the Henry County Recorder, whichever is greater.
(d) Plat Recording.
(1) No plat or replat of a subdivision of land located within the City shall be recorded by the County Recorder, until it has been approved by the Council in accordance with the regulations of this Planning and Zoning Code.
(2) Construction of streets, sewers, water lines, or other public utilities shall not be permitted until the procedures set forth in Section 1105.08 have been accomplished.
(3) Building permits shall not be issued nor shall any construction work be started until the subdivision has been finally approved by the Council and the plat has been recorded in the office of the County Recorder.
(e) Certificate of Zoning.
(1) Certificate required. No land shall be occupied or used, and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of zoning has been issued by the Zoning Administrator, stating that the use is in compliance with all provisions of this Planning and Zoning Code.
(2) Change in use. No change shall be made in the use of land or the use of any building or part thereof now or hereafter erected, reconstructed, or structurally altered without a certificate of zoning having been issued by the Zoning Administrator. Certificate for change in a use shall not be issued unless the premises is in conformity with the provisions of this Planning and Zoning Code.
(3) Applied for coincidentally. A certificate of zoning shall be applied for coincidentally with the application for a building permit and shall be issued after notification by the applicant thereof that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land has been completed, and an inspection of the premises has been made and approved by the Zoning Administrator.
(4) Record of certificates. A record of all certificates of zoning and occupancy shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(5) Excavation. No building permit shall be issued for excavation or for the erection, reconstruction, or structural alteration of any building before application has been made for a certificate of zoning.
(Ord. 021-18. Passed 5-21-18.)
(f) Violations.
(1) No person shall recklessly violate any provision of this Planning and Zoning Code or any condition or restriction contained in a conditional use permit.
(2) No person shall construct, reconstruct, alter, change, or demolish any exterior feature of any building or structure in violation of the provisions of Chapter 1138, or do things in violation of, or contrary to, any certificate of appropriateness granted by the Preservation Commission.
(3) Complaints. Whenever a violation of this Planning and Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. The Zoning Administrator shall properly record such complaint and immediately investigate. If facts elicited by such investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, then the Zoning Administrator shall file with the City Law Director a complaint against such person requesting action thereon.
(4) Nuisances. Any buildings erected, raised, or converted, or land or premises used in violation of any provision of this Planning and Zoning Code, is declared to be a nuisance, and the owner thereof shall be liable for maintaining a nuisance, which may be restrained or enjoined or abated by appropriate action or proceeding.
(5) Remedies. In addition to any penalty found in Section 1147.99, the Council, Zoning Administrator, or agent thereof, or other aggrieved person may, to the extent permitted by law, institute an action for an injunction, mandamus, or other legal proceeding to prevent a violation of this Planning and Zoning Code, and to abate any illegal condition, or to cause the removal of any illegal changes or alterations by appropriate legal means.
The Zoning Administrator may institute a suit for mandatory injunction directing a person to remove a structure erected in violation of the provisions of this Planning and Zoning Code, or to make the same comply with its terms. If said suit filed on behalf of the City is successful, the respondent shall, to the extent not otherwise prohibited by law, bear the costs of the action, including reasonable attorney fees.
Nothing herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation; moreover, nothing herein shall be construed as to prohibit the Zoning Administrator to enforce this Planning and Zoning Code without a written complaint from a third person.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1105.03 DEFINITIONS. (REPEALED)
1105.04 SUBDIVISION ADMINISTRATION.
The administration of subdivision control shall be the responsibility of the Planning Commission and the Zoning Administrator. In furtherance of such responsibility the Zoning Administrator shall:
(a) Accept applications for subdivision, submit to the Finance Director for collection of applicable fees, and establish appropriate public hearing dates.
(b) Examine plats submitted and inspect premises to be subdivided for compliance with the regulations of this Planning and Zoning Code, Master Plan, and other pertinent ordinances or documents.
(c) Have continuous liaison with the City Engineer for the purpose of planning roads and public utilities to serve the subdivision in question and consider impact on existing and future subdivisions in the same drainage districts.
(d) Have or cause to be maintained permanent records of all actions concerning this chapter.
(e) Forward to the Planning Commission, copies of applications for subdivision, copies of available plats, and other pertinent information for their consideration.
(f) Provide the Planning Commission with written reports and comments on all proposed subdivisions.
(g) Cause to be prepared comprehensive reports of the Planning Commission's recommendations for submission to the Council.
(Ord. 074-10. Passed 12-20-10.)
1105.05 APPLICATION.
Application. Prior to publication of a notice of public hearing for the purpose of subdivision of land within the jurisdiction of the City, the Subdivider shall submit an application to the Zoning Administrator on a form provided by the Zoning Administrator. Such application shall be complete and accompanied by a copy of the proposed subdivision plat and other required information and all applicable fees that are payable to the Finance Director.
(Ord. 074-10. Passed 12-20-10.)
1105.06 VARIANCES AND EXCEPTIONS RELATED TO SUBDIVISIONS.
(a) Variances. Where the subdivider can show that strict adherence to provisions of this chapter would cause unnecessary hardship and where, in the opinion of the Planning Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Planning Commission may recommend a variance. Any variance thus recommended is required to be entered in writing in the minutes of the Planning Commission and the reasoning on which the departure was justified shall be set forth. Notwithtanding any other provision of this Planning and Zoning Code and Chapter 175, when a subdivision plat that includes a request by the subdivider for variances, including, but not limited to dimensional variances, is before the Planning Commission, the Planning Commission shall have authority to recommend approval of the plat with the variances without further necessity of separate approval by the Board of Zoning Appeals, so long as the minimum notification is given pursuant to Section 175.06 of the Codified Ordinances. If the plat is approved by Council, or if the plat should stand as approved by Council, then the variances recommended for approval by the Planning Commission shall be deemed authorized.
(b) Exceptions.
(1) The sale or exchange of parcels of land to or between adjoining property owners or a split of adjoining property by the same owner, where such sale, exchange or split does not create additional buildable lots, or reduce any lot to an area less than required by this Planning and Zoning Code or reduce any front, side, or rear setback of existing buildings to less than required by this Planning and Zoning Code, or create a change in any zoning district, shall be exempt from Planning Commission review, provided that notice of such sale, exchange or split shall be submitted to the Zoning Administrator, along with a survey of the premises. If the survey indicates compliance with this Planning and Zoning Code, and an adequate legal description of the property that is to be transferred is provided, along with other applicable information as required by the Zoning Administrator, then the Zoning Administrator shall in the name of the City sign the survey and release the document for recording upon the payment of the review fee.
(2) The exception clause is intended to be used for the purpose of straightening lot lines between unusually shaped parcels of land or transferring small parcels of land for the convenience of property owners. The Zoning Administrator shall not approve transfer of land which will result in odd or unusual shaped parcels of land or to avoid the subdivision regulations of this chapter.
(Ord. 074-10. Passed 12-20-10.)
1105.07 PRELIMINARY PLAT OF SUBDIVISION.
(a) Purpose. A preliminary plat of subdivision may be submitted to the Planning Commission and Council to gain their conditional approval of a proposed subdivision. Conditions of preliminary plat approval may include but not be limited to compliance with construction standards for streets, sewer, water or other public utilities, change of lot lines, or technical aspects of survey.
(b) Approval Routine. A subdivider may provide a preliminary plat of a proposed subdivision along with a properly completed application to the Zoning Administrator who shall process the application as follows:
(1) Establish a date for public hearing before the Planning Commission and publish notice of public hearing.
(2) Examine plat for compliance with the Master Plan, this Planning and Zoning Code, and other pertinent ordinances or regulations of the City.
(3) Submit the proposed subdivision plat to the City Engineer and other departments of the City administration for review regarding extension of streets and public utilities.
A. The City Engineer shall examine the plat for closure of the boundaries of the subdivision and other technical aspects of survey as described in the “Minimum Standards for Boundary Surveys” as found in Ohio Administrative Code 4733-37.
B. A preliminary plat which does not conform to the allowable error of closure or other items noted in the surveying standards publication shall not be referred to the Planning Commission.
(4) The Zoning Administrator shall promptly communicate to the subdivider any error found during the plat examination.
(5) Prior to the public hearing, the Zoning Administrator shall provide the Planning Commission members with a detailed report on the proposed subdivision. The written report shall also be made available to the subdivider.
(6) Following the public hearing, and upon an affirmative or negative recommendation being made by the Planning Commission, the Zoning Administrator shall immediately transmit to the Council a report of the hearing. The report shall include the Planning Commission's recommendation and the vote of each member regarding the recommendation.
(7) The recommendation of the Planning Commission concerning whether a preliminary plat should be approved or rejected shall stand as if being approved by Council, without Council action, except as follows: Council may reject or modify such recommendation by motion of Council, with two-thirds (2/3) vote of the current members of Council concurring thereto.
Any rejection or modification by Council must be within thirty (30) days of submission of the plat to the Planning Commission by the applicant. The Planning Commission or Council may reject preliminary plat approval if the plat is in violation of any rule, ordinance, resolution or law, or other just cause, and such rejection is made in a timely manner. In case of rejection, the Finance Director or the specific Clerk of Council, if any, shall endorse upon the plat the date of submission of the plat to the Planning Commission citing or referencing the rule, ordinance, resolution or law so violated, or other just cause that resulted in the Preliminary Plat rejection.
"Date of submission" shall be construed as the date when the Planning Commission is first presented with the plat by the Zoning Administrator for consideration of approval. The Zoning Administrator shall present the plat for approval to the Planning Commission without unreasonable delay.
(8) On receiving Council approval of a preliminary plat, the subdivider may proceed with a final subdivision plat with reasonable assurance of final approval after conditions of preliminary plat approval have been met.
(c) Required Information. A preliminary plat of subdivision submitted for consideration by the Planning Commission shall include all the following:.
(1) Each plat shall be drawn to a scale of not more than 100 feet to one inch.
(2) The plat shall indicate the name of the subdivision and also be noted as a preliminary plat.
(3) The plat shall indicate all proposed streets, rights-of-way, easements, and alleys. The subdivider will endeavor to minimize the number of utility easements and alleys within the subdivision.
(4) The plat shall show the boundaries of the entire property proposed to be subdivided and indicate the exact location of all existing permanent buildings, water courses, ravines, or other existing features, pertinent to a well-planned subdivision.
(5) The plat shall show compliance with the regulations of this Planning and Zoning Code, Master Plan, City Engineering Department Rules and Regulations, and other pertinent ordinances.
(6) The plat shall indicate all street rights-of-way being extended to the boundaries of the proposed subdivision.
(7) The plat shall indicate rights-of-way of adjacent property, which have been extended to the subdivision boundary.
(8) The plat shall indicate minimum building setback lines for all lots.
(9) The plat shall bear a certificate for the signature of the registered surveyor and approval certificates. The certificates shall be as noted in Section 1105.12.
(10) The plat shall provide measurements of each lot of the subdivision and perimeter of the subdivision in accordance with the "Measurement Specifications" as found in Ohio Administrative Code 4733-37.
(11) The plat shall indicate iron pins or pipe set at all property corners of lots in a subdivision.
(12) If the project is to be done in phases, concrete monuments shall be placed at the extremities of the improvements of each phase.
(d) Expiration of Preliminary Plat Approval.
(1) Preliminary plat approval shall expire automatically and be considered null and void if, within one year after the issuance of such approval:
A. No substantial construction, erection, alteration, excavation, demolition, or similar work is commenced on the site that is the subject of the preliminary plat; or,
B. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development has been completed on the site. With respect to phased development, this requirement B. shall apply only to the first phase.
(2) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the preliminary plat approval shall immediately expire.
(3) The Zoning Administrator may extend for a period up to six (6) months the date when an approval would otherwise expire pursuant to subsections (d)(1) or (2) of this section if the Zoning Administrator concludes that:
A. The approval has not yet expired; and,
B. The recipient of the preliminary plat approval has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six (6) months upon the same findings. All such extensions may be granted by the Zoning Administrator without resort to the formal processes and fees required for a new preliminary plat approval.
(Ord. 074-10. Passed 12-20-10.)
1105.08 PUBLIC IMPROVEMENT DESIGN AND CONSTRUCTION PROCEDURES.
The Subdivider shall, at his or her own expense, install all streets, street signage, traffic control devices, curb, gutter, a system of storm drains, a system of sanitary sewers, and extend a water distribution system throughout the entire subdivision. It shall also be the responsibility of the Subdivider to install, at his or her own expense, sidewalks, landscaping, or other items noted as part of the conditional approval of the preliminary plat. To the extent permitted by law, additional conditions or requirements of the subdivider may be imposed as they relate to final platting in the event this Planning and Zoning Code or City Engineering Department Rules and Regulations have changed from that point in time that the preliminary plat was approved.
(a) Street, Sewer, and Public Utilities Design Standards.
(1) Prior to any construction, the subdivider shall prepare, submit, and receive approval of drawings and specifications of all public improvements proposed to be installed within a subdivision.
(2) The drawings shall be prepared by a professional engineer registered in the State.
(3) The drawing shall indicate compliance with the standards and specifications for public improvements adopted by the City and shall also be in compliance with the City engineering rules and regulations.
(b) Plan Approval Routine.
(1) The subdivider shall submit four copies of construction plans to the Zoning Administrator, accompanied by the appropriate fees for plan review.
(2) The Zoning Administrator shall then submit two copies of construction plans to the City Engineer for review.
(3) The City Engineer shall review the construction plans submitted for compliance with pertinent ordinances and provide the subdivider and Zoning Administrator with written comment regarding the plan review.
(4) The City Engineer shall, when satisfied that the final improvement drawings meet City regulations, issue a letter of approval to the subdivider and Zoning Administrator. Copies of all review letters and final approval letter shall be placed in the subdivision file.
(c) Construction and Inspection Procedures.
(1) On receipt of the City Engineer's letter of approval of construction drawings, and all other necessary governmental approvals, the subdivider may proceed with installation of improvements in strict conformance with approved plans.
(2) The subdivider shall obtain, at his or her own expense, all permits and licenses required by the City, and any other regulatory agency requiring such permits or licenses prior to proceeding with construction work.
(3) Inspection service. Inspection shall be provided in accordance with the City Engineering Department Rules and Regulations.
(Ord. 074-10. Passed 12-20-10.)
1105.09 FINAL PLAT OF SUBDIVISION.
(a) Purpose. A final plat of subdivision is submitted to gain final approval of the Council and to release the plat for recording in the office of the County Recorder. For the purpose of this section, final plat shall also mean a replat of a final plat.
(b) Approval Routine. Following installation of all public improvements or on submission of bonds or letters of credit described in Section 1105.11, the subdivider may request final approval by providing a final plat to the Zoning Administrator who shall process the request as follows:
(1) Establish a date for public hearing before the Planning Commission and cause to be published notice of public hearing.
(2) Examine the final plat for compliance with the Master Plan, this Planning and Zoning Code, conditions set forth in the preliminary plat approval, City Engineering Rules and Regulations, and other pertinent ordinances or regulations of the City.
(3) Submit a copy of the plat to the City Engineer for comment and recommendation. The City Engineer shall examine this plat for technical aspects of land survey and also determine that public utilities installed or proposed to be installed are located on property dedicated to the City or on properly described easements. The City Engineer shall submit the results of the plat examination to the Zoning Administrator to be included in his or her report to the Planning Commission.
(4) The Zoning Administrator shall promptly communicate to the subdivider any error or objections found in the plat examination.
(5) Prior to the public hearing, the Zoning Administrator shall provide the Planning Commission with a detailed report on the final plat including the report of the City Engineer. At this time the Zoning Administrator shall also assign each lot within the subdivision with a street address number. The report may also be made available to the subdivider.
(6) Following the Planning Commission public hearing, the Zoning Administrator shall immediately transmit to Council, on behalf of the Planning Commission, a report of the hearing for review at the next regularly scheduled Council meeting or at a special meeting called for such purpose. The report shall include the Planning Commission's recommendation and the vote of each member regarding the recommendation.
(7) The recommendation of the Planning Commission concerning whether a final plat should be approved or rejected shall stand as if being approved by Council, without Council action, except as follows: Council may reject or modify such recommendation by motion of Council, with two-thirds (2/3) vote of the current members of Council concurring thereto. Any rejection or modification by Council must be within thirty (30) days of submission of the plat to the Planning Commission by the applicant. The Planning Commission or Council may reject final plat approval if the plat is in violation of any rule, ordinance, resolution or law, or for other just cause, and such rejection is made in a timely manner. In case of rejection, the Finance Director or the specific Clerk of Council, if any, shall endorse upon the plat the date of submission of the plat to the Planning Commission citing or referencing the rule, ordinance, resolution or law so violated, or the other just cause that resulted in the final plat rejection.
"Date of submission" shall be construed as the date when the Planning Commission is first presented with the plat by the Zoning Administrator for consideration of approval. The Zoning Administrator shall present the plat for approval to the Planning Commission without unreasonable delay.
(8) On receipt of Council approval of a final plat, the Zoning Administrator shall make reproducible copies of the signed final plat and shall have the original recorded in the office of the County Recorder.
(c) Required Information. A final plat of subdivision submitted for consideration of the Planning Commission shall include all the following:
(2) The plat should show concrete monuments placed at all exterior corners of the boundary of the development, at the intersections of all proposed streets and at the point of intersection of all curves.
(3) The final plat shall indicate names for all public streets. Such names shall not be the same or excessively similar to other unrelated streets. Extensions of existing streets shall bear the name of the street so extended. All street names shall be subject to Planning Commission approval.
(4) The final plat shall be provided with a certificate block for dedication of any land proposed to be dedicated or reserved for public use. The certificate shall be as substantially in the form as found in Section 1105.12.
(Ord. 074-10. Passed 12-20-10.)
1105.10 MINOR SUBDIVISION.
(a) Purpose. To provide a means to expedite approval of small subdivisions of land which have existing public utilities adjacent to each lot and no additional public water or sewer lines need be installed or extended.
(b) Approval Routine. A minor subdivision may be submitted to the Planning Commission and Council as a final plat without previous preliminary or conditional approval by providing a final plat to the Zoning Administrator who shall process the request with the following procedures set forth in Section 1105.09(b) which shall be the regulations of this section.
(c) Required Information. A final plat of minor subdivision submitted for consideration of the Planning Commission shall include the following:
(2) The plat shall indicate or a survey shall be submitted describing the exact location of all existing buildings or structures on the premises.
(Ord. 074-10. Passed 12-20-10.)
1105.11 BOND; CONTRACT DOCUMENTS; INSURANCE.
(a) Purpose. This section is designed as a means by which a subdivider may receive the Council's final approval of a subdivision, have the plat recorded and transfer lot ownership prior to installation of required public improvements as shown on the plat and plans.
(b) Approval Procedure. Following receipt of the City Engineer's approval of all public improvement plans and specifications as required in Section 1105.08, the subdivider may request approval of the final plat by submitting a final plat together with a performance agreement and a performance bond or letter of credit assuring the installation of required public improvements, to the Zoning Administrator who shall process the request as follows:
(1) Request the City Engineer to examine the design engineer's estimate of cost of all proposed public improvements and approve or disapprove the estimate.
(2) Request the City Engineer to examine contract documents for construction of all public improvements as shown on the plat and plans and approve or disapprove the same. All contracts for construction of the improvements shall require the contractor to have liability insurance holding the City completely harmless from any and all liability for personal injuries suffered or property damages incurred relating to and during the construction of the improvements.
(3) Submit the performance agreement and performance bond or letter of credit assuring installation of required public improvements to the City Law Director together with the City Engineer's written comments regarding the cost estimate and construction contracts.
A. The performance agreement and bond or letter of credit shall assure installation of all public improvements shown on the plat or plans within a specified time period and include provisions, if any, for extension of the time limit. Any performance bond shall be in an amount at least equal to the cost estimate for the improvements as approved by the City Engineer. Any letter of credit shall provide for written City approval of all disbursements until the improvements are completely installed.
B. The City Law Director shall examine the documents as to form and content and advise the Zoning Administrator whether or not to proceed with the final plat approval procedure.
C. If the City Law Director approves all of the required documents, he or she shall so advise Council during their consideration of the final plat.
(4) On full compliance with the procedure as set forth above in divisions (b)(1), (2), and (3), the Zoning Administrator shall proceed with normal approval under 1105.09(b). (Ord. 074-10. Passed 12-20-10.)
1105.12 CERTIFICATES.
All plats of subdivision shall bear all certificates appropriate to the particular subdivision. Certificates shall be worded substantially in the following manner:
(a) Surveyor's Certificate.
I hereby certify that this plat represents a survey made by me, and that specified concrete monuments shown thus ( ) actually exist and their location is correctly shown. Dated: __________ By __________ Registered Surveyor No. __________ or, SURVEYOR'S CERTIFICATE I hereby certify that this plat represents a survey made by me, and that specified concrete monuments will be placed where shown ( ) within one year of the acceptance of this plat. Date: __________ By __________ Registered Surveyor No. __________ |
(b) Planning Commission Certificate.
Under authority provided by Ohio R.C. Chapter 711 and Chapter 1105 of the Napoleon Codified Ordinances, the plat is hereby approved by the Planning Commission of the City of Napoleon. Date: __________ Chairman __________ Clerk of Council __________ |
(c) City Council Certificate.
Under authority provided by Ohio R.C. Chapter 711 and Chapter 1105 of the Napoleon Codified Ordinances, the plat is hereby approved by the City Council of the City of Napoleon. Date: __________ Mayor __________ Attest: Clerk of Council __________ |
(d) Dedication Certificate.
(1) The undersigned, __________ owner(s) of the real estate described herein, do hereby dedicate to the City of Napoleon all rights of way, streets, alleys, easements or other areas described or indicated as dedicated on the plat. Owner __________ Owner __________ STATE OF __________ : SS COUNTY OF : Be it remembered, that on this ___ day of _______________, ______, before me a notary public in and for the State of ________, personally appeared the owner(s) ______________________, ___________________________, the grantor(s) in the foregoing instrument, who acknowledged that he/she/they/it did sign the same, and that the same is grantor's free act and deed. In testimony whereof, I have hereunto subscribed my name and affixed my official seal at Henry County, Ohio on the day and year aforesaid. (SEAL) ____________________________________ NOTARY PUBLIC, STATE OF ________ MY COMMISSION EXPIRES: |
(2) Release of Dower (When Applicable) In witness whereof: ___________________, _____________________, the spouse(s) of the owner(s), ____________, do/does hereby release all rights of dower for this dedication this __________ day of _____________________, _____. ___________________________________ (Spouse) ___________________________________ (Spouse) STATE OF _______: COUNTY OF _____: SS Be it remembered, that on this ___ day of _______________, ______, before me a notary public in and for the State of ________, personally appeared the spouses of the owner(s) in the foregoing instrument, who acknowledged that he/she/they/it did sign the same, and that the same is spouse(s) free act and deed. In testimony whereof, I have hereunto subscribed my name and affixed my official seal at Henry County, Ohio on the day and year aforesaid. (SEAL) ____________________________________ NOTARY PUBLIC, STATE OF ________ MY COMMISSION EXPIRES: |
(e) City Engineer Certification (When Applicable)
In accordance with Ohio R.C. 711.08, the undersigned, being the Engineer for the City of Napoleon, Ohio hereby certifies that the streets as laid out on the plat of such addition correspond with those laid out on the recorded plats of the Planning Commission. City Engineer _____________________ |
(Ord. 074-10. Passed 12-20-10.)
1105.13 ACCEPTANCE OF IMPROVEMENTS.
(a) Purpose. To provide for acceptance of title by the City, of any street, sewer, water line, or other public improvements.
(b) Approval Routine. Following installation of all public improvements, the Subdivider or developer when no subdivision is required, may request that the City accept title to the improvements and grant final subdivision approval or release performance bonds. On receipt of "as built" construction drawings from the Subdivider or developer, the Zoning Administrator shall process the request in the following manner.
(1) Request the City Engineer to prepare a report stating that improvements have been installed and tested in accordance with good engineering practice.
(2) If the request for public improvement acceptance includes a request for approval of the final plat, the procedures set forth in Section 1105.09(b) shall be followed.
(3) If the request for public improvement acceptance includes a request for release of bonds or letters of credit, the City Law Director shall be requested to report to the Council regarding appropriate action necessary for the release of documents.
(4) The Zoning Administrator shall submit a report to the Council certifying that the procedures described in this chapter have been followed, along with the City Engineer’s and City Law Director’s report.
(5) The Council may accept or reject title to the public improvement. Acceptance of the improvement shall be made by resolution of the Council and the resolution shall contain the terms or conditions under which the acceptance is made. Prior to acceptance any mainenance bond, as may be required by the City Engineering Department Rules and Regulations, shall be posted.
(Ord. 074-10. Passed 12-20-10.)
(Ord. 074-10. Passed 12-20-10.)
1105.14 ACCEPTANCE OF DEDICATION PLATS.
Plats submitted to the City for mere dedication of public streets, alleys, rights-of-way and/or infrastructure may be excepted from Planning Commission review and submitted directly to Council for approval, subject to the City Engineer's approval as to the items being dedicated and subject to the posting of bonds as may be required.
(Ord. 074-10. Passed 12-20-10.)
1105.15 PLAT ALTERATION OR VACATION.
(a) In lieu of the procedure authorized by Chapter 711 of the Ohio Revised Code regarding alteration or vacation of a plat within a municipality, two-thirds of the owners of land described in a plat of the City, or by their authorized representatives or attorneys, may petition by application to the Planning Commission to alter or vacate the plat of the City, addition thereto, or parts thereof.
(b) The procedure for altering or vacating a plat shall be the same as that found in Section 1105.09 of the Codified Ordinances, as applicable, and shall be construed as petitioning for final plat approval.
(c) The City shall not vacate any part of a state or county highway, unless the State or County by and through its authorized agent is a petitioner.
(Ord. 074-10. Passed 12-20-10.)