This Ordinance shall be known and may be cited as the "Zoning Ordinance of the Village of New Albany, Ohio." Unless otherwise provided herein or by the law or implication required, the same rules of construction, definition, and application shall govern the interpretation of the Ordinance as those governing the interpretation of the Ohio Revised Code.

This Zoning Ordinance is adopted to promote and protect the public health, safety, comfort, prosperity and general welfare by regulating and limiting the use of land areas and building and the erection, restoration and alteration of buildings and the use thereof for residential, business and industrial purposes; to regulate the area dimensions of land, yards and open spaces so as to secure adequate light, air and safety from fire and other dangers; to lessen or avoid congestion in the public streets; to regulate and restrict the bulk, height, design, percent of lot occupancy and the location of buildings; to protect the character of the existing agricultural, residential, business, industrial, and institutional areas and to assure their orderly and beneficial development; to provide for the orderly growth and development of lands, and for the purpose of dividing the Municipality into various districts.

The provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of public health, safety, and the general welfare. It is not intended that this Ordinance shall interfere with, abrogate, or annul any easements, covenants, or other agreements between parties unless they violate this Ordinance. When two (2) specific provisions of this Ordinance, or a provision of this Ordinance conflicts with any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall apply.

The provisions hereof are cumulative and additional limitations on all other laws and ordinances heretofore passed or which may be hereafter passed governing any subject matter of this Ordinance. Nothing herein shall be deemed or constructed to repeal, amend, modify, alter or change any other ordinance or any part hereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as the Zoning Ordinance is more restrictive than such other ordinances or parts thereof and that in all particulars wherein the Zoning Ordinance is not more restrictive, each such other ordinance shall continue and shall be in full force and effect.

The regulations set forth in this Zoning Ordinance shall be applicable to all buildings, structures, uses and land of any political subdivision, district, taxing unit or bond-issuing authority located within the corporate limits of the Village of New Albany.

The invalidation of any clause, sentence, paragraph, or section of this Ordinance by a court of competent judgment shall not affect the validity of the remainder of this Ordinance either in whole or in part.

For the purpose of this Zoning Ordinance, certain terms and words are to be defined as found in this chapter. Words and terms specifically defined carry their customarily understood meanings. Words used in the present tense include the future tense. The singular form shall include plural and plural shall include singular. The word "shall" is intended to be mandatory. "Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

Specific terms related to swimming pools, signs, landscaping, and matters specific to the Technology Manufacturing District (TMD) zoning district classification are defined within the specific sections of the Zoning Ordinance where those requirements are found.

(Ord. 08-2006. Passed 9-5-06; Ord. O-04-2022. Passed 3-1-22.)

As used in this Zoning Ordinance, the following terms shall be defined as follows:

(a)

"Accessory use" means a use subordinate, secondary, incidental to, and customary in connection with the principal building or use and located on the same lot as the principal building or use.

(b)

"Accessory building" or "accessory structure" means a building or structure occupied by an accessory use.

(c)

"Administrative and business offices" means offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.

(d)

"Agriculture" means the use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, as further defined and specified in Section 1129.02.

(e)

"Alley" means a public right-of-way ten (10) to twenty (20) feet wide which provides only secondary means of access to abutting property.

(f)

"Appurtenance" means something that belongs to or goes with another thing.

(g)

"Basement" means a story whose floor level is two (2) feet or more below grade level, but having less than half its clear height above grade level.

(h)

"Building" means a structure permanently affixed to the land with one or more floors and a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property.

(1)

"Height of building" means:

A.

The vertical distance from the average existing grade level around the foundation of the new work to the highest point of the coping of a flat roof or mansard roof or to the top of the highest ridge line of gable, hip or gambrel roofs on the new work. The average existing grade level is determined by measuring at four (4) specific points around the foundation, as follows: two (2) front corners and two (2) rear corners.

B.

For new work not requiring a grading plan and spot elevations, building height shall be determined by measuring from the average existing contact ground level for each building elevation to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the top of the highest ridge line for gable, hip or gambrel roofs on that building elevation. The highest as measured for each building elevation shall then be combined and divided by the number of measurements taken to determine the height of the building in relation to this subsection.

(2)

"Building line" means the front yard setback line established by this Zoning Ordinance generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located as provided by this Zoning Ordinance.

(3)

"Principal building" means a building in which is conducted the main or principal use of the property on which such building is located.

(i)

"Business day" means any full business day (i.e., 8:00 a.m. to 5:00 p.m.) other than Saturday, Sunday, or a holiday during which the City's offices are closed. For purposes of measuring business days with regard to timing of reviews of applications under this Zoning Ordinance, the first business day of such a review period shall be the first full business day after an application is received by the City.

(j)

"Business services" means any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.

(k)

"Cemetery" means land used or intended to be used for the burial of human dead.

(l)

"Certificate of occupancy" means a certificate issued by the Zoning Inspector, pursuant to Section 1109.09, confirming that the requirements of this Zoning Code have been met, and the building can be occupied.

(m)

"Clinic, human" means an establishment where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.

(n)

"Common ownership" means ownership of two (2) or more parcels by the same owner or by one (1) owner and an affiliated person or entity of that owner.

(o)

"Conditional use" means an uncommon or infrequent use which may be permitted in specific zoning districts subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in Chapter 1115.

(p)

"Data center" means real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the data center, data and transaction processing services, outsource information technology services and computer equipment colocation services, or, used primarily to provide, to a single user, including the user's affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services.

(q)

"Design Guidelines and Requirements (DGRs)" means the building, construction and design standards that apply to any environmental change within the City of New Albany. The Design Guidelines and Requirements shall have the force and effect of law.

(r)

"Director" means the City's Director of Community Development.

(s)

"Drive-through facilities" mean a designated place, in conjunction with a retail or service establishment, from which persons can conduct the major portion of their business without leaving their motor vehicle.

(t)

"Dwelling" or "residence" means any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.

(1)

"Multiple-family dwelling" or "multiple-family residence" means a building designed or used as a residence for three (3) or more families living independently and doing their own cooking therein.

(2)

"Single family dwelling" or "single family residence" means a building designed for or occupied exclusively by one (1) family.

(3)

"Two-family dwelling" or "two-family residence" means a building designed for or occupied exclusively by two (2) families living independently.

(u)

"Essential services" means 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, conduits, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings.

(v)

"Failure of delivery" means that a particular notice was not received, due to circumstances beyond the control of the City, and does not include the lack of mailing of the subject notices in the matter specified in the Zoning Code.

(w)

"Floor area" of a building means the sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. "Floor area" shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.

(x)

"Frontage" or "lot frontage" means that portion of the lot that directly abuts the street, and has direct access thereto. "Lot frontage" shall be measured along the minimum building setback line for the district within which such lot is located.

(y)

"Garage, private" means a building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.

(z)

"Gasoline service station" means any building or land used for the sale, offering for sale, and/or dispensing of any vehicular fuels, oils or accessories, including the lubrication of automobiles or motor vehicles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repair, or painting and finishing.

(aa)

"Gross density" means a unit of measurement of the number of dwelling units per acre of land divided by the total number of dwelling units within the particular project, development or subdivision excluding all dedicated public streets therein.

(bb)

"Home occupations" means any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling's residential use. A home occupation must meet the standards and requirements specified in Section 1165.09.

(cc)

"Hospital" means a building or structure containing beds for at least four (4) patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.

(dd)

"Hotel" or "motel" means a building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house operated on a membership basis.

(ee)

"Institution" means an organization providing social, cultural, educational, religious or health services to member agencies, organizations, and individuals, or to the general public.

(ff)

"Loading space" is a space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.

(gg)

"Lot" means a division of land separated from other divisions for purposes of sale, lease, or separate use, described on recorded subdivision plat, recorded map or by metes and bound, and includes the terms "plat" and "parcel."

(1)

"Corner lot" means any lot at the junction of and abutting on two (2) or more intersecting streets, where the angle of intersection is not more than one hundred thirty-five (135) degrees.

(2)

"Lot coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

(3)

"Rear lot line" means that lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten (10) feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the rear lot line is opposite and furthest removed from the front lot line of least dimension.

(4)

"Side lot line" means the lot line running from the front lot line to the rear lot line. This line is also the line dividing two (2) interior lots.

(5)

"Lot of record" means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder, Franklin County, Ohio, as of the effective date of this Zoning Code.

(6)

"Minimum area of lot" means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.

(7)

"Lot width" is the width of a lot at the building setback line measured at right angles to its depth.

(hh)

"Manufacturing" means any production or industrial process, including food processing, which combines one (1) or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse, or water-carried wastes.

(ii)

"Nonconforming use" means the use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this Zoning Ordinance.

(jj)

"Nonresidential use" means a premises not used primarily for human habitation.

(kk)

"Nursery" or "day care center" means a facility which temporarily assumes responsibility for more than four (4) children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a twenty-four (24) hour day for a period of two (2) consecutive days.

(ll)

"Nursing home" includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.

(mm)

"Open space" means that part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.

(nn)

"Off-street parking space" means any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space conforms to the standards as specified in Chapter 1167.

(oo)

"Park" is a public area of land, usually in a natural state, having facilities for rest and recreation.

(pp)

"Parking area" or "parking lot" means any area other than street, drive, or alley used or intended to be used for the storage of motor vehicles, with or without a fee.

(qq)

"Personal services" means any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.

(rr)

"Private road" means a strip of privately owned land providing access to abutting properties.

(ss)

"Professional offices" means the offices which engage in the providing to the general public services of a professional nature such as legal, medical, accounting, and architectural services.

(tt)

"Recreational facilities" means public or privately-operated uses such as country clubs, golf courses, swimming pools, or other areas maintained for the purpose of providing active and passive recreation.

(uu)

"Religious exercise facility" means any use, building or conversion of real property for the purpose of any exercise of religion, whether or not compelled by, or central to a system of religious belief and shall be considered to be religious exercise of a person or entity that uses or intends to use the property for that purpose.

(vv)

"Residence" - see "Dwelling."

(ww)

"Restaurant" means a business establishment where food and beverages are prepared and presented for human consumption on the premises.

(xx)

"Retail stores" means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.

(yy)

"Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges.

(zz)

"Secondary school" means an institution that provides secondary education offered after a primary school and before higher, optional education. Secondary schools may also be referred to as junior high, middle, senior high, or high schools and may include public, alternative, technical, vocational, private, or parochial schools.

(aaa)

"Similar use" means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to the classification, according to the procedures and requirements of Section 1127.02(e).

(bbb)

"Street" or "thoroughfare" means a public way for the purpose of vehicular travel, including the entire area within the right-of-way.

(ccc)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including, among other things, walls, buildings, and patios. "Structure" does not include fences.

(ddd)

"Structural alteration" means any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams, or girders.

(eee)

"Use" means the purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon or may be occupied or maintained.

(fff)

"Variance" means a modification from the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of action by the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

(ggg)

"Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general level of the graded lot upward.

(1)

"Front yard" means that portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the front of the building or structure.

(2)

"Rear yard" means that portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.

(3)

"Side yard" means that portion of a lot that is located between the side lot line and the nearest building or structure.

(hhh)

"Zoning permit" means an official statement certifying that a proposed building or use complies with all the provisions of this Zoning Code.

(iii)

"Zoning district" means a portion of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.

(jjj)

"Zoning district map" means the zoning district of the City, together with all amendments subsequently adopted by City Council.

(kkk)

"Zoning Inspector" means the zoning enforcement officer of the City, hired by the City Council who is charged with the duty of enforcing the provisions of the Zoning Code.

(lll)

"Zoning Ordinance" or "this Ordinance" means Ordinance 20-90, passed June 19, 1990, as amended, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code.

(mmm)

"Marijuana" means recreational or medical marijuana, as defined in ORC 3719.01, that is cultivated, processed, dispensed, tested, possessed, or used for a medical or recreational purpose. In accordance with Chapter 1127 of the Codified Ordinances, the cultivation, processing and dispensing of recreational or medical marijuana shall not be permitted in any zoning district within the city.

(Ord. 20-90. Passed 6-19-90; Ord. 72-92. Passed 12-15-92; Ord. 30-2001. Passed 8-21-01; Ord. 08-2006. Passed 9-5-06; ; Ord. O-07-2015. Passed 3-3-15; Ord. O-19-2017. Passed 11-28-17; Ord. O-03-2022. Passed 3-1-22; Ord. O-04-2022. Passed 3-1-22; Ord. O-24-2024. Passed 1, 8-6-24; Ord. O-37-2025. Passed 9-16-25.)

(a)

Zoning Officer. The Zoning Officer, who shall be hired by the Administrator, shall enforce the Zoning Ordinance. All officials and employees of the Municipality shall assist the Zoning Officer by reporting to him or her any new construction, or apparent violations of this Ordinance.

(b)

Duties of the Zoning Officer. For the purposes of the Ordinance, the Zoning Officer shall have the following duties:

(1)

Issue zoning permits and certificates of occupancy when the procedures and standards of this Ordinance have been followed.

(2)

Upon finding that any of the provisions of the Ordinance are being violated, he or she shall notify in writing the person responsible for such violation(s), ordering such action(s) as necessary to correct such violations.

(3)

Order discontinuance of illegal uses of land, buildings or structures.

(4)

Order removal of illegal buildings or structures or illegal additions or structural alterations.

(5)

Order discontinuance of any illegal work being done.

(6)

Take any other action authorized by this Ordinance to ensure compliance with or to prevent violation(s) of this Ordinance. This includes the keeping of any records, permits and certificates as are necessary for the performance of these duties

(Ord. 30-93. Passed 5-18-93.)

(a)

Organization and Members. The Municipal Planning Commission shall organize and adopt rules in accordance with the requirements of the Charter of the Village of New Albany. Meetings of the Commission shall be held at the call of the Chairperson, and at such times as the Commission determines. All meetings of the Planning Commission shall be open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep public records or its actions.

The Planning Commission shall consist of six (6) members. Five (5) of these members shall be voting members and shall serve overlapping three-year terms. The sixth shall be a Council member appointed by Council. This Council member shall be a nonvoting member of the Planning Commission. Three (3) voting members shall constitute a quorum. The powers and duties shall be as provided in the Village Charter and as provided by ordinances and resolutions of Council.

(b)

Powers and Duties. The Planning Commission shall have the following powers and duties:

(1)

Recommend to Council a master plan, official map, area plans, and development standards for the Municipality.

(2)

Recommend to Council the disposition of requests for subdivision platting.

(3)

Recommend to Council amendments to the zoning plan and Zoning Ordinance of the Municipality.

(4)

Prepare and present a zoning plan for a newly annexed territory, pursuant to Section 1125.04.

(5)

Review all proposed amendments to this Zoning Ordinance in accordance with Chapter 1111 and make recommendations to Council.

(6)

Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of this Ordinance.

(7)

Grant variances from the requirements of Chapter 1154, in accordance with procedures set forth therein.

(8)

Review all changes in the fee schedule established in Section 1109.10 and make recommendations to Council.

(9)

Determine the similarity of uses pursuant to Section 1127.02(e).

(10)

Perform such other duties, not inconsistent with the Charter, as may be required by this Ordinance.

(Ord. 30-93. Passed 5-18-93; Ord. 53-2009. Passed 12-1-09; Ord. O-04-2022. Passed 3-1-22.)

(a)

Organization and Members. The Board of Zoning Appeals shall organize and adopt rules in accordance with the Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board determines. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. The Board of Zoning Appeals shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and shall be a public record. The Board of Zoning Appeals shall consist of five (5) members, one of whom shall be a member of the Municipal Planning Commission designated by it annually.

(b)

Powers and Duties. The Board of Zoning Appeals shall have the following power and duties:

(1)

Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination stemming from the refusal, issuance, or revocation of a building permit, occupancy permit, or certification of compliance by a municipal official.

(2)

Authorize such variances from the terms of this Ordinance as will not be contrary to public interest, where, owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be preserved.

(3)

Subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

It is the intent of this Ordinance that questions of interpretation and enforcement shall be first presented to the Zoning Officer, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Officer and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the powers of Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. Council shall not have the authority to overrule the decisions of the Board of Zoning Appeals and/or the Zoning Officer on matters of appeals or variance. The procedure for deciding such questions shall be as stated in Chapter 1113.

(Ord. 30-93. Passed 5-18-93.)

It shall be the duty of the Zoning Inspector and the Planning Commission and Zoning Board of Appeals to enforce this Ordinance in accordance with the provisions hereof. All officials and public employees of the Municipality of New Albany shall conform to the provisions of this Ordinance, and shall not issue any permit or license for any use, building, or purpose in conflict with the provisions of this Ordinance.

No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Inspector receives a written order from the Planning Commission and Zoning Board of Appeals, deciding on appeal, conditional use, or variance, as provided by this Ordinance.

A zoning permit is required for any of the following:

(a)

Construction or structural alteration of any building, including accessory buildings.

(b)

Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located.

(c)

Occupancy and use of vacant land.

(d)

Change in the use of land to use not listed as a permitted use in the zoning district where the land is located.

(e)

Any change in the use of a nonconforming use.

Three (3) copies of an application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and shall be revoked if work has not begun within one year, and substantially completed within two and one-half (2 1/2) years. At a minimum, the application shall contain the following information:

(a)

Name, address, and telephone number of the applicant.

(b)

Legal description of property, as recorded in Franklin County Recorder's office.

(c)

Existing use.

(d)

Proposed use.

(e)

Zoning district in which property is located.

(f)

Plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact dimensions and location of existing buildings of the lot, if any; and location and dimensions of the proposed building(s) or alteration.

(g)

Height of proposed buildings.

(h)

Number and dimensions of existing and proposed off-street parking or loading spaces.

(i)

Number of proposed dwelling units.

(j)

In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the Franklin County Health Department of the proposed method of water supply and for disposal of sanitary wastes prior to approval by the Zoning Inspector.

(k)

Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.

Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor.

Within thirty (30) days after the receipt, the application shall be either approved or disapproved by the Zoning Inspector, in conformance with the provisions of this Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his/her designated agent on such copy. In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval. Two (2) copies of plans, similarly marked, shall be retained by the Zoning Inspector. One copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a certificate of occupancy along with one copy of the application. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Ordinance.

Before any zoning permit is issued affecting any land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation.

The Zoning Inspector shall not issue a zoning permit for one hundred twenty (120) days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of this Ordinance, issue the zoning permit in conformance with the provisions of Section 1109.05.

A record of all zoning permits shall be kept on file in the office of the Zoning Inspector or his agent and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.

If the work described in any zoning permit has not begun within one year from the date of issuance thereof, or has not been completed within two and one-half (2 1/2) years from the date of issuance thereof, said permit shall expire; it shall be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning certificate has been obtained or extension granted.

(a)

Certificate of Zoning Compliance Required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Ordinance.

(b)

Application for Certificate of Zoning Compliance. Certificates of zoning compliance shall be applied for by the applicant giving written notice to the Zoning Inspector that the land use, erection or structural alteration of any building shall have been completed in conformance with the provisions of this Ordinance.

(c)

Record of Certificate of Zoning Compliance. The Zoning Inspector shall maintain a record of all certificates of zoning compliance and a copy of any individual certificate shall be furnished upon request to the occupant or his legally authorized representative.

(Ord. 52-93. Passed 10-19-93.)

Council shall establish, by separate ordinance, a schedule of fees, charges, and expenses and a collection procedure for zoning permits, certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be available at the Building and Zoning office. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.

(Ord. 52-93. Passed 10-19-93.)

(a)

Failure to Obtain a Zoning Permit, Certificate of Zoning Compliance or Similar Permit. Failure to obtain a zoning permit, certificate of zoning compliance or other permit as required by specific sections of this Ordinance shall be a violation of this Ordinance and punishable under Section 1109.99.

(b)

Construction and Use to Be As Provided in Applications, Plans, Permits, and Certificates. Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement or construction not in conformance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided in Section 1109.99.

(c)

Complaints Regarding Violations. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.

(d)

Void Zoning Permit. A zoning permit shall be void if any of the following conditions exist:

(1)

The zoning permit was issued contrary to the provisions of this Ordinance by the Zoning Inspector.

(2)

The zoning permit was issued based upon a false statement by the applicant.

(3)

The zoning permit has been assigned or transferred.

When a zoning permit has been declared void for any of the above reasons by the Planning Commission pursuant to Section 1107.02(b), written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure, or land cease unless, and until, a new zoning permit has been issued.

(Ord. 52-93. Passed 10-19-93.)

Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this Ordinance) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall be fined not more than two hundred dollars ($200.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the Municipality from such other lawful action as is necessary to prevent or remedy any violations.

Penalties as above shall apply unless penalties are defined for specific section of this Ordinance, in which case the penalties so defined in those sections shall apply.

Whenever the public necessity, convenience, general welfare or good zoning practices require, Council may, by ordinance, after receipt of a recommendation thereon from the Planning Commission and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Ordinance or amendments thereof. The Planning Commission shall submit its recommendation regarding all applications or proposals for amendments or supplements to Council.

(Ord. 23-98. Passed 9-1-98.)

An amendment, supplement, reclassification or change in zoning may be initiated by motion of Council, or by motion of the Planning Commission. A reclassification to the Zoning Map may be proposed by one or more owners of the property to be changed by the proposed reclassification by filing a verified application with the Municipality.

The Zoning Department may also propose amendments to these regulations. Such proposed amendments shall be submitted to the Planning Commission for its review and recommendation prior to being acted upon by Council.

(Ord. 23-98. Passed 9-1-98.)

An application for amendment shall be transmitted by the applicant to the Municipality at its public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the Zoning Officer, so as to assure the fullest practicable presentation of facts for the permanent record. Each proposal for a zoning change shall be accompanied by, at a minimum, the following information:

(a)

Names, addresses, and phone numbers of the applicants and owners. Each application shall be signed by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application.

(b)

Proposed amendment to the text and/or a current and accurate legal description of the property affected.

(c)

A written statement of the existing use and zoning district.

(d)

A written statement of the proposed use and zoning district.

(e)

A reproducible vicinity map drawn to scale of not less than one hundred (100) feet to the inch, showing property lines, ownership, street addresses when known, streets, existing and proposed zoning within the area sought to be rezoned, and natural features such as riparian corridors, wetlands, and tree masses on the subject site and on adjacent properties. The map shall also depict all land within three hundred (300) feet of the boundaries of the area to be rezoned, showing property lines, ownership, streets and street addresses when known. Such map shall be subject to later amendments at the request of the Planning Commission to supply additional information as it may require.

(f)

An affidavit of the applicant listing all property owners within two hundred (200) feet of the parcel(s) proposed to be rezoned and their addresses as appearing on the Franklin County Auditor's current tax list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.

(g)

A statement as to how the proposed amendments will impact adjacent and proximate properties.

(h)

A written statement regarding the potential impact of the proposed use on the student population of the local school district(s).

(i)

Any deed restrictions, easements, covenants and encumbrances to be imposed to control the use, development and maintenance of the area to be rezoned.

(j)

In appropriate cases, at the request of the Zoning Officer, Village Planner or Village Engineer, an estimate of potential traffic generation in the area should the amendment be adopted; and/or an estimate of the utility requirements of the area, should the amendment be adopted, including sewer, water and electricity.

(k)

Any other information as may be requested by the Zoning Officer, the Planning Commission, and Council to determine conformance with, and provide for enforcement of this Zoning Ordinance.

(Ord. 21-2003. Passed 9-16-03; Ord. 53-2009. Passed 12-1-09.)

Upon referral of the proposed ordinance by Council, or the filing of an application by at least one owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning Commission.

(Ord. 23-98. Passed 9-1-98.)

(a)

Within sixty (60) days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment or unless extended by majority vote of the Commission, the Commission shall recommend to Council that the amendment be approved as requested; recommend the application be granted with modifications; or recommend denial of the request for amendment consideration.

(b)

A public hearing shall be held by the Planning Commission for consideration of the proposed amendment to the Zoning Ordinance or Map. In accordance with the Ohio Revised Code, notice of the time, place and purpose of such hearing shall be published once at least seven (7) days before the hearing in one (1) or more of the following methods:

(1)

On the Municipality's website and social media account;

(2)

On the state's public notice website established under ORC 125.182;

(3)

In a newspaper of general circulation in the Municipality that is issued weekly.

(c)

In addition to the publication of notice required by this section, the Zoning Officer shall notify the applicants, all owners of the parcel or parcels proposed to be rezoned and all owners of neighboring properties as set out in the applicant's affidavit, of the time and place of the public meeting at which such application will be considered. Such notices, which shall include the additional information required in the published notice hereinabove provided for, shall be served by first class mail posted at least ten (10) days before the date of the proposed hearing.

(d)

In addition to the written and published notification above, the Municipality shall post one (1) sign per public street frontage of the parcel proposed for a zoning change. The sign shall be installed at least ten (10) days before the public hearing at which the Planning Commission hears the rezoning change application. New zoning at the time of annexation shall not be required to be posted. The sign shall be consistent with diagram in Figure 1, attached to original Ordinance 23-98. The exact design and content of the sign shall be determined and approved by the Zoning Officer in accordance with the intent and spirit of this section.

(Ord. 23-98. Passed 9-1-98; Ord. O-08-2024. Passed 3-19-24.)

In deciding on the change, the Planning Commission shall consider, among other things, the following elements of the case:

(a)

Adjacent land use.

(b)

The relationship of topography to the use intended or to its implications.

(c)

Access; traffic flow.

(d)

Adjacent zoning.

(e)

The correctness of the application for the type of change requested.

(f)

The relationship of the use requested to the public health, safety, or general welfare.

(g)

The relationship of the area requested to the area to be used.

(h)

The impact of the proposed use on the local school district(s).

(Ord. 21-2003. Passed 9-16-03.)

(a)

Public Hearing. Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing that may be held as part of the second reading of the ordinance.

(b)

Public Notice. Notice of the public hearing shall be given by the Clerk of for publication by one (1) or more of the following methods:

(1)

On the Municipality's website and social media account;

(2)

On the state's public notice website established under ORC 125.182;

(3)

In at least one newspaper of general circulation in the Municipality.

Proof of publication shall be made by affidavit of the proprietor of the newspaper or operator of the state's public notice website, as applicable, and shall be filed with the office of the Clerk of Council.

The notice shall be published at least seven (7) days before the date of the hearing. The published notice shall set the time and place of the public hearing and shall include a succinct summary of the proposed amendment. The publication shall contain notice that the complete text of each ordinance or resolution may be obtained or viewed at the Clerk of Council's office, and may be viewed at any other location designated by Council. The Municipality Law Director shall review the summary of an ordinance or resolution published under this section before forwarding it to the Clerk of Council for publication, to ensure the summary is legally accurate and sufficient. If the proposed ordinance intends to rezone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made to all applicants, all owners of the parcel or parcels proposed to be rezoned and all owners of neighboring properties as set out in the applicant's affidavit, by the Clerk of Council by first class mail at least seven (7) days before the date of the public hearing. The failure of delivery of such notice shall not invalidate such proposed ordinance.

(C)

Display of Relevant Materials. Prior to the public hearing, the text or copy of the text of the proposed ordinance, together with maps, plans and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of Council.

(Ord. 21-2003. Passed 9-16-03; Ord. 53-2009. Passed 12-1-09; ; Ord. O-12-2014. Passed 6-3-14; Ord. O-08-2024. Passed 3-19-24.)

(a)

Taking of Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance by a staff member may be taken by any person aggrieved including a tenant, or by a governmental officer, department, board, or bureau, unless otherwise specified in this chapter. Such appeal shall be taken within twenty (20) days after the date of the decision, by filing with the Board of Zoning Appeals, a notice of appeal specifying the grounds thereof.

(b)

Imminent Peril. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the City Manager's designee certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown, be granted by the Board of Zoning Appeals, after notice to the City Manager's designee or by judicial proceedings.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

On a particular property, extraordinary circumstances may exist making a strict enforcement of the applicable development standards of the Zoning Ordinance unreasonable and, therefore, procedures for variances and waivers from development standards are provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change of the primary use of the land or structure permitted.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

Any person owning or having an interest in property, may file an application to obtain a variance or appeal from the decision of the City Manager's designee.

The application of a variance or an appeal shall be made on such forms as prescribed by staff and shall contain the following information:

(a)

Name, address and phone number of the applicant.

(b)

Legal description of property as recorded in Franklin County Recorder's office.

(c)

Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.

(d)

The names and addresses of all property owners within two hundred (200) feet, contiguous to, and directly across the street from the property, as appearing on the Franklin County Auditor's current tax list.

(e)

A narrative statement explaining the following:

(1)

The use for which variance or appeal is sought.

(2)

Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.

(3)

The specific reasons why the variance or appeal is justified according to this chapter.

(4)

Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.

(f)

A plot plan drawn to an appropriate scale showing the following:

(1)

The boundaries and dimensions of the lot.

(2)

The nature of the special conditions or circumstances giving rise to the application for approval.

(3)

The size and location of existing and proposed structures.

(4)

The proposed use of all parts of the lots and structures, including accesses, walks, off-street parking and loading spaces, and landscaping.

(5)

The relationship of the requested variance to the development standards.

(6)

The use of land and location of structures on adjacent property.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1109.99. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

(a)

Public Hearing. The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after receipt of an application for an appeal or variance from staff.

(b)

Notice. Before conducting the required public hearing, notice of the hearing shall be given at least seven (7) days before the date of said hearing in one (1) or more of the following methods:

(1)

On the Municipality's website and social media account;

(2)

On the state's public notice website as established under ORC 125.182;

(3)

In one or more newspapers of general circulation in the Municipality.

The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

Written notice of the required public hearing shall be mailed by first class mail, at least ten (10) days before the day of the hearing to owners of property within two hundred (200) feet from, contiguous to, and directly across the street from the property being considered.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11; Ord. O-08-2024. Passed 3-19-24.)

Within thirty (30) days after the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall only approve a variance or approve a variance with supplementary conditions if the following findings are made:

(a)

That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district.

(b)

That a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance.

(c)

That the special conditions and circumstances do not result from the action of the applicant.

(d)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance to other lands or structures in the same zoning district.

(e)

That granting the variance will not adversely affect the health and safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare, or injurious to private property or public improvements in the vicinity.

(f)

Certified copy of the Board's decision shall be transmitted to the applicant, or appellant, and a copy shall be filed with the Community Development Department.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

A certificate of zoning compliance may be issued only within the period of one year from the date of final approval by the Board of Zoning Appeals.

(Ord. 30-93. Passed 5-18-93; Ord. O-08-2011. Passed 5-17-11.)

Within thirty (30) days after the public hearing pursuant to Section 1113.05 or within thirty (30) days of the application if a hearing is not held, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1113.04, or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas. A written copy of the Board's decision and findings will be provided to the applicant.

(Ord. O-08-2011. Passed 5-17-11.)

Where specifically defined within the Zoning Ordinance, deviations from certain development standards are subject to the waiver process. A waiver to the standards may be approved by the Architectural Review Board (ARB) upon the request of an applicant as part of a certificate of appropriateness application. In considering a request for a waiver, the ARB shall conduct a public meeting in conjunction with the certificate of appropriateness.

(Ord. O-08-2011. Passed 5-17-11.)

An applicant who wishes to have a requirement of the Zoning Ordinance waived must apply to the ARB through city staff for said waiver in conjunction with a certificate of appropriateness application that will be reviewed by the Architectural Review Board., The applicant must indicate the nature of the waiver sought and provide a statement explaining why the waiver should be granted. Any drawings or other materials needed to support the application, as determined by city staff, shall be submitted with the waiver request.

(Ord. O-08-2011. Passed 5-17-11.)

Within thirty (30) days after the public meeting, the ARB shall either approve, approve with supplementary conditions, or disapprove the request for a waiver. The ARB shall only approve a waiver or approve a waiver with supplementary conditions if the ARB finds that the waiver, if granted, would:

(a)

Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the ARB may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting, or a broader vicinity to determine if the waiver is warranted;

(b)

Substantially meet the intent of the standard that the applicant is attempting to seek a waiver from, and fit within the goals of the Village Center Strategic Plan, Land Use Strategic Plan and the Design Guidelines and Requirements;

(c)

Be necessary for reasons of fairness due to unusual building, structure, or site-specific conditions; and

(d)

Not detrimentally affect the public health, safety or general welfare.

(Ord. O-08-2011. Passed 5-17-11; Ord. O-41-2022. Passed 12-13-22.)

Under some unusual circumstances, a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nevertheless be desirable and also compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as "conditional uses" within the description of the respective zoning districts. The Planning Commission may allow such a use to be established as a conditional use where these unusual circumstances exist where the conditional use will be consistent with the general purpose and intent of this Zoning Ordinance.

(Ord. 30-93. Passed 5-18-93.)

Any such person owning or having an interest in property may file an application to use such property for one or more of the conditional uses provided for by this Ordinance in the zoning district in which the property is situated. Eight (8) copies of a provided application and a dimensioned site plan shall be filed with the Zoning Officer not less than twenty (20) days prior to the date of the public hearing. At a minimum the application shall contain the following information:

(a)

Name, address, and phone number of applicant.

(b)

Legal description of the property as recorded in the Franklin County Recorder's office.

(c)

Description of existing use.

(d)

Present zoning district.

(e)

Description of proposed conditional use.

(f)

A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.

(g)

A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, light, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.

(h)

The names and addresses of all property owners within two hundred (200) feet, contiguous to, and directly across the street from the property, as appearing on the Franklin County Auditor's current tax list. The applicant shall also provide the addresses of all property within the above reference boundaries.

(i)

Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning Commission.

(Ord. 30-93. Passed 5-18-93.)

The Planning Commission shall not approve a conditional use unless it shall in each specific case, make specific findings of fact directly based on the particular evidence presented to it, that support conclusions that such use at the proposed location shall meet all of the following requirements:

(a)

The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose of the Zoning Ordinance.

(b)

The proposed use will be harmonious with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

(c)

The use will not be hazardous to existing or future neighboring uses.

(d)

The area will be adequately served by essential public facilities and services such as highways, streets, police, and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.

(e)

The proposed use will not be detrimental to the economic welfare of the community.

(f)

The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(g)

Vehicular approaches to the property shall be so designated as not to create interference with traffic on surrounding public streets or roads.

(Ord. 30-93. Passed 5-18-93.)

In granting any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformance with this Ordinance.

(Ord. 30-93. Passed 5-18-93.)

The Commission shall hold a public hearing within thirty (30) days from the receipt of the application specified in Section 1115.02. The requirements for public notice and notification of parties of interest shall be the same as for appeals and variances as specified in Section 1113.05.

(Ord. 30-93. Passed 5-18-93.)

Within thirty (30) days after the public hearing pursuant to Section 1115.05, the Commission shall either approve, approve with supplementary conditions specified in Section 1115.04, or disapprove the application as presented. If the application is approved with supplementary conditions, the Planning Commission shall direct the Zoning Officer to issue a zoning permit listing the specific conditions listed by the Planning Commission for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas.

(Ord. 30-93. Passed 5-18-93.)

(a)

Expiration. The Planning Commission's approval of the conditional use issued in accordance with Section 1115.06 shall become null and void after one (1) year if an occupancy permit has not been issued or after two (2) years if renovations or construction has not begun The Planning Commission may grant an extension of a conditional use issued in accordance with Section 1115.06 for good cause.

(b)

Revocation. In the event of a violation, the Planning Commission may revoke the approved conditional use. The Municipality shall notify a conditional use holder with the reasons for violation of the terms and/or conditions of the approved conditional use and a statement that the conditional use holder shall have thirty (30) days to comply with the approved conditional use. If the conditional use holder does not comply, a Planning Commission hearing shall be scheduled. The requirements for public notice and notification of parties of interest shall be as specified in Section 1115.05. The Planning Commission may either revoke, continue, or modify the approved conditional use.

(Ord. 30-93. Passed 5-18-93; Ord. O-06-2025. Passed 2-18-25.)

Within the districts established by this Ordinance, or amendments hereinafter adopted, there may exist lots, structures, uses of land and structure which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

(a)

Existing Land or Buildings. Any use of land or buildings existing on the effective date of this Ordinance may be continued even though such use does not conform to the provisions herein, so long as such use was in conformity with the zoning ordinance in effect in the Municipality, or the Township in the case of annexed land, at the time that the use or structure was established. No nonconforming building, structure, or use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as specifically provided in this Ordinance.

(b)

Construction Commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this Ordinance, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this Ordinance, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two (2) years from the date of adoption of this Ordinance or amendment thereto making said use nonconforming.

The Planning and Zoning Board may allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change shall be authorized by the Planning and Zoning Board to any use which is not a permitted or conditional use in any "R" District, and in a nonresidential district, no change shall be authorized to any use which is not permitted or conditional use in that district where the nonconforming use is first listed.

No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:

(a)

The Planning and Zoning Board may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding twenty percent (20%) of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this Ordinance or at the time of its amendment making the use nonconforming. The Board shall not authorize an enlargement which would result in a violation of the provision of this Ordinance with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this Ordinance.

(b)

No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.

(c)

Any residential structure which is nonconforming due to the fact of its being in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate R-District.

A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:

(a)

When the use has been voluntarily discontinued for a period of two (2) years.

(b)

When the nonconforming use has been replaced by a conforming use.

When a building or structure, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy to the extent that less than fifty percent (50%) of its market value is lost, it may be restored or rebuilt and continued in such nonconforming use, provided that the restoration or rebuilding is commenced within six (6) months of the time of damage that construction is completed within eighteen (18) months, and that such restoration or rebuilding would not extend or expand the existing use. If more than fifty percent (50%) of the market value is lost, the building or structure may not be restored or rebuilt in such a manner so as to continue the nonconforming use.

In the administration of this section, if the disagreement occurs as to the market value of a particular property, that market value shall be determined by an independent appraiser as selected and mutually agreed to by the applicant and the Municipality. Such appraisals shall be performed according to a comparable value method of appraisal.

Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use as follows:

(a)

When required by law.

(b)

To convert to a conforming use.

(c)

A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.

In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this Ordinance, even though such lot does not comply with the lot area and width requirements of the district in which it is located, provided said lot has a minimum of forty (40) feet frontage on a public street, and further provided the following conditions are complied with:

(a)

In any district where dwellings are permitted, two (2) inches may be deducted from the required minimum width of each side yard and four (4) inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than five (5) feet.

(b)

For lots having a depth of less than one hundred ten (110) feet, the depth of the rear yard need not exceed twenty-five percent (25%) of the total depth of the lot, but shall not be less than twenty (20) feet.