New Lexington City Zoning Code

TITLE ONE

Zoning Administration

1103.01 TITLE.

This Ordinance shall be known and may be cited as the “Zoning Ordinance of the City of New Lexington, Ohio.” Unless otherwise provided herein or by the law, the same rules of construction, definition, and application shall govern the interpretation of this Ordinance as those governing the interpretation of the Ohio Revised Code.

(Ord. 07-8. Passed 3-19-07.)

1103.02 PURPOSE.

This Zoning Ordinance is adopted to promote, protect and preserve the public health, safety, comfort, prosperity and general welfare of the citizens of the City of New Lexington, by:

(a) Regulating and limiting the use(s) of land and the erection, restoration and alteration of buildings and use thereof for residential, business and industrial purposes,

(b) Regulating the area dimensions of land, yards and open spaces so as to secure adequate light, air and safety from fire and other dangers,

(d) Protecting the character and value of the existing agricultural, residential, business, industrial, and institutional areas,

(e) Providing for the orderly growth and development of land within the City, and

(f) Providing for the division of the Municipality into various districts as authorized by Chapter 713 of the Ohio Revised Code.

(Ord. 07-8. Passed 3-19-07.)

1103.03 APPLICABILITY AND INTERPRETATION.

(a) Applicability. The regulations set forth in this Zoning Ordinance shall be applicable to all buildings, structures, uses and lands owned or controlled by any person(s), organization, political subdivision, district, taxing unit or bond-issuing authority located within the corporate limits of the City of New Lexington.

(b) Interpretation and Conflict. 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 any provision of this Ordinance conflicts with any other lawfully adopted rule, regulation, ordinance, or resolution, the most restrictive, or that imposing the higher standards, shall apply.

(c) Provisions Cumulative. The provisions of this Ordinance are cumulative and act as additional limitations to all other laws and ordinances. Nothing herein shall be deemed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except when the particulars or matters of this Zoning Ordinance are more restrictive than such other ordinances.

(Ord. 07-8. Passed 3-19-07.)

1103.04 INVALIDATION.

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

(Ord. 07-8. Passed 3-19-07.)

1103.05 INTERNATIONAL ZONING CODE MANUAL.

The International Zoning Code Manual is also in effect, if for any issues not covered under these zoning regulations the International Code will apply. If there are any differences, the City Zoning Ordinance will supersede the International Code.

1105.01 INTERPRETATION.

For the purpose of this Zoning Ordinance, certain terms and words are to be defined as found in this chapter. Words and terms not 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. Terms related to specific chapters or sections of the Ordinance may be defined within the specific sections where those general requirements are found.

(Ord. 07-8. Passed 3-19-07.)

1105.02 DEFINITIONS.

As used in this chapter:

(1) “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.

(2) “Accessory building” or “accessory structure” means a building or structure occupied by an accessory use.

(3) “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.

(4) “Alley” means a public right-of-way, which provides only secondary means of access to abutting property.

(5) “Apartment” (see “Multiple family dwelling”, subsection (18)A. hereof.)

(6) “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.

(7) “Bed and breakfast establishment” means a single-family dwelling or portion thereof, where short term lodging rooms and some meals are provided, and in which the owner of the dwelling lives on the premises.

(8) “Board” means the Board of Zoning Appeals of the City of New Lexington, Ohio, as established in the Charter and defined in Section 1107.03.

(9) “Building” means a structure permanently affixed to the land with one (1) 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.

A. “Height of building” means the vertical distance from the average grade surrounding the building to the highest point of the roof.

B. “Building area” means the horizontally projected area of the buildings on a lot, excluding terraces, unenclosed porches, and other open areas.

C. “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.

(10) “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.

(11) “Cemetery” means land used or intended to be used for the burial of human dead.

(12) “Certificate of Zoning Compliance” means a certificate issued by the Zoning Inspector, pursuant to Section 1109.04 , confirming that the requirements of this Ordinance have been met, and the building can be occupied or used.

(13) “City” means the City of New Lexington, a political subdivision in Perry County, Ohio.

(14) “Clinic, Human” means an establishment where patients who are not lodged overnight are admitted for examination or treatment by a physician or group of physicians.

(15) “Commission” means the Planning Commission of the City of New Lexington, Ohio, as established in the Charter of the City and defined in Section 1107.02.

(16) “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 1123.

(17) “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.

(18) “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.

A. “Multiple-family dwelling” or “multiple-family residence” means a building designed or used as a residence for three or more families living independently.

B. “Single family dwelling” or “single family residence” means a building designed for or occupied exclusively by one family.

C. “Two-family dwelling” or “two-family residence” means a building designed for or occupied exclusively by two families living independently.

(19) “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.

(20) “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 manner specified in the Ordinance.

(21) “Family” means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, hotel or motel, dormitory, lodge or similar facility, provided, however that “family” shall not include more than four (4) persons unrelated to each other by blood, marriage or legal adoption, except for Class I Type B group residential facilities.

(22) “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.

(23) “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.

(24) “Group Residential Facility” means a community facility, licensed and/or authorized by the State of Ohio, which provides rehabilitative or habilitative services in a residential setting. There are two (2) classes of group residential facilities:

A. “Class I group residential facility” means any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a place for the care or rehabilitation of dependent or delinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A facility contains more than five (5) residents, exclusive of staff. A Class I Type B facility contains five (5) or fewer residents, exclusive of staff.

B. “Class II group residential facility” means any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and/or drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains more than five (5) residents, exclusive of staff. A Class II Type B facility contains five (5) or fewer residents, exclusive of staff.

(25) “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.

(26) “Home occupation” 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 1155.04.

(27) “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.

(28) “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.

(29) “Institution” means an organization providing social, cultural, educational, religious or health services to member agencies, organizations, and individuals, or to the general public.

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

A. “Corner lot” mans any lot at the junction of and abutting on two (2) or more intersecting streets, where the angle of intersection is not more than 135 degrees.

B. “Through lot” means a lot fronting on two parallel streets.

C. “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.

D. “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.

E. “Lot of record” means any lot, which individually or as a part of a subdivision has been recorded as in the Office of the Perry County Recorder as of the effective date of this Ordinance.

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

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

(31) “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.

(32) “Manufactured Housing” shall mean any non-self-propelled vehicle transportable in one or more sections which, in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on the site, is 320 or more square feet, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. In addition, such unit shall bear a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards (1974).

(33) “Manufactured Home Community” shall mean a development constructed primarily for manufactured homes, with continuing local general management and with special facilities for common use by occupants, including such items as common recreational buildings and/or common open space.

(34) “Manufactured Home Subdivision” shall mean a development constructed primarily for manufactured homes, in which each lot in the development is independently owned by the respective owners of the dwelling units located on such lots.

(35) “Modular Home” means a non-site-built home that is certified as meeting the requirements of the State of Ohio Building Code for modular housing. For the purposes of this Ordinance, once certified by the State of Ohio, modular homes shall be subject to the same standards as site-built homes.

(36) “Mobile Home” shall mean a transportable, non-site-built dwelling unit designed to be used as a year-round residential dwelling, and built prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Because mobile homes, as herein defined, were not constructed to accepted standards, such mobile homes shall not be considered as a permitted or conditional use in any zoning district within the City of New Lexington.

(37) “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.

(38) “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 hour day for a period of two (2) consecutive days.

(39) “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 them.

(40) “Open space” means that part of a zoned property, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.

(41) “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 1157.

(42) “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.

(43) “Person” means an individual, corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit.

(44) “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.

(45) “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.

(46) “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.

(47) “Residence” - see “Dwelling”.

(48) “Restaurant” means a business establishment where food and beverages are prepared and presented for human consumption on the premises.

(49) “Retail stores” means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.

(50) “Right-of-way” means a strip of land lying between property lines, wherein is located a street, thoroughfare, alley or easement dedicated or otherwise acquired for use by the public.

(51) “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 1123.02 .

(52) “Street” and “thoroughfare” means a public way for the purpose of vehicular travel, including the entire area within the right-of-way.

(53) “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.

(54) “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.

(55) “Telecommunication tower” means a freestanding or attached structure that exceeds thirty (30) feet in height and is used primarily for the placement of radio frequency transmission or reception equipment.

(56) “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.

(57) “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.

(58) “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.

A. “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.

B. “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.

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

(59) “Zoning permit” means an official statement certifying that a proposed building or use complies with all the provisions of this Zoning Ordinance.

(60) “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 Ordinance.

(61) “Zoning District Map” means the Zoning District Map of the City, together with all amendments subsequently adopted by the City Council.

(62) “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 Ordinance. (Ord. 07-8. Passed 3-19-07.)

1107.01 ZONING INSPECTOR.

(a) Office of Zoning Inspector Created. The Zoning Inspector, who shall be appointed by the Mayor, shall enforce the Zoning Ordinance. All officials and employees of the City shall assist the Zoning Inspector by reporting to him/her any new construction, reconstruction, or apparent violations to this Ordinance.

(b) Duties of Zoning Inspector. For the purposes of this Ordinance, the Zoning Inspector shall have the following duties:

(1) Issue zoning permits when the procedures and standards of this Ordinance have been followed.

(2) Make and keep all records necessary and appropriate to the office including records of issuance and denial of zoning permits and receipt of complaints of violation of the Zoning Ordinance and action taken on same.

(3) Inspect any buildings or lands to determine whether any violations of the Zoning Ordinance have been committed or exist.

(4) Upon finding that any violations exist, he/she shall notify in writing the person responsible for such violation, ordering such action(s) as needed to correct such violations.

(5) Take all necessary steps to remedy conditions found in violation of this Ordinance by ordering, in writing, the discontinuance of illegal uses or work in progress, and direct cases of noncompliance to the appropriate City official(s) for action.

(6) Advise the Planning Commission and the Board of Zoning Appeals of matters pertaining to the enforcement of and amendments to the Zoning Ordinance, as well as conditional use permits, appeals, or variances, and all applications and records pertaining thereto.

(Ord. 07-8. Passed 3-19-07.)

1107.02 PLANNING COMMISSION.

(a) Planning Commission Established. Pursuant to Section 713.01 of the Ohio Revised Code (ORC) and Section 7.01 of the City Charter, there is hereby established a Planning Commission for the City of New Lexington.

(b) Membership and Terms. The Planning Commission shall consist of such members as provided under Section 7.01 of the Charter. If, within a period of sixty (60) days after a vacancy occurs, the Mayor has not appointed a new member to fulfill that vacancy, the President of Council may appoint a member to fill that vacancy, with the approval of Council.

(c) Removal of Members. Members of the Commission shall be removable for non- performance of duty, misconduct in office, or other cause by the City Council, after a hearing has been held before the City Council regarding such charges. The Mayor or any Council member must submit the charges in writing. Charges made against any Planning Commission member shall be reviewed by the Law Director prior to any formal public hearing. The member shall be given the opportunity to answer and be heard on the charges.

(d) Quorum. Three (3) members of the Commission shall constitute a quorum. Any action by the Commission must be by a concurring vote of the majority of the total Commission membership.

(e) Procedures.

(1) The meetings of the Commission shall be public; however, thc Commission may go into executive session, as permitted by Ohio R.C. 121.22, as amended, for discussion but not for vote on any case before it. The Commission shall organize annually and elect a Chairman. The Commission shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance.

(2) The Commission shall keep minutes of its proceedings. The minutes shall show the roll call, vote of each member upon each question; and shall record the Commission’s examinations and other official action, all of which shall be immediately filed in the City offices and shall be a public record.

(3) The Commission shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.

(f) Powers and Duties. In addition to the powers and duties authorized in Sections 713.02 through 713.11 of the Ohio Revised Code, the Planning Commission shall have the following powers and duties pursuant to this Ordinance:

(1) Review proposed amendments to this Zoning Ordinance or Official Zoning Map and make recommendations to City Council, pursuant to Chapter 1111 .

(2) Make a recommendation for the zoning of newly annexed areas to the City, in accordance with Section 1125.04 .

(Ord. 07-8. Passed 3-19-07.)

1107.03 BOARD OF ZONING APPEALS.

(a) Board of Zoning Appeals Established. Pursuant to Section 713.11 of the Ohio Revised Code (ORC) and Section7.02 of the City Charter, there is hereby established a Board of Zoning Appeals for the City of New Lexington.

(b) Membership and Terms. The Board of Zoning Appeals shall consist of such members as provided under Section 7.02 of the Charter.

(c) Removal of Members. Members of the Board shall be removable for non- performance of duty, misconduct in office, or other cause by the City Council, after a hearing has been held before the City Council regarding such charges. The Mayor or any Council member must submit the charges in writing. Charges made against any Board Commission member shall be reviewed by the Law Director prior to any formal public hearing. The member shall be given the opportunity to answer and be heard on the charges.

(d) Quorum. Three (3) members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.

(e) Procedures.

(1) The meetings of the Board shall be public; however, the Board may go into executive session, as permitted by Ohio R.C. 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairman. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance.

(2) The Board shall keep minutes of its proceedings. The minutes shall show the roll call, vote of each member upon each question; and shall record the Commission’s examinations and other official action, all of which shall be immediately filed in the City offices and shall be a public record.

(3) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.

(f) Powers and Duties. In addition to the powers and duties authorized in Chapter 713 of the Ohio Revised Code, the Board of Zoning Appeals shall have the following powers and duties pursuant to this Ordinance:

(1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector, in accordance with Chapter 1113 .

(2) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship in accordance with the provisions of Chapter 1113 .

(3) Determine similarity of uses, pursuant to Section 1123.02 (e).

(4) Interpret the boundaries of the Official Zoning Map, in accordance with the provisions of this Ordinance.

(5) Authorize the substitution or extension of nonconforming uses, as specified in Chapter 1117 .

(6) Declare zoning permits void, pursuant to Section 1115.03 .

(Ord. 07-8. Passed 3-19-07.)

1107.04 POWERS OF ZONING INSPECTOR, BOARD OF ZONING APPEALS AND CITY COUNCIL ON MATTERS OF APPEAL.

It is the intent of this Ordinance that all questions of interpretation and enforcement shall first be presented to the Zoning Inspector. Such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Inspector. Objections to the decision of the Board of Zoning Appeals shall be made only to a court of competent jurisdiction. It is further the intent of this Ordinance that the powers of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement of this Ordinance that may arise. City Council shall not have the authority to override the decisions of the Board of Zoning Appeals and/or the Zoning Inspector on matters of appeal or variance.

(Ord. 07-8. Passed 3-19-07.)

1109.01 ZONING PERMIT REQUIRED.

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 Board of Zoning Appeals, deciding on appeal or variance, as provided by this Ordinance.

(Ord. 07-8. Passed 3-19-07.)

1109.02 CONDITIONS UNDER WHICH A ZONING PERMIT IS REQUIRED.

A zoning permit is required for any of the following:

(a) Construction or structural alteration of any building, structure, and, accessory use.

(b) Occupancy and use of vacant land.

(c) 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.

(d) Change in the use of a nonconforming building or structure.

(Ord. 07-8. Passed 3-19-07.)

1109.03 APPLICATION FOR ZONING PERMIT.

Applications for a zoning permit shall be obtained from the Zoning Inspector. At a minimum, the application shall contain the following information:

(a) Name, addresses, and telephone numbers of the applicant.

(b) Legal description of property, as recorded in Perry County Recorder’s office.

(d) Zoning districts in which property is located.

(e) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations.

(f) Height of proposed buildings or alterations.

(g) Number and dimensions of existing and proposed off-street parking or loading spaces, if applicable.

(h) 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. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.

(Ord. 07-8. Passed 3-19-07.)

1109.04 APPROVAL OF ZONING PERMITS.

Within 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 (1) year. One (1) 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. One (1) copy retained by the Zoning Inspector shall be forwarded to the County Auditor upon issuance of a Certificate of Zoning Compliance along with one (1) 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 alternation is in conformance with the provisions of this Ordinance.

(Ord. 07-8. Passed 3-19-07.)

1109.05 SUBMISSION TO THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION.

Before any zoning permit is issued affecting any land within 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 300 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by first class mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice sent to the Director of the Department of Transportation. If the Director 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 notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Ohio 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 1109.04.

(Ord. 07-8. Passed 3-19-07.)

1109.06 RECORD OF ZONING PERMIT.

A record of all approved zoning permits shall be kept on file in the Office of the City Administrator, and copies shall be furnished upon request to any person requesting it.

(Ord. 07-8. Passed 3-19-07.)

1109.07 EXPIRATION OF ZONING PERMITS.

If the work described in any zoning permit has not begun within one (1) 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. The Zoning Inspector shall revoke it, and written notice thereof shall be given to the persons affected.

(Ord. 07-8. Passed 3-19-07.)

1111.01 POWER OF CITY COUNCIL.

Whenever the public necessity, general welfare or good zoning practice requires, Council may, by Ordinance, alter 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. 07-8. Passed 3-19- 07.)

1111.02 INITIATION OF ZONING AMENDMENTS.

Amendments to this Ordinance may be initiated in one of the following ways:

(a) By referral of a proposed amendment to the Planning Commission by City Council.

(b) By the adoption of a motion by the Planning Commission submitting the proposed amendment to City Council.

(c) By the filing of an application by at least one (1) owner or lessee of property, or his designated agent, within the area proposed or affected by the said amendment. (Ord. 07-8. Passed 3-19-07.)

1111.03 CONTENTS OF APPLICATION.

An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:

(a) Name, address, and phone number of the applicant.

(b) Proposed amendment to the text or legal description of the property affected.

(d) Proposed use and district.

(e) A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require.

(f) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Perry 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 amendment will impact adjacent and proximate properties.

(h) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.

(i) A fee as established by the City Council.

(Ord. 07-8. Passed 3-19-07.)

1111.04 RECOMMENDATION BY PLANNING COMMISSION.

Upon referral of the proposed ordinance by City Council, or the filing of an application by at least one (1) owner or lessee of the property, or their designated agent, said proposed amendment or application shall be transmitted to the Planning Commission.

Within sixty (60) days after the first regular meeting of the Planning Commission after the receipt of the proposed amendment, the Planning Commission shall recommend to City Council that the amendment be approved as requested, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning Commission may seek input from interested parties in the form of hearings, meetings, or other methods.

(Ord. 07-8. Passed 3-19-07.)

1111.05 ACTION BY CITY COUNCIL.

(a) Public Hearing. Before the proposed ordinance may be passed, the City Council shall hold a public hearing, and shall give at least thirty (30) days notice of the time and place thereof in a newspaper of general circulation in the City. If the proposed ordinance intends to remove or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk, by first-class mail, at least twenty (20) days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the Perry County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.

(b) Display of Relevant Materials. During such thirty (30) days, 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 the City.

(c) Action by City Council. No such ordinance, which is in accordance with the recommendation submitted by the Planning Commission, shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the City Council. No such ordinance which violates, differs from, or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths (3/4) of the membership of the City Council.

(d) Criteria. In reviewing the proposed amendment and arriving at its decision, the City Council shall consider the following factors:

(1) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with land use plans for the general area.

(2) The effect of the adoption of the proposed amendment on motor vehicle access and traffic flow in the general area.

(3) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the residents of the City.

(e) Effective Date and Referendum. Such amendment adopted by City Council shall become effective thirty (30) days alter the date of such adoption unless within thirty (30) days alter the passage of the ordinance there is presented to the City Clerk a petition, signed by a number of qualified voters residing in City equal to not less than ten (10) percent of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting the City Council to submit the zoning amendment to the electors of the City for approval or rejection at the next general election.

No amendment for which such referendum vote has been requested shall be put into effect unless a majority vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the voters have approved the amendment, it shall take immediate effect. (Ord. 07-8. Passed 3-19-07.)

1113.01 APPEALS.

Appeals concerning interpretation or administration of this Ordinance may be taken by any owner of property or any other party with a substantial interest in the matter who is adversely affected. Such appeal shall be taken within thirty (30) days after the date of the decision, by filing with the Zoning Inspector or with the Board of Zoning Appeals a notice of appeal specifying the decision of the Zoning Inspector from which the appeal is being taken.

(Ord. 07-8. Passed 3-19-07.)

1113.02 POWERS OF THE BOARD OF ZONING APPEALS.

The Board of Zoning Appeals shall have the power to authorize, upon appeal, variances from the provisions or requirements of this Ordinance. Variances shall be granted only when exceptional conditions exist. Exceptional conditions would include irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, where strict application of the provisions or requirements of this Ordinance would deprive the owner of the reasonable use of the land and buildings involved because of practical difficulty or unnecessary hardship. The Board shall not grant a variance from any provision of this Ordinance unless it finds that the following facts and conditions exist:

(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located.

(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.

(Ord. 07-8. Passed 3-19-07.)

1113.03 APPLICATION FOR VARIANCE AND APPEAL.

Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. An application for a variance or appeal shall be filed with the Zoning Inspector on a form as specified for that purpose. The Zoning Inspector shall forward a copy of the application to the Board of Zoning Appeals.

The application for a variance or an appeal shall contain the following information:

(a) Name, addresses, and phone number of the applicant.

(b) Legal description of property as recorded in Perry County Recorder’s office.

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

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

(f) 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 ground 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 Section 1113.02 (a) to (e).

(Ord. 07-8. Passed 3-19-07.)

1113.04 PUBLIC HEARING BY THE BOARD.

Prior to making a decision on the proposed appeal or variance, the Board may hold a public hearing for consideration of an appeal from a decision of the Zoning Inspector or variance unless a resolution is passed. If such hearing is held, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days before the date of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.

Before holding such public hearing written notice of such hearing shall be mailed by the Clerk of the City, by first-class mail, at least ten (10) days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above.

(Ord. 07-8. Passed 3-19-07.)

1113.05 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Ordinance. A violation of any 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 shall be punishable under Section 1115.02.

(Ord. 07-8. Passed 3-19-07.)

1113.06 ACTION BY BOARD OF ZONING APPEALS.

Within sixty (60) days after the first regular meeting of the Board of Zoning Appeals following submittal of an application filed pursuant to Section 1113.03, the Board shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Board 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 reasons for such denial shall be noted in writing. The Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail, or in person.

(Ord. 07-8. Passed 3-19-07.)

1113.07 COURT OF COMMON PLEAS.

After the Board of Zoning Appeals takes action, the applicant, or other party adversely affected by the action, may seek relief through the Court of Common Pleas. Such appeal must be filed within thirty (30) days from the date of the action by the Board. The aggrieved party shall serve a copy of the notice of appeal on the Clerk of the City within seven (7) days from the date of filing of the appeal.

(Ord. 07-8. Passed 3-19-07.)

1115.01 SCHEDULE OF FEES, CHARGES AND EXPENSES.

The City 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 posted in the office of the City Administrator, and may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application.

(Ord. 07-8. Passed 3-19-07.)

1115.02 VIOLATIONS.

(a) Failure to Obtain a Zoning Permit. Failure to obtain a permit or certificate as required by specific sections of this Ordinance shall be a deemed a violation and punishable under subsection (d) hereof.

(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 subsection (d) hereof.

(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 such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and provided for by this Ordinance.

(d) Penalties for Violation. 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 requirements thereof, shall, upon conviction, be fined not more than one hundred dollars ($100.00) 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 City 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 sections of this Ordinance, in which case the penalties so defined in those sections shall apply.

(Ord. 07-8. Passed 3-19-07.)

1115.03 VOID ZONING PERMIT.

A zoning permit shall be void if any of the following conditions exist:

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

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

When a zoning permit has been declared void for any of the above reasons by the Board of Zoning Appeals, written notice of its revocation shall be given by certified mail to the applicant, sent to the address as it appears on the application. Such notices also shall 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. 07-8. Passed 3-19-07.)

1115.04 FAILURE TO ENFORCE PROVISIONS OF ZONING ORDINANCE.

The failure of the City or any of its duly authorized agents to enforce any provision or violation of this Ordinance shall not be deemed a waiver of the right of the City or any of its duly authorized agents to subsequently enforce any such provision or violation.

(Ord. 07-8. Passed 3-19-07.)

1117.01 INTENT.

Within the districts established by this Ordinance, there may exist lots, structures, and/or uses of land or structures 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 necessarily to encourage their survival. (Ord. 07-8. Passed 3-19-07.)

1117.02 WHEN PERMITTED.

(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 lawful 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.

(Ord. 07-8. Passed 3-19-07.)

1117.03 SUBSTITUTION.

The Board of Zoning Appeals shall 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.

A nonconforming mobile home, once removed, shall not be allowed to be relocated on another lot, or replaced with another mobile home, without specific approval of the Board of Zoning Appeals. (Ord. 07-8. Passed 3-19-07.)

1117.04 EXTENSION.

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

(a) The Board of Zoning Appeals may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent so the resulting building shall be not more than one-hundred-seventy-five percent (175%) of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this Ordinance. The Commission shall not authorize an enlargement, which would result in a violation of the provisions of this Ordinance with respect to a yard or setback affecting any adjoining premises.

(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 that 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 most proximate Residential District. (Ord. 07-8. Passed 3-19-07.)

1117.05 DISCONTINUANCE.

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 one (1) year.

(b) When the nonconforming use has been replaced by a conforming use.

(Ord. 07-8. Passed 3-19-07.)

1117.06 DAMAGE AND/OR DESTRUCTION OF A NONCONFORMING BUILDING OR USE.

When a building or structure, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, or an act of God to the extent that less than sixty percent (60%) 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 one (1) year of the time of damage that construction is completed within two (2) years, and that such restoration or rebuilding would not extend or expand the existing use. If more than sixty percent (60%) 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 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 City. Such appraisals shall be performed according to a comparable value method of appraisal.

(Ord. 07-8. Passed 3-19-07.)

1117.07 MAINTENANCE AND REPAIR.

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.

(Ord. 07-8. Passed 3-19-07.)

1117.08 NONCONFORMING LOTS OF RECORD.

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 three (3) feet.

(b) For lots having a depth of less than 100 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 fifteen than feet. (Ord. 07-8. Passed 3-19-07.)