Paulding City Zoning Code
SCOPE AND
APPLICATION
§ 155.01 INTENT AND APPLICATION.
(A) Title. This chapter is the “Zoning Code for the Village of Paulding, Ohio”.
(B) Purposes and intent.
(1) Purpose. The purpose of this zoning code and the intent of the legislative authority in its adoption is to promote and protect to the fullest extent permissible under state laws, the public health, safety, convenience, comfort, prosperity and the general welfare of the village; by regulating the use of buildings, other structures and land for residences, public facilities, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot coverage and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the corporate limits of the village, into districts of such number and dimensions in accordance with the objectives of the zoning code; and to provide procedures for the administration and amendment of said zoning code.
(2) Intent. This zoning code is intended to achieve, among others, the following objectives:
(a) To protect the character and values of residential, institutional and public uses, business, commercial and manufacturing uses; and to ensure their orderly and beneficial development;
(b) To provide adequate open spaces for light, air and outdoor uses;
(c) To prevent overcrowding of the land;
(d) To prevent excessive concentration of population; and, on the other hand, to prevent sparse and uncoordinated development;
(e) To regulate and control the location and spacing of buildings on the lot and in relations to the surrounding property so as to maintain the public health of the village;
(f) To regulate the location of buildings and intensity of uses in relation to streets according to plans so as to cause the least interference with, and be damaged least by traffic movements, and hence result in lessened street congestion and improved public safety;
(g) To establish zoning patterns that ensure economical extensions for sewers, water supply, waste disposal and other public utilities, as well as development of recreation, schools and other public facilities; and
(h) To accomplish the specific intent and goals set forth in the introduction to the respective sections.
(C) Relation to other laws.
(1) The provision of this zoning code shall supplement any and all laws of the state, ordinances of this village or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such zoning code.
(2) The provisions of this chapter shall not annul or in any way interfere with existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued except those ordinances or sections thereof which are contrary to and in conflict with this chapter.
(3) Wherever this code imposes greater restrictions upon the use of buildings or land, the heights or bulk of buildings, or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by other deed or plat restrictions, codes, laws, ordinances rules or regulations, this zoning code shall control; and conversely, other regulations shall control where they impose greater restrictions than this code.
(D) Interpretation. In interpreting and applying the provisions of the zoning code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and to accomplish the objectives set forth throughout the chapter. Except as specifically provided herein, it is not intended by the zoning code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon.
(E) Validity. Should any section or provision of this zoning code be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the section or provision so declared to be invalid. Nor shall the decision affect its application to different facts or circumstances.
(F) Form of chapter. This chapter is included as Chapter 155 under code of ordinances of the Village of Paulding, Ohio. Chapter 155 is subdivided into sections, commencing with the first section which shall be numbered § 155.01. The two figures “01" after the decimal signify the first section. The chapter and section headings herein have been inserted for convenience in reference and are not intended to define or limit the scope of, or otherwise affect, any provision in this chapter.
(Ord. 656-70, passed 2-16-1970)
§ 155.02 DEFINITIONS.
(A) Interpretation. Words in this chapter are normally used in their ordinary English usage. Certain terms are however, defined in this section and wherever used in this zoning code, they shall have the meaning as set forth in the divisions of this section, except where the context clearly indicates a different meaning.
(B) General terms. The work “shall” is to be interpreted as mandatory and shall be complied with unless waived; “may” is to be interpreted as having permission or being allowed to carry out a provision; “should” is to be interpreted as expressing that the application of said criteria or standard is desired and essential unless commensurate criteria or standards are achieved. All words used in the singular shall include the plural, and the words used in the present tense shall include the future tense, unless the context clearly indicates the contrary. The phase “used for” shall include “arranged for”, “designed for”, “intended for”, “maintained for” or “occupied for”.
BOARD. The Board of Zoning Appeals of the Village of Paulding.
CLERK. The duly acting and qualified Clerk of the Village of Paulding.
CODE. The zoning code of the Village of Paulding.
COUNCIL. The legislative board of the Village of Paulding.
COUNTY. The County of Paulding, Ohio.
DEVELOPER. A person commencing proceedings under this chapter to effect the development of land for him, her or for another.
ENGINEER. The Engineer hired by the Village of Paulding.
PERSON. An individual, firm, association, corporation, trust or any other legal entity, including his, her or its agents.
REGULATION. A rule, restriction or other mandatory provision in this chapter intended to control, require or prohibit an act.
STANDARD. A test, measure, model or example of quantity, extent or quality.
VARIANCE. A modification of the zoning regulations, permitted in instances where a literal application of the provisions of the zoning code would result in unnecessary hardships as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question in accordance with procedures and standards set forth in § 155.52.
VILLAGE. The Village of Paulding.
(C) Areas, buildings and land.
AREA OF BUILDINGS. The area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.
AREA OF DWELLING UNIT. The sum of the gross floor areas above the basement level, including those rooms, and closets, having the minimum ceiling height, light, ventilation and any other features as further defined in § 155.15.
AREA OF LOT. The total horizontal area within the lot boundary lines of a zoning lot.
(D) Automotive uses.
ACCESSORY PARKING AREA. An open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants, their guests or customers, of a main building.
LOADING SPACE. An open or enclosed space, other than a street used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
PRIVATE GARAGE. A building, accessory to a one or two-family dwelling, used exclusively for the parking or temporary storage of passenger automobiles.
PUBLIC PARKING AREA. An open or enclosed publicly owned area used for passenger automobile parking, with or without a fee.
REPAIR GARAGE. A main or accessory building used or designed for repairing motor vehicles; a service garage if accessory to an automobile salesroom.
SALES LOT. An open area used for the display, sales or rental of new or used motor vehicles, on which no repair (except minor work) is performed.
SERVICE STATION. A building and land including pumps, tanks and grease racks, used for the rental sales of gasoline, lubricants, batteries, tires and other automobile accessories, and performing minor service and repairs.
STORAGE GARAGE. A main or accessory building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
(E) Building and structures.
ACCESSORY BUILDING. A subordinate building including a private garage detached from, but located on the same lot as the main building, the use of which is indicant and accessory to that of the main building of use.
BASEMENT. The space of a building where the floor level is more than three feet below the adjoining finished grade.
BUILDING. A structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as a shelter or enclosure for persons, animals or enclosure for property. The term shall be used synonymously with “structure” unless otherwise noted, and shall be construed as if followed by the words “part or parts thereof”.
BUILDING LINE. A line established by this zoning code, general parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground except as may be provided in said chapter.
DETACHED BUILDING. A building surrounded by open space.
HEIGHT OF BUILDING. The vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the ridge of a pitched roof to the average finished grade across the face of the building containing its principal entrance.
LAND COVERAGE. The space of a building where the floor level is more than three feet below the adjoining finished grade.
MAIN BUILDING. The building occupied by the main use or activity on or intended for the premises, all parts of said building are connected in a substantial manner by common walls and a continuous roof.
STRUCTURE. That which is constructed on or under the ground or attached or connected thereto, including, but not limited to, buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks; and excluding mobile homes, trailers and other vehicles whether on wheels or other supports.
(F) Family.
FAMILY. Either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household;
ROOMER. A person, other than a member of the family as defined above, who rents one or more rooms in a dwelling from the resident family.
(G) Dwellings and other living accommodations.
DWELLING. A building designed or occupied exclusively for residential use and permitted accessory uses.
DWELLING UNIT. Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
MOBILE HOME. Any vehicle or similar portable structure having no foundation other than wheels, jacks, supporting walls or skirting and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
MOTEL. A building or buildings, providing overnight accommodations principally for automobile travelers in which access to each rental unit is provided directly through an exterior door.
MULTIFAMILY DWELLING. A building consisting of three or more dwelling units with varying arrangements or entrances and party walls.
(a) APARTMENT. A multifamily building comprised of three or more dwelling units arranged one above the other and side by side, each unit having at least one entrance connected to a common interior hall leading to the exterior.
(b) TOWNHOUSE. A multifamily building comprised of single dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances.
ONE-FAMILY DWELLING. A building consisting of a single dwelling unit only, separated from other dwelling units by open space. It may be attached to another one-family dwelling by a common fireproof wall.
ROOMING HOUSE. A building operated for compensation by a resident family, in which a room or rooms are provided for living and sleeping facilities to one or more persons.
TWO-FAMILY DWELLING. A building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances.
(H) Grades.
ESTABLISHED STREET GRADE. The elevation established by the village, at the roadway, centerline or curb in front of the lot.
FINISHED GRADE. The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
NATURAL GRADE. The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(I) Home occupations and professional offices.
HOME OCCUPATION. A gainful occupation enumerated in § 155.15 conducted by members of a resident family wholly within a dwelling or in a building accessory thereto;
HOME PROFESSIONAL OFFICE. A secondary office in a dwelling occupied by a person practicing a profession enumerated in § 155.15.
(J) Lot, parcel and land.
COMMON LAND. Land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a subdivision or development area.
CORNER LOT. A lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees.
FRONT LOT LINE. The lot line separating an interior lot from the street upon which it abuts; to the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with STREET LINE.
INTERIOR LOT. A lot other than a corner lot or through lot.
LOT. A division of land such as an “inlot” or “outlot” separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map, or by metes and bounds.
LOT DEPTH. The mean horizontal distance of a lot measured between the front and rear lot lines.
LOT LINE. The boundary of a lot separating it from adjoining public, common or private land, including a public street.
LOT OF RECORD. Land designated as a separate parcel on a plat map or deed in the records of Paulding County, Ohio.
LOT WIDTH. The horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. WIDTH at front lot line is measured along the street line.
PRIVATE LAND. Land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified on subdivision and development plans submitted to the village.
REAR LOT LINE. A lot line parallel or within 45 degrees or being parallel to the front lot line.
SIDE LOT LINE. A lot line, which is neither a front nor rear lot line.
ZONING LOT. A parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit together with such open spaces as required by this zoning code. Unless the context clearly indicates the contrary, the term lot is used synonymously with ZONING LOT in this zoning code and it may or may not coincide with a lot of record;
(K) Maps, plans and plats.
DEVELOPMENT AREA. The minimum area of land permitted by this chapter to be developed by a single owner or a group of owners, acting jointly, which may consist of a parcel or assembled parcels, and includes a related group of one-family dwellings, townhouses, and apartment dwellings planned and developed as an entity under the planned development area procedures.
FINAL PLAN. The final plan prepared by a developer based upon the approved preliminary plan of a proposed development or development area which consists of detailed drawings, specifications, cost estimates and agreements for the construction of the site improvements and buildings for the proposed development or development area.
MAP. A drawing showing geographic, topographic or other physical features of the land.
PLAN. A drawing of a proposed design or of work to be performed.
PLAT. A map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
PRELIMINARY PLAN. A drawing prepared by a developer, which may include explanatory exhibits and text, submitted to the designated authority for the purpose of a study of a proposed development of land, or a preliminary plan of land and buildings of a development area which, if approved by the designated authority, provides the basis for proceeding with the preparation of the final plan of a development or development area.
(L) Nonconforming building, lot and use.
NONCONFORMING BUILDING. A building existing lawfully at the time this zoning code, or an amendment thereto, become effective but which does not conform to the area, height or bulk of building, yard or other regulations of the district in which it is located.
NONCONFORMING LOT. A lot existing lawfully at the time this zoning code, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
NONCONFORMING USE. The use of a building or land, existing lawfully at the time this zoning code, or an amendment thereto, became effective but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located.
(M) Streets.
STREETS.
(a) A public way for purpose of vehicular travel including the entire area within the rights-of-way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway.
(b) STREETS shall be classified and further defined as follows.
1. CUL-DE-SAC. A street, one end of which connects with another street and the other end of which is a dead end, which allows space for turning of vehicles.
2. LOCAL STREET. A street primarily for access to abutting residential properties and to serve local needs.
3. MAJOR STREET. A public street, which is primarily for moving fast or heavy traffic between large or intensively developed districts.
4. PRIVATE STREET. A street held in private ownership.
5. RIGHT-OF-WAY. All of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
a. ROADWAY. The portion of a right-of-way available for vehicular travel, including parking lanes.
b. TREE LAWN. The portion of a right-of-way lying between the exterior line of the roadway and the outside right-of-way line.
c. OTHER RIGHTS-OF WAY. As follows.
i. EASEMENT. The right of a person to use common land or private land owned by another for a specific purpose.
ii. PEDESTRIAN WAY. A public or private right-of-way solely for pedestrian circulation.
6. SECONDARY STREET. A street supplementary to and connecting major streets to local streets.
7. STREET LINE. The street right-of-way line.
(N) Use.
ACCESSORY USE. A use located on the same zoning lot with the main use of the building, other structure or land, which is subordinate, and related to that of a main building or main use.
CONDITIONAL USE. An uncommon or infrequency use which may be permitted in specific districts subject to the compliance with certain standards and explicit conditions set forth in this zoning code and the granting of a conditional use permit.
MAIN USE. The principal use of an activity conducted in a building, other structure or on the land.
USE. Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; or any activity conducted in a building, other structure, or on the land.
(O) Yards.
COURT. An open space other than a yard, bounded on two or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.
FRONT YARD. The yard extending from the front wall of the building to the front lot line across the full width of the lot.
REAR YARD. The yard extending from the rear wall of the building to the rear lot line across the full width of the lot.
REQUIRED YARD. The minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations on the district in which the zoning lot is located. A REQUIRED YARD shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the zoning code and except for walks, landscaping and other yard or site features.
SIDE YARD. The yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard; provided, that for a corner lot, the SIDE YARD extends from the front yard to the rear lot line on the street side.
YARD. The portion of the open area on a lot extending between a building and the nearest lot line, or between an accessory use of building and the nearest lot line as established in the zoning code.
(Ord. 656-70, passed 2-16-1970; Ord. 1613-21, passed 2-16-2021)
§ 155.03 ESTABLISHMENT OF CODE AND MAPS.
(A) Establishment of district.
(1) In order to carry out the purpose of this chapter, the village is hereby divided into the following districts, all of which are designed on the zone map by symbols and boundaries, said districts shall be known as:
Title | Abbreviation |
Title | Abbreviation |
Residential Districts | |
One-Family | R-1 |
One- and Two-Family | R-2 |
Multifamily | R-3 |
Mobile Home Districts | |
Mobile Home | MH |
Business Districts | |
Convenience Business | B-1 |
General Business | B-2 |
Central Business | B-3 |
Industrial Districts | |
Light Industrial | M-1 |
Heavy Industrial | M-2 |
Flood Plain Districts | |
Flood Plain | FP |
(2) Whenever the abbreviated terms such as R-1, R-2, B-1, M-1 and the like are used in this chapter, they shall be construed as referring to their corresponding district titles.
(3) The above classification of districts shall not be construed as an enumeration of most restrictive to least restrictive districts except for the specific purposes set forth in this chapter.
(B) Establishment of regulations.
(1) Any building or parcel of land may be used; and the use of any building and any parcel of land may be changed or extended; and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained, only for the uses specifically enumerated or referred to as permitted, or required, in the district in which the building or parcel of land is located and for no other use.
(2) The enumeration of uses within a district shall not be construed as a ranking of the most desirable to less desirable uses.
(C) Establishment of zone map.
(1) The aforesaid districts are designated by symbols and the locations and boundaries of said districts are established on a map entitled, “Zone Map of the Village of Paulding, Ohio”, dated November 29, 1999.
(2) All notations, schedules and other information shown thereon are hereby made a part of this chapter as enacted on November 29, 1999 or subsequently amended in the same manner as other parts of this chapter.
(D) District boundary lines. The district boundary lines of the zone map enclose an area of a designated district, and generally follow recorded lot lines, the centerline of streets, railroad rights-of- way or their extensions, provided, however:
(1) Where the district boundary line is shown by dimension or relationship as being located a specific distance from and/or parallel to a street line, said distance shall control;
(2) Where a district boundary line is shown as adjoining a railroad, it shall, unless otherwise fixed, be construed to coincide with the nearest boundary line of the railroad right-of-way;
(3) Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale, and each part of the parcel shall comply with the regulations of the district in which it is located; or
(4) Where a district boundary lines does not coincide with any of the aforesaid lines and where it is not located by dimensions or fixed points shown on the zone map shall be determined by the scale appearing thereon and, in case of other uncertainties, the Village Council shall determine the exact location.
(E) Annexed territory. All territory which may hereafter be annexed to the village, if already zoned, shall be continued in its existing zone classification until amended in conformance with the procedures outlined in this chapter.
(Ord. 656-70, passed 2-16-1970; Ord. 1613-21, passed 2-16-2021)