Perrysburg City Zoning Code
CHAPTER 1210
Title and Purpose
1210.01 TITLE.
The Perrysburg City Council in accordance with the enabling legislation for Municipal Zoning as provided in Chapter 713 of the Ohio Revised Code and the Charter of the Municipality of Perrysburg, Ohio hereby provides as follows: This Planning and Zoning Code shall be known as and may be cited to as the “Planning and Zoning Code” of the City of Perrysburg, as amended and is referred to herein as the “Zoning Code.”
(Ord. 20-2006. Passed 3-7-06.)
1210.02 AREA OF JURISDICTION.
The provisions of this Zoning Code apply to all development, public and private, throughout the incorporated areas of the City of Perrysburg, Wood County, Ohio, to the extent permitted by law. (Ord. 20-2006. Passed 3-7-06.)
1210.03 PURPOSE.
The purpose of this Zoning Code is to promote the public health, safety, and general welfare of the residents of the City of Perrysburg. This Zoning Code amends the Planning and Zoning Code of the City of Perrysburg, Wood County, Ohio, effective November 9, 1965, as amended to the date of the adoption of this amended Zoning Code, in each and every part thereof that is inconsistent with this amended Zoning Code.
(Ord. 20-2006. Passed 3-7-06.)
1210.04 IMPLEMENTATION OF THE COMPREHENSIVE PLAN.
This Zoning Code shall serve the general good of the community as a whole, protect property values, and secure the most appropriate use of the land, in accordance with the adopted City of Perrysburg Comprehensive Plan by City Council and any additions and amendments as may be approved by the Planning Commission and City Council.
(Ord. 20-2006. Passed 3-7-06.)
1210.05 INTERPRETATION AND RELATIONSHIP TO OTHER REGULATIONS.
In interpreting and applying the provisions of this Zoning Code, these provisions shall be held to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this Zoning Code to interfere with or abrogate or annul any easements, covenants, restrictions established by other ordinances or statutes, or agreements between private parties. However, where this Zoning Code imposes a greater restriction upon the use of buildings or lots or upon the height of buildings, or requires larger open spaces than are imposed or required by any other applicable rule, covenant or law, the provisions of this Zoning Code shall govern. The City has no responsibility or authority for enforcing such private agreements or covenants.
(Ord. 20-2006. Passed 3-7-06.)
1210.06 REPEAL OF CONFLICTING PLANNING AND ZONING CODES.
All Planning and Zoning Codes in conflict with this Zoning Code, or inconsistent with the provisions of this Zoning Code, are hereby repealed to the extent necessary to give this Zoning Code full force and effect. (Ord. 20-2006. Passed 3-7-06.)
1210.07 CONFLICT WITH STATE OR FEDERAL REGULATIONS.
If the provisions of this Zoning Code are inconsistent with those of the State or Federal government, the more restrictive provisions will control, to the extent permitted by law.
(Ord. 20-2006. Passed 3-7-06.)
1210.08 CONFLICT WITH OTHER CITY REGULATIONS.
If the provisions of this Zoning Code are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provisions will control. (Ord. 20-2006. Passed 3-7-06.)
1210.09 OFFICIAL ZONING MAP.
The boundaries of the zoning districts established by the Zoning Code are shown on a map or series of maps designated the “Official Zoning Map”. The Official Zoning Map including all notations, references, data and other information shown therein, is adopted and made a part of this Zoning Code as fully as if it were contained within the pages of this Zoning Code.
(Ord. 20-2006. Passed 3-7-06.)
(a) Location. The Official Zoning Map is filed in the office of the Planning and Zoning. In case of any dispute regarding the zoning classification of property subject to this Zoning Code, the maps maintained by the Planning and Zoning Administrator will govern. Administrative copies of the Official Zoning Map may also be on file on the designated City of Perrysburg website.
(Ord. 116-2010. Passed 7-6-10.)
(b) Updates: The Planning and Zoning Administrator is responsible for updating the Official Zoning Map to reflect amendments adopted by the City Council.
(c) Zoning District Boundaries: Where uncertainty exists with respect to the boundaries of the various districts, the following rules shall apply:
(1) The district boundaries are either streets, places or alleys unless otherwise shown; where the districts designated on the Official Zoning Map are approximately bounded by street, place or alley lines, the same shall be construed to be the boundary of the district.
(2) Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; where districts designated on the Official Zoning Map are approximately bounded by lot lines, the same shall be construed to be the boundary of the districts, unless otherwise indicated on the Official Zoning Map.
(3) Whenever any street, alley, place or other public way is officially vacated by the City, the district adjoining each side thereof shall be automatically extended to the center of such vacation and all area included in the vacation shall thereafter be subject to all appropriate regulations of the extended districts.
(4) All areas within the City which are now or hereafter under water and not shown as included within any district shall be deemed to be within the district immediately adjoining the water area and subject to all appropriate regulations of the extended districts.
(5) Where physical or natural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Rules (1) through (4) above, the Planning and Zoning Administrator shall interpret the boundaries.
(6) Any dispute in the determination of the Zoning District boundaries shall be heard by the Board of Zoning Appeals.
(Ord. 20-2006. Passed 3-7-06.)
1210.10 COMPLIANCE WITH DISTRICT REGULATIONS.
Compliance with District regulations shall be required except as hereinafter provided:
(a) No building or structure shall be erected, converted, enlarged, reconstructed, relocated or structurally altered, nor shall any building or land be used, except for a purpose or use permitted in the district in which the building or land is located, nor in excess of the height and bulk limits established for such district.
(b) No building or structure intended for a dwelling use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the floor area regulations of the district in which it is located.
(c) No building or structure shall be erected, converted, enlarged, reconstructed, relocated or structurally altered except in conformity with the yard and lot area regulations and the off-street parking and loading regulations of the district in which such building is located.
(d) The minimum yards, parking space and other open spaces, including lot area per family, required by this Zoning Code for any building hereafter erected or structurally altered, shall not be encroached upon or considered as a parking yard or open space or lot area requirement for any other building, nor shall any other lot area be reduced beyond the district requirements of this Zoning Code.
(e) Every building or structure hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot, except as provided in Section 1275.02(b)(6).
(Ord. 20-2006. Passed 3-7-06.)
1210.11 REGULATIONS APPLICABLE TO MUNICIPAL PROPERTY.
Provisions of this Zoning Code shall be deemed to apply to any premises now owned or hereafter acquired by the City as to any use or uses thereof now or hereafter made. The provisions of the Special Approval Use process shall apply.
(Ord. 20-2006. Passed 3-7-06.)
1210.12 APPEALS TO COUNCIL.
(a) Any appeal to Council pursuant to the Planning and Zoning Code of the City of Perrysburg, Ohio, shall be filed with the City pursuant to the specific terms of the provision granting the right to appeal.
(b) Unless otherwise provided for by law, an appeal may be filed by the party or parties who filed the initial application for consideration by the municipal commission, board, agency, or other decision maker to which the issues were initially presented.
(c) No such appeal may be filed until there has been a final decision by that commission, board, agency, or decision-maker; however, if (1) the underlying commission, board, agency, or decision-maker has failed to take action on an application or request a full hearing on the issues presented, and (2) the applicant has not agreed to re-submit, re-present, or otherwise return a modified application for consideration, an appeal may be accepted pursuant to a motion from Council to accept such an appeal, which may be passed by the affirmative vote of not less than five members of Council.
(d) The notice of appeal shall be filed in writing with the Clerk of Council. At the next regularly-scheduled meeting of City Council after an appeal has been filed, the Clerk of Council shall fix the time and place for a hearing on the appeal. Prior to the scheduled hearing, the issue shall be reviewed by the Planning and Zoning Committee unless Council by a majority vote refers the appeal directly to the scheduled hearing.
(e) Four (4) members of Council shall constitute a quorum to hear an appeal. Unless otherwise specifically provided for in the Planning and Zoning Commission or by law, the following procedure will apply to all such appeals; the appellant shall have the right to appear and be heard in person or by counsel; to offer and examine witnesses and present other evidence, which evidence shall be included with the final transcript or other record of the appeal; to examine any opposing witnesses and otherwise offer evidence to refute any evidence or testimony contrary to its positions; and to proffer any such evidence into the record, if the admission of it is denied by the officer or body appealed from. Any testimony in this appeal will be under oath and subject to legal penalties for falsification.
(f) In considering any issue on appeal, City Council shall apply the Code as it is drafted, exercising its independent judgment in interpreting any reasonably ambiguous or unclear provisions in the Code; however, Council shall not vary from those provisions and shall have no authority to disregard the terms of the Code to reach its decision.
(g) Following determination of an appeal, City Council shall prepare and approve written conclusions of fact supporting its decision.
(Ord. 92-2012. Passed 5-1-12.)