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Pingree Grove City Zoning Code

CHAPTER 1

TITLE; PURPOSE; INTERPRETATION

11-1-1: TITLE:

This title shall be known, cited, and referred as the PINGREE GROVE ZONING ORDINANCE. (1990 Code §21.1.010)

11-1-2: PURPOSE AND INTENT:

   A.   This title is adopted for the purpose of:
      1.   Promoting the public health, safety, comfort, morals, convenience, and general welfare.
      2.   Securing adequate light, pure air, and safety from fire and other dangers.
      3.   Conserving the taxable value of land and buildings throughout the village.
   B.   To these ends, this title is designed to set up and accomplish certain standards and objectives by:
      1.   Dividing the entire village into districts and restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land, whether for residence, business, manufacturing, or other specified uses.
      2.   Avoiding or lessening congestion in the public streets.
      3.   Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings thereafter erected as related to land area.
      4.   Establishing, regulating, and limiting the building or setback lines on or along streets, alleys, or property lines.
      5.   Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces within and surrounding such buildings.
      6.   Establishing standards to which buildings or structures shall conform.
      7.   Prohibiting uses, buildings, or structures incompatible with the character of the residence, business, or manufacturing districts.
      8.   Preventing additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.
      9.   Providing for the gradual elimination of those uses, buildings, and structures which are incompatible with the character of the districts in which they are made or located, including, without being limited thereto:
         a.   Elimination of such uses of unimproved lands or lot areas when existing rights of the persons in possession thereof are terminated or when the uses to which they are devoted are discontinued;
         b.   Elimination of uses to which such buildings and structures are devoted if they are adaptable for permitted uses; and (1990 Code §21.1.020)
         c.   Elimination of such buildings and structures when they are destroyed or damaged in major part, or when they have reached the age fixed by the village president and board of trustees as the normal useful life of such buildings or structures. (1990 Code §21.1.020; amd. 2011 Code)
      10.   Providing for the acquisition by purchase, condemnation, or otherwise, of any buildings or structures which do not conform to the standards fixed by the village.
      11.   Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter.
      12.   Prescribing penalties for the violation of the provisions of this title or of any amendment hereto. (1990 Code §21.1.020)

11-1-3: COMPLIANCE REQUIRED:

All uses of buildings, structures, and land established hereafter; all buildings, structures and improvements to land constructed or erected hereafter; and all existing buildings and structures raised, moved, reconstructed, extended, enlarged, or altered hereafter shall conform to all regulations of this title and all amendments hereto pertaining to the zoning district in which such buildings, structures, and land are located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, or any amendment hereto, and where construction has begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with said permit; and further, upon completion, may be occupied for the use originally designated, subject to the provisions on nonconforming uses, chapter 11 of this title. (1990 Code §21.1.070)

11-1-4: INTERPRETATION AND APPLICATION OF PROVISIONS:

   A.   Minimum Requirements: In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.
   B.   More Restrictive Provisions Apply:
      1.   Where the conditions imposed by any provisions of this title upon the: a) use of land or buildings; b) the bulk of buildings; c) floor area requirements; d) lot area requirements; and e) yard requirements, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
      2.   This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.
   C.   Unlawful Existing Buildings, Structures And Uses: No building, structure, or use not lawfully existing at the effective date hereof shall become or be made lawful solely by reason of the adoption of this title, and to the extent that and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder. (1990 Code §21.1.030)

11-1-5: SEPARABILITY:

It is declared to be the intention of the board of trustees that the several provisions of this title are separable in accordance with the following:
   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any provision of this title not specifically included in said judgment.
   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (1990 Code §21.1.040)