Smithville City Zoning Code
ENFORCEMENT
§ 153.090 ZONING INSPECTOR.
(A) It shall be the duty of the Zoning Inspector, who shall be appointed by the Council, to enforce this chapter. It shall also be the duty of all officials and employees of the municipality to assist the Zoning Inspector by reporting to him or her upon new construction, reconstruction or land uses or upon seeming violations.
(B) Appeal from the decision of the Zoning Inspector may be made to the Board of Appeals as provided in §§ 153.110 et seq.
(Ord. 76-43, passed 12-13-1976)
§ 153.091 ZONING CERTIFICATE.
(A) It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. It shall be the duty of the Zoning Inspector to issue a certificate, provided he or she is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of this chapter. No permit for excavation or construction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this chapter.
(B) Under written request from the owner or tenant, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of this chapter certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this chapter. No charge shall be made for issuing a zoning certificate In accordance with this paragraph.
(Ord. 76-43, passed 12-13-1976)
§ 153.092 CONDITIONS UNDER WHICH CERTIFICATES ARE REQUIRED.
A zoning certificate shall be required for any of the following, except as herein provided:
(A) Construction or alteration of any building, including accessory buildings;
(B) Change in use of an existing building or accessory building to a use of a different classification;
(C) Occupancy and use of vacant land;
(D) Change in the use of land to a use of a different classification; and
(E) Any change in the use of a non-conforming use.
(Ord. 76-43, passed 12-13-1976)
§ 153.093 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.
(A) Written application for a zoning certificate for the construction of a new building or for the alteration of an existing building shall be made to the Zoning Inspector. The certificate shall be issued within ten days after written request for the same has been made to the Zoning Inspector or his or her agent, provided the construction or alterations is in conformity with the provisions of this chapter.
(B) Written application for a zoning certificate for the use of vacant land or for a change in the use of land or of a building or for a change in a non-conforming use, as herein provided, shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate therefore shall be issued within 15 days after the application for same has been made.
(C) Every application for a zoning certificate shall be accompanied by a plot plan drawn to scale and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made.
(Ord. 76-43, passed 12-13-1976)
§ 153.094 DEVELOPMENT PLANS.
(A) Purpose. Development plans are comprehensive site plans required for certain land uses in order to achieve the most desirable arrangements of buildings, off-street parking, and other site improvements, including landscaping, drainage, exterior lighting and signage.
(B) Development plans required. Prior to the issuance of a Zoning Certificate, development plans shall be approved by the Planning Commission for all new development, site improvements or building additions for the following uses:
(1) Residential Districts:
(a) Public and parochial schools;
(b) Private- or publicly-owned parks, playground or golf courses;
(c) Religious buildings;
(d) Cluster dwellings, multiple-family residences, mobile home park.
(2) Commercial Districts: All permitted main and accessory uses.
(3) Industrial Districts: All permitted main and accessory uses.
(C) Pre-submission conference. Prior to submission of development plans the applicant may request a meeting with the Zoning Inspector and other village representatives to review concepts regarding the proposed development. No formal action or approval will be given.
(D) (1) Development plans shall be prepared by a registered professional (as defined by law) and submitted to the Zoning Inspector to be reviewed by the Planning Commission. A complete application by the property owner or his or her authorized agent shall be received by the Zoning Inspector not less than 14 days prior to a regularly scheduled Planning Commission meeting in order to be placed on the agenda for that meeting.
(2) Each application shall be accompanied by the payment of a fee as established by Council.
(3) Application contents: Applications for a development plan approval shall contain the following:
(a) The name, address and telephone number of the applicant requiring the certificate.
(b) The name, address and telephone number of the property owner(s).
(c) The location of the property, including the street address.
(d) A brief description of the intended use.
(e) The current and desired zoning classification of the property.
(f) A listing of all property owners within 500 feet of the subject property.
(g) Preliminary development plan as outlined in division (E) of this section.
(E) Preliminary development plan. A preliminary development plan shall be drawn at a scale of not less than 50 feet to one inch and shall include the following:
(1) Property map. An accurate map of the property showing land owned and proposed for development; adjoining lots, location of oil and gas wells, existing improvements and utilities, easements, and zoning on subject property and on adjoining properties.
(2) Topography. Contours at two-foot intervals for the subject property and for adjoining parcels.
(3) Buildings. The location, area, heights and use of all existing and proposed main and accessory building, distances of buildings to property lines, and nearest buildings on adjacent properties.
(4) Traffic. The proposed system of on-site vehicular circulation and locations of access drives.
(5) Parking areas. The layout and estimate of the number of spaces; distances from parking areas and drives to property lines, existing and proposed buildings and public rights-of-way.
(6) Signs. The location, size and height, of all signs to be placed on the property;
(7) Landscaping. The location and size of areas to be landscaped.
(8) Storm water retention. Location and area of proposed storm water detention/retention areas. The village may require preliminary volume calculations and grading.
(9) Riparian setbacks. Location and extent of riparian setbacks as required by ordinance on the subject property.
(10) Utilities. A conceptual layout of water lines, sanitary sewers and storm sewers.
(11) Floor plans and exterior building elevations. Floor plan(s) and exterior building elevations at a scale of one-quarter inch to the foot (1/4 inch = 1 foot) shall be provided showing existing and or proposed uses.
(12) Agreements. Preliminary drafts of all agreements, contracts, dedications, deed restrictions, easements, sureties and other instruments as may be required.
(13) Additional Information. Additional information may be required to the Commission to make an informed decision.
(F) Review and approval procedures.
(1) Review by staff and consultants. The application shall be referred to village departments and to the Village Engineer and other village consultants for review and comment.
(2) Review by Commission. The Planning Commission shall review the complete application package as transmitted by the Zoning Inspector in terms of the standards established in this Zoning Code. If deemed necessary, the Commission, with the consent of the applicants, may refer an application to other qualified consultants for review. The cost of the review shall be at the expense of the applicant. The Zoning Inspector shall notify owners of properties within 500 feet of the perimeter of the property proposed for development not less than ten days prior to the meeting at which the preliminary development plan will be considered by the Planning Commission.
(3) Modifications permitted in Residential Districts. Where application of a provision in the code would result in a development that, in the opinion of the Planning Commission, would not be satisfactory for the zoning district, the Commission may require adjustments in the development plan, such as improvement to the design and arrangements of buildings, yards, on-site circulation, access drives, and such other features as fences, planting or other landscape feature, to further improve the proposed development and to protect the surrounding developments.
(4) Modifications permitted in Commercial and Industrial Districts. The Commission may make adjustments to certain yard requirements in order to attain greater openness and other amenities by skillful design in the arrangement of buildings, the layout of drives, on-site circulation and parking areas and the design of landscaping or other site features provided:
(a) The total yard area of the lot shall be not less than required under the zoning district regulations;
(b) The maximum percent of the lot occupied by buildings shall not be in excess of that permitted in the zoning district;
(c) The required percent of lot to be landscaped shall not be reduced;
(d) Front yards of buildings may be reduced by 50% of the required distance;
(e) Side or rear yards of a one- or two- story building may be reduced by 50% of the required distance but not less than 15 feet only when adjacent to nonresidential districts;
(f) Front yards of parking areas may be reduced by 50% of the required distance but not less than 25 feet;
(g) Side or rear yards of parking areas may be reduced to five feet only when adjacent to a nonresidential district. Elimination of side or rear yards may be permitted when adjoining an existing or planned parking area in a nonresidential district.
(5) Action by Commission. The Commission shall take action on the preliminary development plan within 45 days from the date of the Commission meeting at which all required plans and date were received. The Commission may approve the preliminary development plan as submitted, approve the preliminary development plan as modified and agreed to by the applicant, or not approve the preliminary development plan as submitted.
(G) Final development plans.
(1) Upon approval of a preliminary development plan, the developer shall prepare and submit a final development plan(s) to the Commission. Upon receipt of a final development plan, the Zoning Inspector shall transmit a copy of the final development plan, including detailed construction plans and specification, to the village departments and to the Village Engineer and other village consultants for their review, reports and recommendations. The cost of the review by consultants shall be at the expense of the applicant.
(2) The final development plan shall incorporate agreed-upon revisions of the preliminary development plan and shall include all the information contained in the preliminary plan and in addition shall include the following:
(a) Survey. A survey of the property by a registered surveyor showing topography at one-foot intervals, land owned and proposed for development, adjoining lots, easements, required riparian corridors, and location of oil and gas wells.
(b) Buildings. The general design, dimensions, materials, and colors of the existing proposed main and accessory buildings.
(c) Traffic. Methods of control of traffic; width and location of access drives; type of pavement and curbing.
(d) Parking areas. The number of spaces; type of pavement.
(e) Utilities. The location, size and grade for all utility installations and connections to present or proposed facilities.
(f) Signs. The type of illumination, materials, colors and contents of all signs to be placed on the property.
(g) Grading and erosion control plan by a registered professional.
(h) Landscaping plan. Location, number, and size of plant materials, their scientific and common names.
(i) Exterior lighting plan. Location and height of all exterior fixtures (luminaires); distribution and proposed intensity of lighting levels at finished grade; fixture catalogues numbers and shop drawings.
(j) Drainage. Drainage and retention systems with engineering documents and calculations as required by the Village Engineer.
(k) Floor plans and exterior building elevations. Floor plans and exterior building elevations at a scale of one-quarter inch to the foot (1/4 inch = 1 foot) showing existing and proposed uses. One building elevation shall be in color.
(l) Agreements. Preliminary drafts of all agreements, contract, additions, deed restrictions, easements, sureties and other instruments as may be required.
(m) Additional information. Additional information may be required for the Commission to make an informed decision.
(H) Final approval. If, after evaluating the reports of the staff and the village consultants, the Commission finds that a proposed final development plan is in accordance with and represents detailed expansion of the preliminary plan heretofore approved, that it is in conformance with the provision if this Zoning Code and the Subdivision Regulations, and that it complies with all of the conditions which may have been imposed in the approval of the preliminary plan or in the review of the final plan by the staff and village consultants, the Commission shall approve the final plan. The decision shall be made within 45 days from the date of the meeting of which reports of staff and village consultants are received.
(I) Lapse of approval. Failure to obtain a building permit and begin the construction of improvements approved in the development plan within one year after approval shall make null and void the development plan unless the Commission grants an extension of time.
(J) Referral to Council. Following approval of the final development plan by the Planning Commission the application shall be forwarded to Council for approval.
(Ord. 2006-10, passed 6-26-2006; Am. Ord. 2017-4, passed 3-27-2017)
§ 153.095 FEE FOR ZONING CERTIFICATE.
(A) (1)
A fee, in accordance with the following schedule of amounts, shall accompany each application for a zoning certificate and shall be deposited to the credit of the General Fund:
Building | Fee |
Building | Fee |
Single-family dwelling or | $200 |
Two-family dwelling | $250 |
Multiple dwelling, Each additional family unit in excess of three | $250 |
Additions - Residential (includes unattached garages) | $125 |
Fences, small storage buildings <200 square feet, paved driveways | $75 |
New Construction – Commercial, Industrial, Mobile Home Park | $300 |
Additions - Commercial | $250 |
Sign Permits (where allowable); political signs are exempt; temporary signs require no-fee permits | $50 |
Utility contractor registration fee | $500 |
(2) The fee for the application for a certificate for the use of residential land, not involving structures, including changes in the use of land, shall be $10. The fee for the application for a certificate for the use of commercial land, including changes in the use of land, shall be $50.
(B) Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates may be kept on file in the Office of the Zoning Inspector or his or her agent, and copies, subject to the right to public records laws of the State of Ohio.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 2004-02, passed 1-12-2004; Am. Ord. 2006-10, passed 6-26-2006; Am. Res. 2011-03, passed 2-28-2011; Am. Res. 2012-03, passed 2-13-2012; Am. Ord. 2017-4, passed 3-27-2017; Am. Ord. 2024-29, passed 11-19-2024)
§ 153.096 ZONING CERTIFICATE FOR NON- CONFORMING USES.
A zoning certificate shall be required for all lawful non-conforming uses of land or buildings created by adoption of this chapter. Application for the certificate for a non-conforming use shall be filed with the Zoning Inspector by the owner or leasee of the building or land occupied by such non-conforming use within one year of the effective date of this chapter. It shall be the duty of the Zoning Inspector to issue a certificate for a lawful non- conforming use, but failure to apply for the certificate for a non-conforming use or refusal of the Zoning Inspector to issue a certificate for such non-conforming use shall be evidence that the non-conforming use was either illegal or did not lawfully exist at the effective date of this chapter. No charge shall be made for issuing a zoning certificate In accordance with this section.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 2006-10, passed 6-26-2006)