Struthers City Zoning Code
TITLE FIVE
Zoning Administration
1111.01 USE OF CERTAIN TERMS.
For the purposes of this Zoning Ordinance, words used in the present tense include the future; the singular number includes the plural and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure" and certain words and terms are defined in the following sections.
(1955 Code. §1111.01)
1111.02 ALLEY.
"Alley" means a narrow thoroughfare upon which abut generally the rear of premises and which is twenty feet or less in width.
(1955 Code. §1111.02)
1111.03 COURT.
"Court" means an open, unoccupied, unobstructed space, other than a yard on the same lot as the building.
(a) "Inner court" means a court not extending to a street or way or to a front or rear yard.
(b) "Outer court" means a court extending to a street or way or to a front or rear yard. (1955 Code. §1111.03)
1111.04 DEPTH OF REAR YARD.
"Depth of rear yard" means the minimum horizontal distance between the extreme rear line of a building, and the rear lot line.
(1955 Code. §1111.04)
1111.05 DWELLING.
"Dwelling" means any house or building or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more persons either permanently or transiently.
(1955 Code. §1111.05)
1111.06 GARAGE.
“Garage” means a building or any portion thereof in which one or more motor vehicles are housed, kept or repaired, not including exhibition or show rooms.
(1955 Code. §1111.06)
1111.07 HALF STORY.
"Half story" means a story which is situated under a sloping roof, the floor area of which does not exceed one half of the floor area of the floor immediately below it and which does not contain an independent apartment. A half story shall not be counted as a story for the purpose of determining yard dimensions.
(1955 Code. §1111.07)
1111.08 HEIGHT OF BUILDING.
"Height of building" means the vertical distance from the established sidewalk grade at the center of the front of the building to the highest point of the roof surface if a flat roof, to the deck line of mansard roofs and to the mean height level between eaves and ridge for gabled, hip and gambrel roofs. For buildings set back from the street line "height of building" may be measured from the average elevation of the finished grade along the front of the building. (1955 Code. §1111.08)
1111.09 LOT.
"Lot" means a piece or parcel of land occupied or to be occupied by one building and its accessory buildings and including the open spaces required under this Zoning Ordinance.
(a) "Corner lot" means a lot abutting upon two or more streets at their intersection, providing the angle at which the streets intersect does not exceed one hundred and thirty-five degrees.
(b) "Interior lot" means a lot the sides of which do not abut any street.
(1955 Code. §1111.09)
1111.10 NONCONFORMING USE.
"Nonconforming use" means a use of a building or land that does not agree with the regulations of the use district in which it is located.
(1955 Code. §1111.10)
1111.11 REAR YARD.
"Rear yard" means a space unoccupied except by a building of accessory use as herein permitted, extending for the full width of the lot between the extreme rear line of a building and the rear lot line, excluding steps, uncovered porches and covered but unenclosed porches on the first story which do not extend more than ten feet beyond the front wall of the building. (1955 Code. §1111.11)
1111.12 SET-BACK.
"Set-back" is the minimum horizontal distance between the street line and the front line of the building, excluding steps, uncovered porches and covered but unenclosed porches on the first story which do not extend more than ten feet beyond the front wall of the building.
(1955 Code. §1111.12)
1111.13 SIDE YARD.
“Side yard” means an open, unoccupied space on a lot occupied by a building extending for the full length of the building between the building and side lot line.
(1955 Code. §1111.13)
1111.14 STREET.
"Street" means a public thoroughfare more than twenty feet wide, provided that any existing thoroughfare less than twenty feet wide, generally known as a street at the time of the passage of Ordinance 2816, passed January 5, 1949, shall be considered a street for the purpose of this Zoning Ordinance.
(1955 Code. §1111.14)
1111.15 ZONING ORDINANCE.
"Zoning Ordinance" or "Ordinance" as used in Titles Five to Nine of this Part Eleven Planning and Zoning Code means Ordinance 2816, passed January 5, 1949, as amended.
1113.01 ZONING COMMISSIONER TO ENFORCE.
The Zoning Commissioner shall enforce the provisions of this Zoning Ordinance.
No permit shall be issued for excavation or for the construction or alteration of any building structure or part thereof, where the plans, specifications or intended use indicate that the building or use would not conform in all respects with the provisions of this Zoning Ordinance. (1955 Code. §1113.01)
1113.02 SAFETY-SERVICE DIRECTOR TO BE ZONING COMMISSIONER.
The Safety-Service Director is hereby authorized and empowered to act as a Zoning Commissioner with full powers to administer, supervise, control and enforce each and every provision of this Zoning Ordinance.
(1955 Code. §1113.02)
1113.03 ZONING COMMISSIONER; AUTHORITY.
The Zoning Commissioner as designated herein, shall be given necessary powers to fully administer and enforce the Planning and Zoning Code and in addition thereto all other related ordinances pertaining to remodeling and constructing of all types of buildings in and
throughout the City.
(1955 Code. §1113.03)
1113.04 ZONING COMMISSIONER; COMPENSATION.
It is further provided that the Safety-Service Director, while acting as Zoning Commissioner shall not receive or be paid any extra compensation over and above the stated salary designated in the salary ordinance.
(1955 Code. §1113.04)
1113.05 PLAT REQUIREMENTS.
All applications for building permits shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the parcel of land to be built upon, the size of the building to be erected, the position of the building upon the lot and such other information as may be deemed necessary to provide for the enforcement of these regulations.
(1955 Code. §1113.05)
1113.06 CERTIFICATE OF OCCUPANCY AND COMPLIANCE REQUIRED.
No vacant land and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever, and no change of use shall hereafter be made on any land or in any building or part thereof until a certificate of occupancy and compliance shall have been issued by the Zoning Commissioner, stating that the building or use complies with the provisions of this Zoning Ordinance and other ordinances or State laws. Application for a certificate of occupancy and compliance shall be filed with the application for a building permit and shall be issued or refused in writing for cause within five days after the Zoning Commissioner has been notified in writing that the erection or alteration of such building has been completed and is ready for occupancy. A record of all such certificates shall be kept in the office of the Zoning Commissioner and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property. Buildings accessory to dwellings, when completed at the same time shall not require a separate certificate of occupancy.
Prior to the issuance of a certificate of occupancy and compliance, a temporary certificate may be issued for a period not exceeding six months, permitting a partial occupancy of a building pending its completion. Such temporary certificates shall be issued only under such restrictions and provisions imposed by the Zoning Commissioner and contained therein as will adequately insure the safety of the occupants. Such temporary certificate shall be revoked by the Zoning Commissioner if prior to its completion, the building fails to conform to the provisions of ordinances of the City or laws of the State.
(1955 Code. §1113.06)
1113.99 PENALTY.
Whoever violates or refuses to comply with any provision of this Zoning Ordinance shall be fined not more than two hundred dollars ($200.00) for each offense, and each day's violation shall constitute a separate offense.
(1955 Code. § 1113.99)
1115.01 CREATION AND AUTHORITY.
(a) The Planning Commission for the purpose herein, is hereby created as a Board of Zoning Appeals with full power and authority to hear and determine the administration of this Zoning Ordinance and the details of the application thereof.
(b) The Planning Commission shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Zoning Ordinance and all resolutions and orders of the Commission shall be in accordance herewith.
(c) The Commission shall have power to review any order or decision of the Zoning Commissioner where such order or decision is based upon the requirements of this Zoning Ordinance.
(d) After the refusal of the Zoning Commissioner to issue a building permit where such refusal is for noncompliance with the provisions of this Zoning Ordinance, or where a variance is requested in writing, the Planning Commission shall order individual notices to be served upon six of the adjacent property owners owning property contiguous to the property for which the applicant seeks a variance; furthermore, public notice shall be given of the time and place of hearing after which hearing the Commission may deny or permit exceptions to and variations from the district regulations in the cases or situations herein specified:
(1) Permit the extension of an existing or proposed building into a more restricted district under such conditions as will safeguard the character of the more restricted district.
(2) Grant a permit in any residence district for a temporary building or use incidental to the residential development, such permit to be issued for an initial period of not more than two years, and in the case of a building, only upon written application accompanied by a bill of sale to the City of such building, effective in case the building is not removed prior to the expiration of the permit.
(3) Grant a permit for the reconstruction within twelve months of a nonconforming building or structure, substantially destroyed by fire, explosion, act of God or other public calamity, when such building is located in a district restricted against its use.
(4) Grant a permit for the enlargement of existing buildings or for the erection of additional buildings on the same parcel of land for a trade, business or industry located in a district restricted against such use, where the enlargement or expansion of such trade, business or industry will not be detrimental to or tend to alter the character of the neighborhood.
(5) Grant a permit for the erection and use of a building or the use of premises in any location for public utility purposes and make such exceptions to the height and bulk district requirements herein established as the Commission decrees reasonably necessary for such purposes.
(6) Where the owner or owners of any tract or tracts of land having a total area of not less than ten acres submits to the Planning Commission a detailed plan for the development of such area for residential purposes, the Commission after public notice and hearing, may authorize consistent with the spirit and intent of this Zoning Ordinance a modification of the application of the front, side and rear yard regulations, and the lot area per family regulations as herein established, as are incidental or essential to the carrying out of such residential development plan; provided that such regulations shall be binding on all future owners of such property, provided that under such development plan the appropriate use of property adjacent to the area included in such development plan is fully safeguarded and provided that such development plan is consistent with the public welfare.
(7) Grant a permit in an Industrial A District for a building or use otherwise excluded from such district, provided such building or use is distinctly incidental and essential to a use of a building or plant with a series of buildings permitted in an Industrial A District, provided such incidental building or use occupies not more than ten percent of the lot, provided that ten percent of the employees of the building or plant are to be engaged therein, and provided that such building or use is not located within two hundred feet of any residence district.
(8) Grant a permit in a Residence A District for a two family dwelling. Such permit shall impose appropriate conditions and safeguards upon the construction and use of such two family dwellings as will protect and maintain the character of the neighborhood.
(9) Apply the provisions of this Zoning Ordinance in such a way to carry out its true intent and purpose where the street and alley layout actually on the ground differs from the layouts as shown on the Zoning Map.
(10) Where there are practical difficulties or unnecessary hardships in the carrying out of the strict letter of the provisions of the Zoning Ordinance, to vary any such provisions in harmony with its general intent and purpose, subject to such conditions and safeguards as the Board may impose.
(11) Grant a permit in a Residence C District for a funeral home which does no ambulance work. Such permit shall impose appropriate conditions and safeguards upon the construction and use of the funeral home as will protect and maintain the character of the neighborhood.
(Ord. 6501. Passed 10-4-72.)
1117.01 ZONING ORDINANCE AND MAP AMENDMENTS AND CHANGES.
Any owner of property desiring an amendment to this Zoning Ordinance changing the shape or area of any district herein created, shall proceed by filing with Council his petition for such change. Upon receipt of any such petition the Clerk of Council shall immediately transmit the same to the Planning Commission with the request for a report to Council by the Commission upon the proposed change, and for a statement by the Commission as to whether it approves or disapproves of the proposed change and its recommendations.
(1955 Code §1123.01)