Tiffin City Zoning Code
TITLE THREE
Zoning Administration
1141.01 TITLE.
These zoning provisions as codified herein under Titles Three through Seven of Part Eleven-Planning and Zoning Code shall be known, and may be cited and referred to as the “Zoning Ordinance” or “Zoning Code.” The map that accompanies this Ordinance, is incorporated herein, and made a part hereof, shall be referred to as the “Official Zoning Map of the City of Tiffin, Ohio.”
1141.02 PURPOSE.
This Ordinance is enacted for the purpose of promoting public health, safety, convenience, comfort, prosperity, or general welfare; for the limitations and regulation of the height, bulk, and location, including percentage of lot occupancy; set-back building lines, area and dimensions of yards, courts, and other open spaces; the uses of buildings and other structures, and of the premises in such zones or districts. This Ordinance is in accordance with powers granted by the Revised Code of the State of Ohio (ORC), Section 713.06.
1141.03 INTERPRETATION AND RELATIONSHIP TO OTHER REGULATIONS.
The interpretation and application of the provisions of this Ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, and general welfare. When the requirements of this Ordinance conflict with the requirements of any other lawfully adopted rules, regulations or Ordinances, the most restrictive or those imposing the higher standards, shall govern.
1141.04 SEPARABILITY.
Should any section of this Ordinance be declared by a court to be unconstitutional or invalid, such a decision shall not affect the validity of this Ordinance as a whole, or any other parts thereof, other than the part declared unconstitutional or invalid.
1141.05 REPEAL OF CONFLICTING ORDINANCES.
All ordinances in conflict with this Ordinance, or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.
1141.06 EFFECTIVE DATE.
This Ordinance shall become effective from and after the date of its approval and adoption, as provided in ORC 713.06.
1141.07 AREA OF JURISDICTION.
The provisions of this Ordinance apply to all incorporated areas zoned by the City of Tiffin, Ohio.
1142.01 GENERAL APPLICABILITY OF ZONING ORDINANCE.
Except as may be hereinafter specifically provided:
(a) No building, or part thereof, shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used or occupied, except for a use permitted in the district in which the building and/or land is located.
(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established, for the district in which such building is located.
(c) No building shall be erected, converted, enlarged, reconstructed or structurally altered and no land shall be used except in conformity with the yard and lot area regulations of the district in which the building is located.
(d) No lot, yard, parking area, or other space shall be reduced in area or dimension if such reduction has the effect of making the lot, yard, parking area, or other space less than the minimum required by this Ordinance. Furthermore, any lot, yard, parking area or other space which is already less than the required minimum, shall not be reduced further. However, nothing in this section shall be interpreted to limit the power of the Board of Zoning Appeals in the granting of variances under this Ordinance.
(e) No building shall be erected or structurally altered except in conformity with the off-street parking and loading regulations of the district in which the building is located.
(f) Unless otherwise specifically allowed, the minimum yards, parking spaces, and open spaces including lot area per family, required by this Zoning Code for each building existing at the time of passage of this Zoning Code (December 21, 1965) or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building.
(g) Unless otherwise specifically allowed, every building hereafter erected or structurally altered shall be located on a lot as defined in Chapter 1143. No more than one (1) principal building or structure may be constructed upon any one lot (1) for the purposes of this Ordinance, except as specifically provided in Chapter 1181. Rear dwellings shall be prohibited and shall be considered non-conforming uses subject to the requirements of Chapter 1187 of this Ordinance.
(h) Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition, any structure or part thereof declared unsafe by a proper authority.
1143.01 INTERPRETATION OF TERMS.
For the purpose of this Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:
(a) The word “person” or “applicant” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(c) The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
(d) The words “used” or occupied” include the words “intended, designed or arranged to be used or occupied.”
(e) The word “lot” includes the words “plot” or “parcel.”
(f) The word “building” includes the word “structure”
1. Accessory Building or Use: A subordinate building or use located on the same lot as the principal building or use, which is naturally and normally incidental to that principal building or use. An accessory use is one which is naturally and normally incidental to the main use of the premises. (Ord. 2305. Passed 12-21-65.)
2. Adult Entertainment Business: An adult bookstore, adult cabaret, adult motion picture theater, adult motion picture drive-in theater, or any adult-only entertainment establishment as defined by this Ordinance.
a. Adult Bookstore: An establishment that has a substantial portion of its stock-in- trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or other instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
b. Adult Cabaret: A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
c. Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
d. Adult Motion Picture Drive-In Theater: An open air drive-in theater which is regularly used or utilizes a substantial portion of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to adult material as defined by this Ordinance.
e. Adult-Only Entertainment Establishment: An establishment where the patron directly or indirectly is charged a fee; where the establishment features entertainment or services which constitute adult material as defined in this Chapter; or which features exhibitions, dance routines, or gyrational choreography; or persons totally nude, topless, bottomless; or strippers (male or female), female impersonators; or similar entertainment or services which constitute adult material.
3. Adult Day Care Facilities: A facility where adults that are not normally capable of taking care of themselves are taken care of on an hourly or daily basis by qualified persons other than the primary care giver, without providing any overnight accommodations or routine medical service other than emergency service or administering of medication. The facility is characterized by the fact that the adults do not leave or are not capable of leaving the facility without assistance from a care giver.
4. Adult Family Home (ORC 3722.11): A residence or facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults
5. Adult Group Home (ORC 3722.01): A residence or facility that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care services to at least three of three unrelated individuals. Typically, elderly persons occupy adult group homes.
6. Agriculture: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities
7. Alley: See Thoroughfare.
8. Amusement Arcade: A place of business within a building or outdoor structure or any part of a building having more than five (5) mechanical or electronically operated amusement devices which are used for the purpose of public entertainment through the operation, use, or play of any table game or device commonly used as an electronic game which is operated by placing therein any coin, plate, disc, slug, key, card or token of value by payment of a fee.
9. Announcement Sign: A sign with permanent or changeable wording directing attention to the use or event of a public or quasi-public institution and located upon the premises of the institution.
10. Apartment: A room or suite of rooms intended, designed, or used as a residence by an individual single family. (Ord. 2305. Passed 12-21-65.)
11. Appeal: A request for a review of the Zoning Administrator’s interpretation of any provision of this chapter or a request for a variance.
12. Awning: A roof-like cover supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.
13. Banner: A sign written on a large strip of cloth, paper or other material, usually fastened between two fixed points, and referring to a specific event.
14. Basement: A story partly underground and having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.
15. Bed and Breakfast: A dwelling wherein lodging and/or food is provided by a resident family primarily for transient guests as distinguished from a boarding house, hotel, or motel.
16. Boarding House: A building other than a hotel or motel, where, for compensation by the week or month, meals or lodging and meals are provided for five (5) or more persons but not more than twenty (20) persons.
17. Building: Any structure having a roof supported by columns or walls for the support, enclosure, shelter, or protection of persons, animals or property of any kind.
18. Building, Height: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the height between eaves and ridge for gable, hip, and gambrel roofs.
19. Building Line: See Setback Line.
20. Building, Principal: For any given lot or property, the building in which the principal use of the lot is conducted.
21. Business Sign: A sign which directs attention to the name of the business or establishment, the goods or commodities sold or manufactured, and/or services rendered on the premises on which the sign is located.
22. Canopy: A roof-like cover extending from part or all of a building face and constructed of some durable material such as metal, glass, plastic or wood.
23. Cellar: That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than one-half of its height below grade.
24. Church or Place of Religious Worship: An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious service of any denomination are held.
25. Clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
26. Club: A building or portion thereof, or premises owned or operated by a corporation, association, or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
27. Conditional Use: A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, or general welfare.
28. Condominium: An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
29. Convenience Stores: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
30. Cooperative Apartment: Dwelling units within a multiple dwelling or two-family dwelling in which each owner has an interest in the entire complex and a lease of his own apartment, though he does not own his apartment as in the case of a condominium. Cooperative apartment dwellings shall conform to the general laws of the State.
31. Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.
32. Dish Antenna, Satellite: Any antenna or receiver earth station designed, constructed, or modified to bring on or receive satellite signals excluding such antennas less than twenty inches (20") in diameter or equivalent area.
33. District (also called Zone): A portion of the city within which certain uses of land, premises, and buildings are regulated and within which certain yards and open spaces are required and certain height limits are established for buildings.
(Ord. 02-35. Passed 8-5-02.)
34. Dwelling: A building designed or used as living quarters for one (1) or more families. "Dwelling," "single-family dwelling," "two-family dwelling," or "multiple-family dwelling" shall not be deemed to include motel, hotel, or rooming house. A dwelling may include an industrialized unit (as defined herein) and a manufactured home (as defined herein) provided it meets all of the following requirements:
a. The dwelling is affixed to a permanent foundation and connected to appropriate utilities.
b. The dwelling, excluding any addition, has a width or length of at least twenty-two feet (22 ft.) at one point. The total living area of the dwelling, excluding garages, porches, or attachments, must be at least nine hundred square feet (900 sq. ft.).
c. The dwelling has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch (6 in.) minimum eave overhang, including appropriate guttering. (Ord. 20-137. Passed 2-16-21.)
35. Dwelling, Industrialized Unit: A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein.
36. Dwelling, Multiple-Family: A building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units designed for or occupied exclusively by three or more families.
37. Dwelling, Single-Family (attached): One of two residential buildings having a common or party wall separating dwelling units.
38. Dwelling, Single-Family (detached): A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot designed for or occupied exclusively by one family.
39. Dwelling, Two-Family: A residential building designed for or occupied exclusively by two families.
40. Engineering Department: The Engineering Department of the City of Tiffin, its chief enforcement official, and his/her authorized employees.
41. Face of Sign: Any side of a sign in a plane different from all other sides.
(Ord. 02-35. Passed 8-5-02.)
42. Family: One (1) or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided that "family" shall not include more than three (3) persons unrelated to each other by blood, marriage, or legal adoption.
(Ord. 20-137. Passed 2-16-21.)
43. Floor Area: The sum of total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include basements; elevator shafts; stairwells at each story; floor space used for mechanical equipment with structural headroom of six feet, six inches (6' 6") or more; penthouses, attic space, whether or not a floor has actually been laid; providing structural headroom of six feet, six inches (6'6") or more; interior balconies; and mezzanines.
44. Freestanding Sign: A sign which is not attached to a building.
45. Frontage: The frontage is the lot line abutting a right-of-way ordinarily regarded as the front of the lot.
46. Garage, Private: An accessory building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles that are owned and used by the occupants of the building with no facilities for mechanical service or repair of a commercial or public nature.
47. Garage, Public: A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.
48. Home Occupation: An occupation, profession, activity, or use that is clearly and entirely incidental and secondary to the use of a residential dwelling, which does not alter the exterior of the property or affect the residential character of the neighborhood.
49. Hotel: A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
50. Identification Sign: A sign which is limited to the name, address, and number of a building and the institution or persons occupying the building.
51. Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
52. Laundromat: An establishment providing washing, drying or ironing machines for hire to be used by customers on the premises.
53. Loading Space: A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having minimum dimensions of twelve feet by thirty—five feet and a vertical clearance of at least fourteen feet.
54. Lot: A parcel of land occupied or intended to be occupied by one (1) or more dwellings in a residential district, or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this Ordinance for the district in which the lot is situated. Occupancy by a use permitted in this Zoning Code, including one main building together with its accessory buildings, the open spaces and parking spaces required by this Zoning Code, and having its principal frontage upon a street or upon an officially approved place.
55. Lot Coverage: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
56. Lot Measurements: Lot measurements are defined as follows:
a. Lot Depth: The average horizontal distance between the front and rear lot lines.
b. Lot Width: The distance between the lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
c. Lot, Minimum Area of: The area of a lot exclusive of any portion of the right-of- way of any public or private street.
d. Lot of Record: A lot which is part of a subdivision recorded in the office of the Seneca County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.
57. Lot Types: Terminology used in this Ordinance with reference to corner lots, interior lots, and through lots is as follows:
a. Double Frontage Lot: A lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
b. Corner Lot: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135°).
c. Interior Lot: A lot with only one (1) frontage on a street.
d. Through Lot: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double-frontage lots.
e. Reversed Frontage: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
58. Manufactured Home Park: Any tract of land upon which two (2) or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park even though three (3) or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. "Manufactured Home Park" does not include any tract of land used solely for the storage or display for sale of manufactured homes.
(Ord. 02-35. Passed 8-5-02.)
59. Manufactured Home: A building unit or assembly of closed construction fabricated in an off-site facility that conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards.
a. The manufactured home was manufactured after January 1, 1995.
b. The manufactured home is not located in a manufactured home park as defined herein. (Ord. 20-137. Passed 2-16-21.)
60. Marquee: See Canopy.
61. Mobile Home: A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or, when erected on site, is 320 or more square feet, that is built on a permanent chassis and is transportable in one or more sections, and does not qualify as a manufactured home or industrialized unit as defined by SB 142.
62. Motel: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge are also deemed a motel.
63. New Construction: Structures for which the “start of construction” commenced on or after the effective date of this chapter.
64. Nonconforming Use: A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established. .
65. Nursing Home: A home or facility used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services, but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled care services.
66. Open Space: An area substantially open to the sky which may be on the same lot with a building. The area may include along with the natural environmental features, water areas, swimming pools, and tennis courts, and other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, and buildings are not included as open space.
67. Parking Lot: An area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking.
68. Parking Space, Off-Street: A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
69. Place: An open unoccupied space for a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
70. Real Estate Sign: A sign directing attention to the promotion, development, rental, sale or lease of the land or buildings on which the sign is located.
71. Recreational Facilities: Commercial or noncommercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, gaming clubs, riding clubs, tennis courts, and swimming pools; and indoor recreational facilities in which all activities are conducted indoors. This definition could also include a combination of indoor and outdoor recreational services.
72. Restaurant: An establishment that serves food and beverages primarily to persons seated within the building. This includes cafes, tea rooms, and outdoor cafes.
73. Restaurant, Drive-In/Drive-Through: A retail establishment that delivers prepared food and/or beverages to customers in motor vehicles or at a drive-through window; regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles; for consumption either on or off the premises.
74. Right-of-Way: A strip of land dedicated for use as a public way and may include but is not limited to curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges. Usually includes streets, alleys, boulevards, and sidewalks. Legally defined on plat maps in the County Recorder’s Office.
75. Roof Sign: Any sign erected, constructed and maintained upon or over the roof or parapet wall of any building, and having its principal support on the roof or walls of the building.
76. Rooming House: A building that is the primary residence of the owner and in which rooms are provided by the owner for compensation to three or more adult persons not related by blood, marriage, or adoption to the owner.
77. Safety Sign: A sign alerting the public to certain hazards.
78. Satellite Dish: See Dish Antenna, Satellite
79. Scrap: Materials intended for recycling, dilapidated metal, paper, building materials and equipment, bottles, glass, plastic, appliances, motor vehicles, and parts thereof.
80. Scrap Shops, Scrap Yards: Any land, property, structure, building, or combination of the same, on which scrap is stored or processed.
81. Service Station: Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Also called Gas Station.
82. Setback Line: A line established by the Zoning Ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings, or structure may be located above ground, except as may be provided in said code.
83. Sexual Activity: Sexual conduct or sexual contact, or both, as defined in 2907.01 ORC.
84. Sexual Contact: Any touching of an erogenous zone of another, including without limitation to the thigh, genitals, buttocks, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
85. Sexual Excitement: The condition of the human male or female genitals when in a state of sexual stimulation or arousal. (Ord. 02-35. Passed 8-5-02.)
86. Sign. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located, including but not limited to murals. For the purposes of this Code, the word "sign" does not include the American flag, the insignia of any government, governmental agency, or any charitable organization.
a. Sign, On-Premises: Any sign related to a business or profession conducted or a commodity or service sold or offered upon the premises which such sign is located.
b. Sign, Off-Premises: Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
c. Sign, Illuminated: Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
d. Sign, Lighting Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
e. Sign, Projecting: Any sign which projects from the exterior of a building.
(Ord. 12-78. Passed 1-17-13.)
87. Sign Area: That surface are which is included by a line drawn to surround all elements of communication where those elements include lettering, accent color, pattern or texture areas and/or background features which are not a usual part of another structure. Unless otherwise specified, references to limitations on sign area refer to each face of a sign.
88. Storage Lot: A lot without a main building used for unenclosed storage of materials and equipment.
89. Story: That part of a building between the surface of a floor and the ceiling immediately above.
90. Story, Half: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
91. Street: A public or private thoroughfare which affords the principal means of access to abutting property. See also Thoroughfare
92. Street Line: A street line is the right-of-way line or the established property line of a street as indicated by dedication or by deed of record.
93. Structure: Anything constructed or erected, either permanent or portable, the use of which requires location on the ground or attached to something having a fixed location on the ground. Structures include but are not limited to buildings, manufactured homes, walls, fences, parking lots, sidewalks, and billboards.
94. Structural Alterations: Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders, other than a change in doors or windows or a minor alteration which affects primarily the appearance and not the life of the structure.
95. Swimming Pool: A pool, pond, lake, or open tank having a span of at least six feet (6') and intended for human recreational use and maintained by the owner or manager. Farm ponds and pools, ponds, or lakes developed as landscape design features where swimming is not intended and does not occur, shall be excluded.
a. Private Pool: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multiple-family development or a community, the members and guests of a club or the patrons of a motel or hotel; an accessory use.
b. Community Pool: Operated with or without a charge for admission and is open to the general public for recreational use.
96. Thoroughfare, Street, or Road: The full width between property lines and binding every public way with a part thereof to be used for vehicular traffic. All thoroughfares, streets, or roads are designated as follows:
a. Alley: A minor public right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.
b. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
c. Collector Street: A thoroughfare, whether within a residential, industrial, commercial, or other type of development which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
d. Cul-de-Sac: A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
e. Dead-End Street: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
f. Local Street: A street primarily for providing access to residential or other abutting property.
g. Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred eighty degree (180°) system of turns are not more than one thousand feet (1,000') from said arterial or collector street, nor normally more than six hundred feet (600') from each other.
h. Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.)
97. Through Lot: See Lot Types.
98. Topless: The showing of female breasts with less than a full opaque covering of any portion, thereof, below the top of the nipple.
99. Use: The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
100. Variance: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
101. Window Sign: Any sign placed inside or upon the inside of a window and intended for viewing outside the premises.
102. Wireless Telecommunications Equipment Shelter: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
103. Wireless Telecommunications Facility: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
104. Wireless Telecommunications Tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed, and lattice construction steel structures.
105. Yard: An open space between a building or between the portion of the lot which is used for storage or servicing purposes, and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein, and measured as the minimum horizontal distance between the lot line and the main building.
a. Yard, Front: A yard extending across the front of a lot between the side yard lines and measured between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
b. Yard, Rear: A yard extending across the rear of a lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard.
c. Yard, Side: A yard between the main wall of the main building and the side line of the lot, and extending from the front lot line to the required rear yard.
106. Zoning Code: Ordinance 2305, passed December 21, 1965, and as amended, and codified herein as Titles Three through Seven of this Part Eleven-Planning and Zoning Code.
107. Zero Lot-Line Development: An arrangement of housing on adjoining lots in which one required side yard is reduced to zero.
108. Zoning Map: The Official Zoning Map of the City of Tiffin which is part of this Zoning Ordinance and delineate the boundaries of zoned districts.
109. Zoning Inspector: The person designated by the City Administrator to administer the Zoning Ordinance and issue Zoning Permits.
110. Zoning Permit: A document signed by the Zoning Inspector, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the City Zoning Ordinance.
1145.01 GENERAL.
This chapter stipulates the procedures to be followed in obtaining permits, certificates, and other legal or administrative approvals under this Ordinance.
1145.02 ZONING PERMITS.
No building or structure (including patios and decks) within the City shall hereafter be erected, moved, added to, or razed; nor shall any building, structure, or land be established or changed in use without a Zoning Permit issued by the Zoning Inspector. A Zoning Permit issued by the Zoning Inspector shall state that the proposed use for the building or land complies. Permits shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal, conditional use or variance.
1145.03 CONTENTS OF APPLICATIONS FOR ZONING PERMIT.
The application for a Zoning Permit shall be made in writing and signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information and accompanied by all required fees:
(a) Name, address, and phone number of applicant.
(b) Existing use.
(c) Proposed use.
(d) Zoning district.
(e) On all applications for new buildings, permits shall be accompanied by a drawing, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of this Zoning Code. A careful record of the original copy of such applications shall be kept in the office of the Zoning Inspector, and the duplicate copy shall be kept at the building site at all times during construction.
(f) Building height.
(g) Number of off-street parking spaces or loading berths and their layout.
(h) Location and design of access drives.
(i) Number of dwelling units.
(j) If applicable, application for a sign permit or a conditional, special, or temporary use permit, unless previously submitted.
(k) Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of this Ordinance.
1145.04 APPROVAL OF ZONING PERMIT.
Within 30 days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Ordinance. One copy of the permit shall be returned to the applicant by the Zoning Inspector, after the Zoning Inspector has marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of permit, similarly marked, shall be posted, by the applicant, in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provisions of this Ordinance.
1145.05 EXPIRATION OF ZONING PERMIT.
If the work described in any Zoning Permit has not begun within one year from the date of issuance thereof, said permit shall expire. If the work described in any Zoning Permit has not been substantially completed with two and one-half (2½) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Inspector. Further work, as described in the canceled permit, shall not proceed unless and until a new Zoning Permit has been obtained or an extension granted.
1145.06 RECORD OF ZONING PERMITS.
A record of all permits shall be kept on file in the office of the Zoning Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
1145.07 FAILURE TO OBTAIN A ZONING PERMIT.
Failure to obtain a Zoning Permit shall be a punishable violation of this Ordinance (Refer to Section 1145.15).
1145.08 CONSTRUCTION AND USE AS PROVIDED IN APPLICATIONS AND PLANS.
Zoning Permits issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereof and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Ordinance.
1145.09 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, a person may file a complaint with the Zoning Inspector. The Zoning Inspector shall properly record such complaint, immediately investigate it, and take action thereon as provided by this Ordinance.
1145.10 ENTRY AND INSPECTION OF PROPERTY.
The Zoning Inspector is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
1145.11 STOP WORK ORDER.
Subsequent to his determination that work is being done contrary to this Ordinance, the Zoning Inspector shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Ordinance.
1145.12 ZONING PERMIT REVOCATION.
The Zoning Inspector may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Ordinance or based upon false information or misrepresentation in the application.
1145.13 NOTICE OF VIOLATION.
(a) Whenever the Zoning Inspector or his/her agent determines that there is a violation of any provision of this Ordinance, a notice shall be issued. Such notice of violation shall include the following:
(1) A statement of the reasons why it is being issued and refer to the sections of this Ordinance being violated; and
(2) State the time by which the violation shall be corrected.
(b) Service of notice of violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion; or
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at the last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
1145.14 TICKETING PROCEDURE.
If the condition has not been corrected upon re-inspection following the issuance of a notice of violation, the person or persons responsible shall be issued a ticket by the police. Such ticket shall:
(a) Be served by registered mail.
(b) Be in writing.
(c) Identify the violation.
1145.15 PENALTIES AND FINES.
It shall be unlawful to erect, establish, locate construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure or land in violation of any provision of this Ordinance or any amendment thereto. Any person, firm or corporation who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100) and, in addition, shall pay all costs and expenses involved in the case . Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
1145.16 ADDITIONAL REMEDIES.
Nothing in this Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Ordinance, or in the case of an imminent threat of such a violation, the Zoning Inspector, Law Director, or owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourse provided by law, institute mandamus, injunction, abatement or other appropriate actions to prevent, remove, abate, enjoin or terminate such violation.
1145.17 SCHEDULE OF FEES.
City Council shall by ordinance, establish a schedule of fees for Zoning Permits, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of this Ordinance. The schedule of fees shall be posted in the office of the Zoning Inspector and may be altered or amended only by the City Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedures.
1147.01 PURPOSE.
This Chapter sets forth the powers and duties of the Zoning Inspector, Planning Commission, and the Zoning Board of Appeals with respect to the administration of the provisions of this Ordinance.
1147.02 GENERAL PROVISIONS.
The formulation, administration, and enforcement of this Zoning Ordinance is hereby vested in the following offices and bodies within the City of Tiffin government:
(a) Zoning Inspector.
(b) Planning Commission.
(c) Zoning Board of Appeals.
1147.03 ZONING INSPECTOR.
It shall be the duty of the Zoning Inspector to enforce the provisions of this Zoning Code. He or she may be provided with the assistance of such other persons as the City Administrator may direct.
(a) Duties of the Zoning Inspector.
For the purpose of this Ordinance, the Zoning Inspector shall have the following duties:
(1) Enforce the provisions of this Ordinance and interpret the meaning and application of its provisions, as well as ordering in writing the discontinuance of any known condition found in violation of this Zoning Ordinance. Request the Director of Law to commence appropriate legal action when necessary.
(2) Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Official Zoning Map.
(3) Issue Zoning Permits as provided by this Ordinance and keep a record of same with a notation of any special conditions involved.
(4) Act on all applications upon which he or she is authorized to act by the provisions of this Ordinance within thirty (30) days, or notify the applicant in writing of refusal or disapproval of such application and the reasons therefore. Failure to notify the applicant in case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Zoning Board of Appeals.
(5) Conduct inspections of buildings and uses of land to determine compliance with this Ordinance and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(6) Maintain in current status the Official Zoning Map which shall be kept on permanent display in the City Offices.
(7) Maintain permanent and current records required by this Ordinance including, but not limited to, Zoning Permits, zoning certificates, and inspection documents. Records of all variances, amendments, and conditional uses shall be kept by the Zoning Inspector.
(8) Make such records available for the use of the City Council, Planning Commission, the Zoning Board of Appeals, and the public.
(9) Review site plans pursuant to this Ordinance.
(10) Determine the existence of any violations of this Ordinance and cause such notifications, revocation notices, stop orders, or tickets to be issued, or initiate such other administrative or legal action as needed to address such violations.
1147.04 PLANNING COMMISSION.
A description of the organization and responsibilities of the Planning Commission are provided in the City of Tiffin Charter and in this Ordinance.
(a) Appointment and Organization.
(1) The Planning Commission shall be composed of seven (7) voting members in accordance with Section 7.01 of the Charter of the City of Tiffin.
(2) The term of office shall be four (4) years and their terms shall be so arranged that the term of two (2) members shall expire every two (2) years. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(b) Proceedings of the Planning Commission.
(1) The Commission shall elect a Chairperson and Vice-Chairperson from its membership and shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance.
(2) Commission meetings shall be held at the call of the Chairperson and at such other times as the Commission may determine.
(3) All meetings shall be open to the public.
(4) The Planning Commission shall keep minutes of its proceedings showing the vote for each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the office of the Commission.
(c) Duties of the Planning Commission.
For the purpose of this Ordinance, the Commission shall have the following duties:
(1) Review all proposed amendments to the text of this Ordinance and the Official Zoning Map and make recommendations to the City Council.
(2) Initiate advisable Official Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to the City Council.
(3) Review all Planned Unit Development Applications and make recommendations to the City Council as provided in this Ordinance.
(4) Carry on a continuous review of the effectiveness and appropriateness of this Ordinance and recommend such changes or amendments as it feels would be appropriate.
(6) Administer the conditional use permits in accordance with 1148.04.
1147.05 ZONING BOARD OF APPEALS.
The Zoning Board of Appeals is described as a quasi-judicial body that shall hear requests for conditional uses, variances, and appeals and decide whether or not to grant the request. A description of the organization and responsibilities of the Board of Zoning Appeals is provided in the City of Tiffin Charter and in this Ordinance.
(a) Appointment and Organization.
In accordance with Section 7.03 of the Charter of the City of Tiffin, the Zoning Board of Appeals (Board) shall consist of qualified voting members.
(b) Proceedings of the Zoning Board of Appeals.
(1) The Board shall elect a Chairperson and Vice-Chairperson, adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance, and appoint a Secretary who may or may not be a member of the Board.
(2) The Secretary shall record Board action and keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record.
(3) Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Vice- Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(4) The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector; or to decide in favor of the applicant on any matter over which the Board has original jurisdiction under this Ordinance, or to grant any variance from the requirements stipulated in this Ordinance.
(c) DUTIES OF THE ZONING BOARD OF APPEALS.
For the purpose of this Ordinance, the Board shall have the following powers and duties:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector in the enforcement of this Zoning Code.
(2) Interpret the provisions of this Zoning Code and Official Zoning Map in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts and made a part of this Zoning Code, where the actual street layout on the ground varies from the street layout as shown on the map.
(3) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
(4) In the case of a use that is not specifically mentioned in this Ordinance, the Zoning Board of Appeals may classify the use of a similar nature to a use that is already listed in this Ordinance. The use that is approved as a similar use shall be recommended by the Planning Commission and Council for addition to the permitted uses in the zoning districts previously described in this Ordinance.
(5) The Zoning Board of Appeals is hereby granted authority to grant permits after a public hearing, in accordance with the procedure for variations in use, for the installation, replacement, additions, or alterations for trailer occupancy. Three or more trailers shall constitute a trailer court which shall require at least two thousand square feet (2,000 s.f.) of land area for each trailer, and no trailer shall be closer than twenty feet (20') to any property line. All State and City sanitary regulations shall be complied with in each instance.
(6) The Zoning Board of Appeals may also permit upon appeal, the following exceptions:
A. The reconstruction of a nonconforming building which has been more than seventy-five percent (75%) destroyed or partially destroyed by fire or act of God, provided such reconstruction work is begun and completed within two (2) years of the occurrence of the damage or destruction.
B. The erection and use of a structure or the use of premises in any location for public utility or railroad purposes which the Board deems reasonable and necessary for the public convenience or welfare.
C. Variation of the parking and loading requirements of this Zoning Code, whenever it is clearly demonstrated that the provision of the full parking or loading facilities where such a requirement would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or a convenience.
D. A temporary building used in conjunction with construction work but only for a period not exceeding one (1) year unless the permit is renewed, during which the construction is in progress. Any such temporary building shall be removed on completion of the construction work.
(7) In exercising the above-mentioned duties, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination which should be made, and to that end shall have all the powers of the Zoning Inspector. (Ord. 2305. Passed 12-21-65)
(8) Perform such other functions and have such other powers as Council may provide.
1147.06 REMOVAL FOR MISCONDUCT AND VACANCY APPOINTMENTS.
Each member of the Zoning Board of Appeals and the Planning Commission shall serve until his or her successor is appointed and qualified. Members shall be subject to removal according to Section 11.02 of the Charter of City of Tiffin.
1147.07 DUTIES OF THE ZONING INSPECTOR, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY, AND COURTS ON MATTERS OF APPEALS.
(a) It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector. Recourse from the decisions of the Board shall be to the courts as provided by law.
(b) It is further the intent of this Ordinance that the duties of the City Council, in connection with this Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Section and this Ordinance.
(c) Under this Ordinance, the City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance as provided by law and of establishing a schedule of fees and charges as stated in Section 1145.17 of this Ordinance.
(d) Interpretation of District Map.
Where the street or lot layout, actually on the ground or as recorded, differs from the street line and lot lines as shown on the Official Zoning Map, the Zoning Board of Appeals, may interpret the map in such a way as to carry out the intent and purpose of the Zoning Ordinance. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Official Zoning Map may be made to the Board and a determination shall be made by the Board.
(e) Board May Reverse or Affirm Orders.
In exercising its power, the Zoning Board of Appeals may, in conformity with the provisions of statute and the Zoning Ordinance, reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as ought to be made and to that end, shall have all powers of the officer from whom the appeal is taken.
1148.01 APPEALS.
Appeals to the Zoning Board of Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved, or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within ten (10) days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds upon which the appeal is being taken as well as payment in full of any applicable fees (refer to Section 1145.17). The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
If three or more members of the Zoning Board of Appeals disqualify themselves from considering an appeal based on a conflict of interest which would ethically preclude voting on the question, then the appeal shall be heard by the City Planning Commission pursuant to the appeal and hearing provisions of Chapters 1147 and 1148 except that the concurring vote of four members of the Planning Commission shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to grant any variance from the requirements stipulated in this section. Any member of the Zoning Board of Appeals who claims to have a conflict of interest shall explain the reason for the conflict of interest to the Board at a meeting or in writing submitted to the Secretary of the Board.
(Ord. 07-28. Passed 6-4-07.)
1148.02 VARIANCES.
The Zoning Board of Appeals may authorize a variance from the terms of this Ordinance which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.
A variance shall not be granted unless the Board makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
(a) Application and Standards for Variances.
Except as otherwise permitted in this Ordinance, a variance from the terms of this Zoning Ordinance shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Zoning Board of Appeals. At a minimum, the application shall include:
(1) Name, address, and phone number of applicant(s).
(2) Legal description of property.
(3) Description of nature of variance requested.
(4) A list of all property owners and their addresses who are within 200' of the affected property, contiguous to, or directly across the street and on either side of the properties across the street, and may have interest in the variance.
(5) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.
B. That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
C. That special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district.
1148.03 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Zoning Board of Appeals shall hold a public hearing within forty-five (45) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(a) Notice of Public Hearing in Newspaper.
Before holding the public hearing required in Section 1148.03, notice of such hearing shall be given by the Chairperson of the Zoning Board of Appeals in one (1) or more newspapers of general circulation in the City at least ten (10) days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(b) Notice to Parties of Interest.
Prior to conducting the public hearing required in Section 1148.03, written notice of such hearing shall be mailed by the Chairperson of the Zoning Board of Appeals by first class mail at least ten (10) days before the day of the hearing to property owners of adjoining parcels or parcels within two hundred feet (200') of affected property. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1148.03(a). The ten (10) day notice provisions of (a) and (b) may be waived by the applicant filing a waiver of notice from all the owners within 200’ of affected property.
(c) Action by the Zoning Board of Appeals.
(2) The Zoning Board of Appeals shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
(3) Appeals from Board decisions shall be made in the manner specified in Section 1148.01 and ORC 2505.07 et seq.
(d) Supplementary Conditions and Safeguards.
In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under Section 1145.15 of this Ordinance.
1148.04 CONDITIONAL USES.
It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under Title Five, shall follow the procedures and requirements set forth in this section, inclusive of this Ordinance.
(a) Contents of Application For Conditional Use Permit.
An application for a Conditional Use Permit shall be filed with the Zoning Inspector by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of applicant.
(2) Legal description of property.
(3) Description of existing use.
(4) Zoning district.
(5) Description of proposed conditional use.
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Planning Commission may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
(7) A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district.
(b) General Standards Applicable to All Conditional Uses.
In addition to the specific requirements for conditionally permitted uses as specified in this Ordinance, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:
(1) Is in fact, a conditional use established under the provision of Title Five, inclusive.
(2) Will be harmonious and in accordance with the general objectives, or with any specific objective of the City’s Comprehensive Plan and/or the Zoning Ordinance.
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare, or odors.
(8) Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public thoroughfares.
(9) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(c) Specific Criteria for Conditional Uses.
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1145.15.
(1) Public Hearing by the Planning Commission.
The Planning Commission shall hold a public hearing within forty-five (45) days after the receipt of an application for a conditional use from the Zoning Inspector or an applicant.
A. Notice of Public Hearing in Newspaper.
Prior to holding the public hearing required in Section 1148.04(c)(1), notice of such hearing shall be given by the Chairperson of the Planning Commission in one (1) or more newspapers of general circulation of the City, at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered. The ten (10) day notice may be waived by the applicant filing a waiver of notice from all the owners within 200’ of affected property.
B. Notice to Parties of Interest.
Prior to holding the public hearing required, written notice of such hearing shall be mailed by the Chairperson of the Planning Commission to property owners of adjoining parcels or parcels within two hundred feet (200') of affected property, by first class mail at least ten (10) days before the day of the hearing. The mailing list shall be supplied to the Chairperson of the Planning Commission by the property owners requesting the conditional use. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1148.04(c)(1)A.
(2) Action by the Planning Commission.
B. If the application is approved or approved with modification, the Planning Commission shall direct the Zoning Inspector to issue a Conditional Use Permit listing the specific conditions specified by the Planning Commission for approval. If the application is disapproved by the Planning Commission, the applicant may appeal to the Zoning Board of Appeals.
C. Appeals from decisions shall be made in the manner specified in Section 1148.01 and ORC 2505.07 et seq.
(3) Expiration of Conditional Use Permit.
A Conditional Use Permit shall be deemed to authorize only one (1) particular conditional use. Such permit shall automatically expire if, for any reason, the conditional use has not been implemented within one (1) year of issuance of the permit or if such use ceases for more than two (2) years.
(4) Revocation of a Conditional Use Permit.
Violation of the conditional use as approved shall be grounds for revocation of the Conditional Use Permit. The Planning Commission may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in Section 1148.04(c)(1).
(5) Supplementary Conditions and Safeguards.
In granting any conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Ordinance and punishable under Section 1145.15 of this Ordinance.
1149.01 PROCEDURE.
This Ordinance may be amended utilizing the procedures established in Section 4.04 of the Charter of the City of Tiffin.
1149.02 GENERAL.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, City Council may, by ordinance after receipt of recommendation from the Planning Commission, and subject to procedures provided by law, amend, supplement, change, or repeal the regulations, restrictions, and district boundaries or classification of property.
1149.03 INITIATION OF ZONING AMENDMENTS.
Amendments to this Ordinance may involve an amendment of the text of this Ordinance or the Official Zoning Map, and may be initiated in one of the following ways:
(a) By the introduction of an ordinance by a member of City Council.
(b) By the filing of a petition signed by property owners of fifty percent (50%) or more of all the property within the boundary of two hundred feet (200') of the boundaries proposed to be changed. Council shall act upon such petition within ninety days (90) after the filing thereof.
1149.04 CONTENTS OF PETITION FOR AN OFFICIAL ZONING MAP AMENDMENT.
Petition for amendment to the Official Zoning Map adopted as part of this Ordinance by Chapter 1160, shall contain at a minimum, the following information:
(a) The name, address, and phone number of the petitioners.
(b) A statement of the reason(s) for the proposed amendment.
(c) Present use.
(d) Present zoning district.
(e) Proposed use.
(f) Proposed zoning district.
(g) A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(h) A list of all property owners and their mailing addresses who are within, contiguous to or directly across the street from the parcel(s) proposed to be rezoned and any others that may have a substantial interest in the case, except that addresses need not be included where more than ten (10) parcels are to be rezoned.
(i) A statement on the ways in which the proposed amendment relates to the Comprehensive Plan.
1149.05 CONTENTS OF PETITION FOR ZONING TEXT AMENDMENT.
Petitioners for amendments proposing to change, supplement, amend, or repeal any portion(s) of this Ordinance other than the Official Zoning Map, shall contain at least the following information:
(a) The name, address, and phone number of the petitioner.
(b) The proposed amending Ordinance or Resolution approved as to form by the Director of Law.
(c) A statement of the reason(s) for the proposed amendments.
(d) A statement explaining the ways in which the proposed amendment relates to the Comprehensive Plan.
(e) A fee as established by City Council and adopted by ordinance.
1149.06 JOINT PUBLIC HEARING.
Immediately after the first reading of the proposed Ordinance or Resolution, the presiding officer of Council shall set a date for a public hearing before a joint meeting of Council and the Planning Commission not earlier than fifteen (15) days after the first reading.
(a) Notice of Public Hearing in Newspaper. Notice of the joint public hearing shall be given by one (1) or more newspapers of general circulation in the City at least seven (7) days before the date of such hearing. The published notice shall set forth the time and place of the public hearing, and provide a summary of the proposed amendment.
(b) Notice to Property Owners. If the proposed amendment intends to rezone or redistrict a parcel of land as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council or personally served as set forth in this section.
(1) Notice shall be sent by certified mail with return receipt requested at least seven (7) days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted.
(2) As an alternative to the service described in Section (b)(1) above, notices may be hand delivered by the petitioner or its agent, to owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted no later than ten (10) days before the day of the public hearing. Each notice must be individually addressed and a signed acknowledgement of receipt of the notice by the property owner will be required. All undelivered notices shall be sent by certified mail with return receipt requested at least seven (7) days before the day of public hearing.
(3) Notices shall be addressed to the property owners appearing on the County Auditor's current tax list or to other lists as may be required by Council.
(4) The failure to deliver the notification as provided in this Section shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers, as specified in Section 1149.06(a).
(5) All expenses for the mailing and delivery of notices will be borne by the party who is petitioning for the zoning changes regardless of the success of the service.
(Ord. 09-68. Passed 10-19-09.)
1149.07 TRANSMITTAL TO PLANNING COMMISSION.
Immediately after the public hearing required in Section 1149.06, the proposed ordinance or resolution shall be transmitted to the Planning Commission. Within fifteen (15) days after receipt, the Planning Commission shall return to the Clerk of Council the written recommendations of a majority of the members of the Commission.
1149.08 ACTION BY CITY COUNCIL.
Upon receipt of the recommendation from the Planning Commission, the proposed ordinance or resolution shall be given its second reading at the next regularly scheduled meeting of City Council, unless an earlier special meeting is called for that purpose.
(a) In the event the City Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths (3/4) of the full membership of the City Council.
(b) In case the proposed amendment, supplement or change is disapproved by the Planning Commission or a protest against a change is presented, duly signed by the following:
(1) Owners of sixty percent (60%) or more either of the area of the lots included in such proposed change, or
(2) Sixty percent (60%) or more of the area if all the property within a radius of 200 feet of any area proposed to be changed, or
(3) Of those immediately adjacent in the rear thereof extending 200 feet therefrom, or
(4) Of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, then
Such amendment shall not become effective except by a favorable vote of three- fourths (3/4) of all the members of Council.
(c) In no event shall an ordinance or resolution be considered as having passed unless it receives at least a majority of the vote of the members of Council.