Union City Zoning Code
TITLE FIVE
Zoning Administration
1161.01 ADMINISTRATIVE PROVISIONS.
(a) Filing Fees. Each written application for a Building Permit, Zoning Text Amendment, Change of Zoning District, Administrative Appeal, Conditional Use Permit, Variance, or Special Exception, shall be accompanied by filing fees which are to be determined by resolution of Council. These filing fees shall be forwarded by the Zoning Enforcement Officer, Council, and Board of Zoning Appeals to the Municipality, and these moneys shall be utilized to help cover the expenses of the Zoning Enforcement Officer, the Planning Commission, and the Board of Zoning Appeals.
(1) Rezoning of text and map amendment: | $250.00 |
(2) Conditional use permit: | 150.00 |
(3) Variance: | 100.00 |
(4) Administrative appeal: | 75.00 |
(5) Special exceptions: | 100.00 |
(6) Lot/Tract Split | 100.00 |
(7) Replat | 100.00 |
(b) Zoning Text and Map Amendments. Whenever the public necessity or general welfare; the provisions of the Union Comprehensive Plan; or good zoning practices require; Council may, by ordinance after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, change or repeal the written text and/or zoning district boundaries as specified in this Ordinance in accordance with procedures specified in the Ohio Revised Code.
(Ord. 314. Passed 5-30-73; Ord. 316. Passed 6-25-73; Ord. 1271. Passed 8-26-02; 1527. Passed 12-12-11.)
1161.02 PLANNING COMMISSION.
(a) The Planning Commission and its staff shall carry on a continuous review of the effectiveness and appropriateness of the Zoning Ordinance and recommend such changes or amendments as it feels would be appropriate to update the Zoning Ordinance.
(b) The Planning Commission may recommend to Council that an application for a text amendment or change of zoning district be approved or denied for all or part of the property described in the application. Council may enact by ordinance such a partial granting of an application for a zoning text amendment change on the Official Zoning District Map.
(Ord. 314. Passed 5-30-73.)
1161.03 COUNCIL.
(a) When deemed necessary, Council may appoint a Board of Zoning Appeals. The Planning Commission shall act as the Board of Zoning Appeals in accordance with this chapter and all references to the Board of Zoning Appeals shall be taken to mean the Planning Commission until Council appoints the Board of Zoning Appeals. Council is empowered to enact amendments to the Zoning Ordinance following recommendation of the Planning Commission and following the holding of a public hearing with public notice in a newspaper of general circulation in the Municipality thirty days prior to the hearing date. Amendment may be initiated by a resolution of intention by the Planning Commission, or Council, or by a verified application of one or more of the owners or authorized representatives of the owners of property within the areas proposed to be changed.
(b) Council shall favorably consider an application for a zoning text amendment or a change of zoning district on the Official Zoning District Map, only if the request for a change of zoning can be justified on one of the following grounds.
(1) Manifest error in the Zoning Ordinance.
(2) Accordance with, or more appropriate conformance to, the Comprehensive Plan and its relative priorities.
(3) Substantial change in area conditions.
(4) Legitimate requirement for additional land area for the particular zoning district.
(c) In the case of a change to the Official Zoning District Map, Council shall not consider favorably any petition which would result in a total contiguous area, separated only by streets and excluding the area of streets of less than the acreage minimums specified as the minimum size requirement for zoning district in Section 1141.05.
(d) Council shall keep up to date the Official Zoning District Map and shall keep on permanent display in the City Hall a current copy of such map.
(Ord. 314. Passed 5-30-73.)
1161.04 ZONING ENFORCEMENT OFFICER.
The Zoning Enforcement Officer shall administer and enforce the Zoning Ordinance and observe the following responsibilities:
(a) Interpret the provisions of the Zoning Ordinance text and map.
(b) Receive and process applications for building permits where new construction is to be carried out.
(1) Prior to the beginning of construction on any building or structure, a building permit shall be secured from the Zoning Enforcement Officer by the owner or his agent. The building permit shall state that the proposed project, as shown by the plans and specifications filed with the Zoning Enforcement Officer, is in compliance with the provisions of the Zoning Ordinance.
(2) Every application for a building permit shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size, elevation, and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate and, when no buildings are involved, the location of the present use and proposed use to be made of the lot and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Zoning Ordinance.
One copy of such plans shall be returned to the owner when such plans have been approved by the Zoning Enforcement Officer together with such building permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(3) Upon receipt of a building permit, the permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a zoning permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of the Zoning Ordinance, and such building permit shall be issued within ten days, provided the proposed activity is in accord with the Zoning Ordinance.
(c) Conduct inspections of buildings, structures, and uses of land to determine compliance with the Zoning Ordinance, and, in the case of any violation, to notify in writing the person or persons responsible, specifying the nature of the violation and ordering appropriate corrective action. No person shall refuse to grant the Zoning Enforcement Officer access, at reasonable hours pursuant to notice, for the purpose of inspecting any building, structure or use of land.
(d) Receive and approve applications for a Certificate of Occupancy.
(e) Maintain permanent and current records required by the Zoning Ordinance, including but not limited to building permits, Certificates of Occupancy, and all official actions on administrative appeals, conditional uses, variances, special exceptions, and text or amendments. (Ord. 314. Passed 5- 30-73.)
1161.05 BOARD OF ZONING APPEALS.
(a) Composition and Officers. The Board shall consist of such members, of such terms of office as is provided by Section 3.11 of the Charter. Vacancies shall be filed for the unexpired term only. Members may be removed for cause by Council upon written charges and after public hearing within thirty days after the filing of such charges.
(b) Meetings and Records. Meetings of the Board of Zoning Appeals 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 acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall 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 official actions, all of which shall be filed in the office of the Clerk and shall be a public record. At the first meeting of each year, the Board shall elect a chairman, a vice-chairman and a secretary from among its members who shall serve for one year.
(c) Filing Procedure. Written application for a variance, Conditional Use Permit, or special exception shall be filed with the Zoning Enforcement Officer, who will transmit the same, together with all the scale plot drawings, plans, specifications, and other papers pertaining to the application to the Board. Written application for an administrative appeal shall be made directly to the Board, as well as to the Zoning Enforcement Officer.
(Ord. 314. Passed 5-30-73.)
(d) General Powers.
(1) In exercising its power, the Board shall act in strict accordance with State law and provisions of the Zoning Ordinance. The Board shall not, however, permit any use which is not a permitted use in a particular zoning district.
(2) All applications made to the Board for variances, Conditional Use Permits and special exceptions shall be in writing and shall be filed with the Zoning Enforcement Officer at least fourteen days prior to the meeting at which they are to be heard. Each application shall refer to the specific provisions of the Zoning Ordinance involved and shall set forth exactly a clear description of land involved; the interpretation that is claimed; the details of the variance proposed to be granted; the use for which a Conditional Use Permit is sought; the reasons justifying the special exception, as the case may be.
(3) The Board shall decide all applications and appeals within sixty days after completion of hearing. Such decision shall be binding upon the Zoning Enforcement Officer and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any building permit whenever such is authorized by the Board.
(4) The presence of three members shall constitute a quorum. A concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Enforcement Officer or Planning Commission to decide in favor of the applicant on any matter upon which it is required to pass by the Zoning Ordinance, or to grant a variance from the requirements of the Zoning Ordinance. The Board shall act by resolution, and a copy of each resolution duly adopted shall be filed in the office of the Clerk.
(5) Every Conditional Use, special exception or variance, allowed or granted, by the Board shall expire and be of no force or effect after the expiration of six months from the date thereof, unless the beneficiary of such variance, Conditional Use Permit or special exception shall have actually, within the period, put the subject property to the purpose for which such variance, Conditional Use Permit or special variance shall have been granted or allowed.
(Ord. 857. Passed 6-20-89.)
(e) Specific Powers Relative to Administrative Errors. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of the Zoning Ordinance. Any person claiming to be aggrieved by any order, requirement or decision made by the Zoning Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of decision, by filing with the Zoning Enforcement Officer from whom the appeal is taken and with the Board a Notice of Appeal specifying the grounds thereof. The Zoning Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in interpretation of the Zoning Ordinance.
(f) Specific Powers Relative to Conditional Uses. Upon application, the Board shall be empowered to issue a Conditional Use Permit to allow for the following situations:
(2) Conditional Use Permit. The purpose of a Conditional Use Permit is to allow a proper integration into the community of uses which may only be suitable in specific locations within certain zoning district(s) or only if such uses are designed or laid out in a particular manner on the site. A Conditional Use Permit shall be required for all uses listed as conditional uses in the district regulations, and in Section 1153.02(a).
(3) Considerations in issuing permits. In considering an application for a conditional use, the Board must make an affirmative finding that:
A. The proposed Conditional Use is to be located in a district wherein such use may be permitted. The conditions for approval of a Conditional Use will all be met as indicated in Section 1153.02(b).
B. The proposed Conditional Use shall, in addition, meet all the requirements specified for the zoning district in which it is located.
In addition, the Board shall give due regard to the nature and condition of all adjacent uses and structures and in issuing a Conditional Use Permit, the Board may impose such requirements and conditions with respect to location, design, siting, maintenance and operation of the use, in addition to those expressly provided in Section 1153.02(a) of the particular use, as may be necessary for the protection of adjacent properties and in the public interest. Before issuing a Conditional Use Permit, the Board shall determine that the establishment, maintenance and operation of a proposed conditional use is generally consistent with the provisions of the Comprehensive Plan and will not be detrimental to the public health, public safety, or general welfare of persons or property in the Municipality.
(4) Application. Application for a Conditional Use Permit shall be made by the property owner or agent thereof to the Board, on a form prescribed by the Municipality. The application fee for a Conditional Use Permit shall, except as hereinafter provided, be in such amount as is prescribed by resolution of Council. The application under this chapter shall be accompanied by maps and drawings necessary to demonstrate that conditions set forth herein shall be fulfilled.
(5) Public hearing.
A. Defined. As used in this section, "public hearing"means a regularly scheduled hearing before the Board of Zoning Appeals at which the applicant, Municipal representative, other interested persons and the public in general are invited, by reason of publication of notice of public hearing pursuant to the provisions of subsection (f)(7) hereof, to make presentations in the matter under consideration.
B. Not required generally. Except as otherwise provided in this section, or by any other provision of law, no public hearing need be held by the Board in considering an application for a Conditional Use Permit.
C. May be ordered. A public hearing may be ordered and held by the Board when it deems such public hearing to be necessary in the public interest.
(6) Related uses, conforming uses and enlargement.
A. If the nature of the Conditional Use is closely related to one of those listed in Section 1153.02(a), the applicant may apply for a Conditional Use Permit for the conditional use which is most closely related to the primary use; provided that the requirements of all related uses will be met.
B. An existing lawful use which is listed herein as a conditional use and which is located in a district in which such conditional use may be permitted, shall be considered a conforming use.
C. Any expansion of such conditional use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the procedure described in this section.
(7) Notice of public hearing. If the Board orders a public hearing on a Conditional Use Permit application, notice thereof shall be given not less than ten days prior to the date of public hearing by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, and additionally by at least one of the following two methods:
A. By mailing notice to all owners as shown on the last adopted tax roll, of property adjacent to and abutting the parcel involved or across the public right of way therefrom, such mailing to be at least ten days prior to the public hearing; or
B. By publishing notice in a newspaper of general circulation printed and published in the City, not less than ten days prior to the public hearing. Notice may also be given by such other means as the Board of Appeals deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of action taken. (Ord. 314. Passed 5-30-73.)
(8) Expiration. Following disapproval by the Board of an application or request for a Conditional Use Permit, no subsequent application requesting the same variance shall be filed by any applicant, whether the same person, firm or corporation, until the expiration of twelve months after the original or subsequent disapproval. The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board's decision, shall be filed in the offices of the Clerk and shall be open to public inspection. In any case where a Conditional Use permit has not been used within one year after the date of granting thereof, or within such other period of time which may be prescribed in the permit, or within any extension granted pursuant to this section, then without further action, the permit shall expire.
(Ord. 867. Passed 10-3-89.)
(g) Specific Powers Relative to Special Exceptions. Upon application, the Board shall be empowered to issue a special exception to allow the following situations:
(1) To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, Act of God, or public enemy, to the extent of more than sixty percent (60%) of its reasonable value where the Board finds some compelling public necessity requiring a continuation of the nonconforming use and the primary purpose of continuation of the nonconforming use is not to continue a monopoly.
(2) To permit the one-time enlargement of existing nonconforming buildings upon the same lot occupied by such building or upon an adjoining lot, provided that such lot was under the same ownership as the lot on which such nonconforming building existed at the time such buildings became nonconforming, and provided that such enlargement is necessary and incidental to the existing use of such building, and further provided that the enlargement conforms to the height, yard and area requirements of the zoning district in which it is located and where use enlargements are not detrimental to present and potential surrounding uses and will be in harmony with the general purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the health, safety and general welfare of the residents of the City.
(3) To vary parking and loading-unloading regulations whenever the character or use of the building is such as to make necessary the full provision of parking and loading-unloading facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(4) To permit the erection and use of a building or the use of premises for public utility purposes.
(5) To permit the substitution of one or more nonconforming uses for another where the Board finds evidence that the proposed uses will be less detrimental to the neighborhood than the existing use and where there is substantial evidence that the structure to house the proposed substitution is ill-suited by architectural and physical design to either a permitted or conditional use in a given zoning district.
(Ord. 82-02. Passed 3-2-82.)
(h) Specific Powers Relative to Variances. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of the Zoning Ordinance as will not be contrary to the public interests but only in the case of peculiar conditions, involving irregular, abnormally narrow, shallow or steep lots, or other unusual conditions, whereby strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved. No variance from the strict application of any provision of the Zoning Ordinance shall be granted by the Board unless it finds, beyond reasonable doubt, that one or more of the following facts and conditions exist:
(1) That special conditions and circumstances exist which are peculiar to the land , structure, or building involved, and which are not applicable to other lands, buildings, or structures within the same zoning district.
(2) That literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by the Zoning Ordinance to other lands, structures or buildings in the same zoning district.
(5) That granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(6) That the proposed variance will not constitute a change of zoning district, including a variation in use, on the Official Zoning District Map. In no case shall the Board of Zoning Appeals approve a variance for a use which is not a permitted use in the zoning district in which the property, building or structure is located.
Following disapproval by the Board of an application or request for variance from the literal interpretation of the Zoning Ordinance, no subsequent application requesting the same variance shall be filed by any applicant, whether the same person, firm or corporation, until the expiration of twelve months after the original or subsequent disapproval. The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board's decision shall be filed in the offices of the Clerk and shall be open to public inspection .
(i) Appeals Procedure. Appeals from the Board of Zoning Appeals in their decisions on administrative error; variances; conditional uses; special exceptions and related matters shall be to the Court of Common Pleas of Montgomery County, Ohio, as provided by the statutes of the State.
(Ord. 314. Passed 5-30-73.)
1161.06 ENFORCEMENT PROVISIONS.
(a) Nonconformities: Buildings, Uses and Lots.
(1) Intent. Within the districts established by the Zoning Ordinance or amendments that may later be adopted there exist:
A. Buildings and structures;
B. Uses of land and structures;
C. Lots of record;
which were lawful before the Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of the Zoning Ordinance or future amendments. Nonconforming uses are declared by the Zoning Ordinance to be incompatible with permitted uses in the districts involved. It is the intent of the Zoning Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of the Zoning Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. To avoid undue hardship, nothing in the Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of the Zoning Ordinance and upon which actual building construction has been carried out diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(2) Nonconforming buildings and structures.
A. A nonconforming use of a building or structure lawfully existing upon the effective date of the Zoning Ordinance may be maintained and may be repaired, provided that no enlargement of the nonconformance shall be made. Any nonconforming building or structure may be altered to decrease its nonconformity.
B. A structure nonconforming as to use, height, yard requirements or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the zoning district in which it is located.
C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district, and the nonconforming use may not thereafter be resumed.
D. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the zoning district in which it is located.
E. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve consecutive months, such use shall not after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the zoning district.
F. Any nonagricultural building or structure containing a nonconforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other Act of God to the extent of sixty percent (60%) or more of its replacement value immediately prior to damage, shall not be repaired or reconstructed except in conformity with the provisions of the Zoning Ordinance. In the event that the Zoning Enforcement Officer's estimate of the extent of damage or replacement value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals.
G. No existing structure devoted to a use not permitted by the Zoning Ordinance in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.
(3) Nonconforming uses of land.
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the Zoning Ordinance.
B. If any such nonconforming use of land ceases for any reason for a period of more than ninety days, any subsequent use of such land shall conform to the requirements specified by the Zoning Ordinance for the zoning district in which such land is located.
(4) Nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the Zoning Ordinance, notwithstanding limitations imposed by other provisions of the Zoning Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is vacated. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.
(5) Uses with conditional use permits not nonconforming uses. Any use of specific property which is permitted as a conditional use in a zoning district under the terms of the Zoning Ordinance shall not be classified a nonconforming use in such zoning district, but shall without further action be considered a conforming use on that particular zoning lot.
(b) Separability. If any section, subsection, sentence, clause, or phrase is for any reason held to be invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other than the part so declared to be invalid.
(c) Conflicting Ordinances Repealed. All conflicting ordinances, all amendments thereto, and any ordinances or parts of ordinances in conflict with the Zoning Ordinance shall be repealed.
(d) Violations and Penalties.
(1) The owner or agent of a building, structure or land in or upon which a violation has been committed or shall exist; or the lessee or tenant of an entire building, entire structure or entire land in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any buildings, structure or land in or upon which violation shall exist, shall be guilty of a minor misdemeanor, punishable by a fine of not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed on each day that such violation occurs or continues.
(2) The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to the provisions of the Zoning Ordinance is hereby declared to be a violation of the Zoning Ordinance and unlawful. The Zoning Enforcement Officer shall, immediately upon any such violation having been called to his attention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be instituted by any property owner who may be especially damaged by any violation of the Zoning Ordinance. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 314. Passed 5-30-73.)
1165.01 GENERAL INTERPRETATION.
Unless otherwise specified, all distances shall be measured horizontally, in any direction. The following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the meanings set forth in Section 1165.02.
(Ord. 314. Passed 5-30-73.)
1165.02 DEFINITIONS.
(1) “Accessory use or building” means a subordinate use or building customarily incidental to and located on the same zoning lot occupied by the main use or building.
(2) “Alley” means a public or private way, twenty feet or less in width which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
(3) “Automobile service station” means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling, or major mechanical repair.
(4) “Basement” means a story whose floor is more than twelve inches, but not more than half of its story height below the average level of the adjoining ground, as distinguished from a “cellar” which is a story more than one-half below such level. A basement, when used as a dwelling, shall be counted as a story for purposes of height, measurement, and as a half-story for purposes of side yard determination.
(5) “Board of Zoning Appeals” means the Board of Zoning Appeals of Union, Ohio or until such Board is appointed, the Planning Commission.
(6) “Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel. When any portion thereof is completely separated from every other portion thereof by a division wall without openings then each such portion shall be deemed to be a separate dwelling. At no time shall this definition be construed to include mobile homes.
(7) “Building height” means the vertical distance measured from the adjoining street centerline grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
(8) “Building line” means the line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundations.
(9) “Building permit” means a permit issued by the Zoning Enforcement Officer authorizing the proposed erection, construction, enlargement or moving of a building, structure, or use referred to therein, stating that such buildings, structures or uses are in compliance with, and are consistent with the provisions and terms of the Zoning Ordinance.
(10) “Business” means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale, or offering of merchandise or services.
(11) “Cellar” means a story which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purposes of height regulations only if used for dwelling purposes.
(12) “Clerk” or “Clerk of Council” means the Clerk of Council of Union, Ohio.
(Ord. 314. Passed 5-30-73.)
(12.1) “Commercial vehicle” means any vehicle rated by the manufacturer in excess of 11,500 pounds gross vehicle weight, or any vehicle displaying commercial license plates, or any vehicle customarily used in the conduct of business rather than as a vehicle used to casually carry non-paying passengers. (Ord. 1181. Passed 5-22-00.)
(13) “Comprehensive Plan” means a plan adopted by the Planning Commission and the Council showing the general location and extent of present and proposed land use (Official Land Use Plan) including housing, commercial and industrial uses; the Official Thoroughfare Plan showing highways and thoroughfares; and the Community Facilities Plan showing public facilities, schools, parks and the like. This plan establishes the goals, objectives, and policies of the Municipality.
(14) “Conditional use” means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all the prior conditions for approval have been met.
(15) “Conditional Use Permit” means a permit issued by the Zoning Enforcement Officer upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(16) “Condominium” means the same as “Dwelling, multiple-family” where each family owns its own dwelling unit but where the common areas of the building and site are owned and maintained jointly by the occupants.
(17) “Council” means the Council of Union, Ohio.
(18) “District” means the same as “Zoning District”.
(19) “Drainageway” means a water course, gully, dry stream, creek, or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek or ditch.
(20) “Dwelling” means a structure or building or portion thereof, used exclusively for residential occupancy, including one-family and multiple-family dwellings, but not including hotels, lodging or boarding houses or tourist homes.
A. “Dwelling, single-family” means a building designed for or used for residence purposes by one family or housekeeping unit.
B. “Dwelling, two-family” means a building designed for or used by two families or housekeeping units.
C. “Dwelling, multiple-family” means a building or portion thereof designed for or used by three or more families or housekeeping units living independent of one another.
D. “Dwelling, detached” means a building having no party wall in common with another building.
E. “Dwelling, semi-detached” means a building having one party wall common with an adjacent building.
F. “Dwelling, row” means a dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwellings; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.
(21) “Dwelling unit” means a one-family dwelling or a portion of a two-family, multiple-family, or row dwelling used by one family for cooking, living and sleeping purposes.
(22) “Establishment” means a building or structure used for commercial or industrial purposes including stores, shops, plants, factories, warehouses, wholesale houses and the like.
(23) “Family” means one or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.
(24) “Fence” means an enclosure or barrier whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(25) “Flood plain” means the areas adjoining any river, creek or stream whose surface elevation is lower than the high-water elevation of the regional flood.
(26) “Flood, regional” means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100 year recurrence interval flood.
(Ord. 314. Passed 5-30-73.)
(27) “Floor area of a residential building” means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use. All dimensions shall be measured between interior faces of walls.
(Ord. 1233. Passed 9-10-01.)
(28) “Floor area of a nonresidential building” (to be used in calculating off-street parking requirements) means the floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and fitting rooms and similar areas.
(29) “Garage, private” means a detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
(30) “Garden apartment” means a multi-story, walk-up apartment building, usually grouped around a common open space with off-street parking provided on the periphery of the site.
(31) “Gross density” means the population density of a particular area measured by the number of residents divided by the total number of areas, including street rights of way as well as residential land.
(32) “Health Department” means the Ohio Department of Health.
(33) “Hedge” means a dense growth of shrubbery, usually planted to function as a fence or boundary.
(34) “Home occupation” means an occupation conducted in a dwelling unit by a resident when, provided that, the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Additional characteristics of a home occupation are specified in Section 1153.03.
(35) “Loading space” means a space within the same zoning lot with providing space for the standing, loading or unloading of trucks.
(36) “Lot” means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights of way shall be included.
(37) “Lot area” means the computed area contained within the lot lines.
(38) “Lot, corner” means a lot at the juncture of and fronting on two or more intersecting streets.
(39) “Lot depth” means the mean horizontal distance between the front and the rear lot lines.
(40) “Lot, interior” means a lot other than a corner lot with only one frontage on a street.
(41) “Lot lines” means the property lines bounding the lot.
(42) “Lot line, front” means the line separating the lot from a street.
(43) “Lot line, rear” means the lot line opposite and most distant from the front lot line.
(44) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(45) "Lot Width" means the width of the lot measured at the building setback line.
(46) "Lot of record" means any lot which exists in a recorded deed or on a recorded plat at the time of passage of the Zoning Ordinance.
(47) "Mobile home" means any vehicle or mobile structure more than thirty feet long, on wheels, skids, rollers, or blocks, designed to be pulled, pushed, or carried by a motor vehicle on a highway, and designed for living as a one-family dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities, and the like.
(48) “Modular housing” means an assembly of materials or products comprising all or part of a total residential structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement.
(49) "Nonconformities" means a legally existing use, structure, or land which fails to comply with the standards set forth in the Zoning Ordinance applicable to the district in which it is located.
(50) "Official Thoroughfare Plan" means the Official Thoroughfare Plan adopted by Council, establishing the location and official right-of-way widths of State highways, thoroughfares and collector streets in the City, on file in the office of the Clerk.
(51) “Parking area".
A. "Private parking area" means an open area for the same use as a private garage.
B. "Public parking area" means an open area other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(52) "Parking space" means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley. (Ord. 314. Passed 5-30-73.)
(53) "Paving" means any hard surface material such as concrete, asphalt, brick or paving blocks. Gravel and other loose stone materials are specifically excluded from the definition of "paving". (Ord. 1037. Passed 10-23-95.)
(54) "Person" means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
(55) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
(56) "Planned Unit Development" means an area of land, in which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under the Zoning Ordinance. The procedure for approval of such development contains a two-step procedure in addition to requirements of the standard subdivision, review and approval of the initial Concept Plan and then of detailed Site Development Plans for sections of the total landholding.
(57) "Planning Commission" means the Planning Commission of Union, Ohio.
(58) "Private recreation facility" means any privately-owned and operated recreation facility or area such as a golf course, tennis courts, ball fields, not including fraternal lodges, or swimming pools. (Ord. 314. Passed 5- 30-73.)
(58.1) "Recreational vehicle" means any motor vehicle or trailer designed and used as a travel trailer, camper, motor home, tent trailer, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer, and for any similar purpose.
(Ord. 717. Passed 5- 28-85.)
(59) "Resource extraction" means any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
(Ord. 314. Passed 5-30-73.)
(59.1) "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a street or highway includes two or more separate roadways, the term "roadway" means any such roadway separately but not all such roadways collectively.
(Ord. 717. Passed 5-28-85.)
(60) "Setback line" means the closest point at which a building may be constructed in relation to the lot line.
(61) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, or the entire community.
(62) "Sewers, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the Montgomery County Combined Health District.
(63) "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
(64) "Structure" means anything constructed, erected or placed which requires location on the ground or attachment to something having a location on the ground. Devices used for the support of wires and appurtenances supplying public utility services shall not be considered as structures under the Zoning Ordinance.
(65) “Temporary structure” means structures of a temporary nature erected for a period not to exceed twelve months for such uses as construction offices or storage buildings at a construction site. (Ord. 314. Passed 5-30-73.)
(65.1) "Trailer" means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, and a vehicle used to transport agriculture produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed greater than twenty-five miles per hour. (ORC 4521.01(M))
(65.2) "Truck" means every motor vehicle, including trailers, semitrailers and tractors, designed and used to carry property. (ORC 4511.01(K))
(1) "Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks. and except devices other than bicycles moved by human power.
(2) "Motor vehicle" means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in transportation, hole-digging machinery, well- drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of twenty-five miles per hour, or less, threshing machinery used in the production of horticultural, floricultural, agricultural and vegetable products.
(Ord. 717. Passed 5-28-85.)
(66) "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(67) "Use-by-right" means a principal permitted use in a particular zoning district which is permitted in that district as a legal right under the terms of the Zoning Ordinance.
(68) "Variance" means a variation from a strict interpretation of the terms of the Zoning Ordinance, owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in the Zoning Ordinance, a variance is authorized only for height, area, yard, or setback requirements.
(69) "Wall" means a boundary enclosure or separating barrier which is usually opaque.
(70) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in the Zoning Ordinance.
A. "Yard, front" means a yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.
B. "Yard, rear" means a yard extending the full width of the lot between the rear-most main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.
C. "Yard, side" means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(71) "Zoning district" means a portion of the incorporated area of the City for which certain uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.
(72) "Zoning Enforcement Officer" means that person designated by Council to administer and enforce the Zoning Ordinance.
(73) "Zoning Lot" means a single tract of land which, at the time of the filing for a Zoning Certificate, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a "Zoning Lot" may or may not coincide with a lot of record. The Zoning Lot shall have adequate frontage on an improved dedicated roadway of adequate width.
(74) "Zoning Ordinance" means Titles Three and Five of this Part Eleven- Planning and Zoning Code.
(Ord. 314. Passed 5-30-73.)
CODIFIED ORDINANCES OF UNION