Walbridge City Zoning Code
TITLE THREE
Administration and Enforcement
1131.01 TITLE.
Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code shall be known and may be cited as the Zoning Ordinance of the Village of Walbridge, Wood County, Ohio. (Ord. 11-07. Passed 7-18-07.)
1131.02 PURPOSE.
For the purpose of promoting public health, safety, morals, comfort and general welfare; to conserve and protect property and property values; to prevent overcrowding; to secure the most appropriate use of land; to avoid congestion in the public streets and highways; and to facilitate adequate but economic provisions of public improvements, all in accordance with a comprehensive plan, Council finds it necessary and advisable to regulate the location, bulk, and size of buildings and other structures, including tents, cabins, camper vehicles and mobile homes and the uses of land for trade, industry, residence, recreation or other purpose, and for such purposes divides the incorporated area of the Village into districts or zones. All sections of the existing Zoning Ordinance or portions thereof which are not contained in this amended Zoning Ordinance are hereby repealed.
(Ord. 11-07. Passed 7-18-07.)
1131.03 INTERPRETATION AND CONFLICT.
In interpreting and applying the provisions of this Ordinance, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any Ordinance rules or regulations previously adopted or issued and not in conflict with any of the provisions of this Ordinance, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Ordinance; nor is it intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other Ordinances or agreements, the provisions of this Ordinance shall control.
(Ord. 11-07. Passed 7-18-07.)
1131.04 COMPLIANCE WITH REGULATIONS.
(a) No building or structure shall be located, erected, constructed, reconstructed, enlarged or structurally altered except in conformity with the area, height and yard regulations of the district in which such building or structure is located.
(b) No building, structure or lot shall be used for any purpose other than that which is permitted in the district in which such building, structure or lot is located.
(c) No yard or other open space existing about any building or structure shall be so reduced in area or dimension as to make it less than the minimum required by this Ordinance.
(d) No lot held under one ownership at the time of the effective date of this Ordinance shall be reduced or subdivided in any manner below the minimum area and yard provision required by this Ordinance.
(e) The minimum yards, parking spaces and other open spaces, including lot area per family, required by this Zoning Code for any building hereafter erected shall not be encroached upon or considered as parking, yard or open space requirements for any other building, nor shall any lot area be reduced below the district requirements of this Zoning Code.
(f) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter. Every lot shall have access to a public right-of-way and have a minimum width per the dimensional requirements of Chapter 1151.
(g) No building shall be erected, converted, enlarged, reconstructed or structurally altered for a dwelling use except in conformity with the floor area regulations of the district in which it is located.
(h) No nonconforming structure or use that was erected, converted or structurally altered, or premises used in violation of the Zoning Ordinance passed July 18, 2007, or amended thereafter; shall be validated by the adoption of this Zoning Code and such violation or a violation of any of the provisions of this Zoning Code may be ordered removed or corrected by the proper officials at any time.
(i) Exceptions to these regulations in specific cases may be authorized by the Zoning Board of Appeals where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Ordinance providing such exception is in harmony with the general purpose and intent of the Ordinance and in accordance with the procedures and provisions specified in Chapter 1141. Hardship shall be based on physical limitations of the land or structures and does not encompass financial considerations.
(j) Application forms for Zoning Permits shall be provided by the Village.
(Ord. 11-07. Passed 7-18-07.)
1131.05 USES EXEMPTED.
The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement of any building or structures of any public utility owned by the Village, or the use of land by any public utility owned by the Village for the operation of its business or the use of land for essential services as herein defined shall be permitted in all districts established by this Ordinance and no zoning permit shall be required for any building or structure or for the use of any land essential to the operations of a public utility owned by the Village.
(Ord. 11-07. Passed 7-18-07.)
1131.06 VALIDITY.
If any chapter, section, subsection, paragraph, sentence or phrase of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1131.07 EFFECTIVE DATE.
This Ordinance shall become effective from and after the date of its approval and adoption as provided by law. (Ord. 11-07. Passed 7-18-07.)
1131.08 ORDINANCE CONTENTS: TEXT AND MAP.
This Ordinance shall consist of the text hereof together with that certain map marked and designated the Map of the Zoning Ordinance of the Village, dated and identified by the signatures of the Mayor and the Village Clerk-Treasurer. Whenever zoning classifications are established or modified, the Zoning District Map shall be corrected to show such changes and shall be published unless the amending ordinance clearly identifies the zoning classification changes without reference to the Zoning District Map. Either the Zoning District Map or the text in amending ordinances shall be sufficient to establish zoning changes. The latest dated Zoning District Map shall be the effective one.
(Ord. 11-07. Passed 7-18-07.)
1131.09 SCOPE OF REGULATIONS.
Except as provided by this Ordinance and except after obtaining a written zoning permit from the Zoning Administrator, it shall hereafter be prohibited:
(a) To erect any new building or structure or to relocate, enlarge, or substantially alter any existing building or structure.
(b) To establish, expand, change or re-establish any nonconforming use of a building, structure or land.
(c) To reduce the open structure or plot area required for a building, structure, parking space or similar facility or to include any part of such open space or plot area as that required for an adjoining building or structure.
(Ord. 11-07. Passed 7-18-07.)
1131.10 LIBERAL CONSTRUCTION.
In the interpretation and application of this Ordinance, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be construed to be a limitation or repeal of any other power granted by the Ohio Statutes, as may be amended from time to time, or now possessed by the Village.
(Ord. 11-07. Passed 7-18-07.)
1131.11 GENERAL PROVISIONS.
(a) Administration of the Zoning Ordinance shall include the issuance of zoning permits, enforcement of the Zoning Code, amendments to the Zoning Code, zoning appeals and the maintenance of zoning records, ordinances and maps.
(b) Village Council shall act on request of zoning amendments and serve as the final appeal for Village action on matters of zoning.
(c) The Clerk of Council shall maintain record of all resolutions of Council concerning zoning, zoning ordinances and appeals to Village Council.
(d) It shall be the duty of the Zoning Administrator to enforce the Zoning Code, issue zoning permits and to maintain the zoning permit record and maps.
(e) The Planning Commission shall be responsible for review and recommendation of zoning amendments and site plans (as required or requested).
(f) The Zoning Board of Appeals shall conduct hearings and decide on matters of zoning appeal, granting of zoning variances and exceptions to provisions of the Zoning Code.
(Ord. 11-07. Passed 7-18-07.)
1135.01 INTERPRETATION OF TERMS OR WORDS.
For the purposes of the Zoning Ordinance, certain terms or words used herein shall be interpreted as follows:
(a) "Person" 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 vice versa; words in the masculine gender include the feminine and neuter.
(c) Shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(d) "Lot" includes the words "plot" or "parcel."
(e) "Building" includes the work "structure."
(f) "Dwelling" includes the word "residence."
(g) "Used for" or "occupied" include the words "intended for," "designed for" or "are to be used or occupied."
(h) Where terms are not defined in this section, they shall have their ordinarily accepted meanings or such meanings as the text may imply.
(Ord. 11-07. Passed 7-18-07.)
1135.02 DEFINITIONS.
Abandoned Sign: A sign or sign structure which no longer identifies or advertises a business, lesser, service, owner, product or activity, and/or for which no legal owner can be found. Such sign(s) and sign structures shall be removed within 30 days of notification by the Village Zoning Administrator.
(Ord. 11-07. Passed 7-18-07.)
Accessory Building: A structure located on the same lot with the principal building, detached or attached and is substantial and customarily incidental to the use of the principal building. Each accessory use requires a zoning permit. Examples include, but are not limited to fences, walls, garages, sheds, parking places, decks.
(Ord. 19-18. Passed 12-5-18.)
Accessory Use: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, including home occupations where permitted. Each accessory use requires a zoning permit.
(Ord. 11-07. Passed 7-18-07.)
Adjacent: Sharing a common boundary of at least one point, but also includes properties which are separated by a public right of way not exceeding one hundred and twenty (120) feet in width. (Ord. 19-18. Passed 12-5-18.)
Advertising Message: The copy on a sign describing products or services being offered to the public.
Advertising Sign: A sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
Agriculture: Includes farming, dairying, pasturage, apiculture, horticulture, viticulture, tree farming, animal and poultry husbandry; and only the sale of such products as are raised on the premises; agriculture shall not include kennels. Includes the necessary accessory uses, provided however that:
(a) The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and
(b) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(c) A use shall be classified as agricultural only if agriculture is the principal use of the land.
Agricultural Products: Goods produced or services provided by person(s) engaged in agriculture.
Airport or Aircraft Landing Field: Any landing area, runway, or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, and tie-down areas, hangars, and other necessary buildings and open spaces.
Aisle: That portion of the circulation area within a parking lot that provides access to parking spaces or a delivery zone. The minimum width permissible for an aisle to serve adjacent parking spaces shall depend on the angle of parking as stated in Section 1183.02.
Alley: A public thoroughfare which typically affords a secondary means of access to the back or side of properties abutting another street. It is not more than ten feet wide where required for pedestrian use exclusively and not less than 20 feet wide where required for vehicular use.
Alteration means, as applied to a building, a change or rearrangement in the structural or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Alteration, Structural: Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Animal Care Facilities: Structures, buildings, or enclosures used for medical treatment including care and temporary housing of animals receiving treatment, with temporary housing being limited to 48 hours. Uses include but are not limited to veterinary clinics and animal hospitals.
Animal Hospital: Structures, buildings, or enclosures used for medical treatment and care of animals, but does not include housing nor kennels for animals.
(Ord. 11-07. Passed 7-18-07.)
Animals, Domestic: Animals not considered as livestock and that are typically small in size and customarily kept for personal use or enjoyment within the home. Household pets shall include but not be limited to dogs, cats, tropical birds, amphibians and rodents.
Animals, Exotic: Those animals that meet two or more of the following criteria:
(a) Dangerous
(b) Not indigenous to Ohio
(c) Wild (not domesticated)
Animals, Farm: Animals that are typically kept for commercial purpose.
(Ord. 19-18. Passed 12-5-18.)
Animated Sign: A sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical or other means. (See also and note difference from "Changeable sign.") Animated signs include the following types:
(a) Naturally Energized: Signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wing.
(b) Mechanically Energized: Signs manifesting a repetitious pre-programmed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives.
(c) Electrically Energized: Illuminated signs whose motion or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:
(1) Flashing Signs: Illuminated signs exhibiting a pre-programmed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to 100 percent (on) during the programmed cycle.
(2) Illusionary Movement Signs: Illuminated signs exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.
Apartment House: A building or portion thereof used or intended to be used as the home of three or more families or householders living independently of each other.
(Ord. 11-07. Passed 7-18-07.)
Apartment Unit: One or more rooms with a private bath and kitchen facilities comprising and independent, self-contained dwelling unit in a building containing three (3) or more dwelling units. (Ord. 19-18. Passed 12-5-18.)
Applicant: An owner of real property in the Village of Walbridge or his/her agent.
Architectural projection: Any projection not intended for occupancy which extends beyond the property line, not including signs, canopies or marquees.
Area, built means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
Area Identification Sign: A sign freestanding or affixed to a wall or fence which identifies a neighborhood, a residential subdivision, a multi-family residential complex or a commercial or industrial complex.
Area of a Sign: See "Sign, Area of."
Area, net site means the total area within the property lines excluding external streets.
Assisted Living Facility: A licensed residential care facility that is designed, maintained and operated for persons in need of assistance/medical/rehabilitative care where, in addition, a limited number of support services such as meals, housekeeping, transportation, and social and recreational activities are provided.
Athletic Field: An area substantially open to the sky that may include, along with the natural environmental features, any other recreational facilities that the Planning Commission deems permissible. Streets, parking areas, structures for habitation, and the like shall not be included.
Auction Market: A building, structure, or site which primary use is for selling of goods, merchandise, land etc. by a bidding process.
Automobile/Automotive Service Station: Any premises used for supplying gasoline, oil, grease, batteries, tires, parts and motor vehicle accessories, at retail direct to the customer, and where, in addition, minor auto repairs and services may be rendered and sales made, but not including body or fender work, painting or major motor repairs. When the aforementioned service is incidental to the conduct of a public garage, the use shall be classified as a public garage. See also "Convenience Gas Station." (Ord. 11-07. Passed 7-18-07.)
Automotive Repair: The repair, refurbishing, installing or reconditioning of motor vehicles or parts thereof, including collision service, painting, and detail cleaning of vehicles.
(Ord. 19-18. Passed 12-5-18.)
Automotive Salvage: The dismantling, wrecking and/or salvage of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
Automotive, Travel Trailer, and Farm Implement Sales and Rentals: An open area, other than a street, used for the display or sale of new or used automobiles, motorcycles, recreational vehicles, trailers, travel trailers and farm implements, and where no repair work is done except minor incidental repair of automobiles, motorcycles, recreational vehicles, trailers, travel trailers and farm implements to be displayed and sold on the premises.
Automotive Wrecking/Salvage Yard: Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area, or in a partially enclosed building, and are not being restored to operation, or any land used for wrecking, storing and/or salvage of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating conditions.
Awning: A shelter projecting from and supported by the exterior wall of a building constructed of rigid or non-rigid materials on a supporting framework.
Awning Sign: A sign painted on, printed on, or attached flat to an awning covering a doorway, window or face of the building.
Background area: The entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with fascia or painted wall signs.
Backlit Awning Sign: A sign attached to an awning that is covered with translucent fabric and is internally illuminated.
Balcony: A railing enclosed platform projecting from the outer wall of a building.
Banner: A temporary sign not exceeding 30 square feet in aggregate, displayed on a flag or a strip of lightweight material made of paper, cloth or fabric, which is attached to a building, another sign (but as not to obstruct the view of traffic) or some other existing structure. One banner sign is allowed for two, 30-day periods per year and requires a Sign Zoning Permit. See also "Flag."
Banner sign: A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
Basement: A story partly or wholly below grade. For purposes of height measurement, a basement shall be counted as a story where one-half of its height is above the average level of the adjoining ground. If, however, a basement is not occupied as living quarters or for business purposes, it shall not be included as a story for the purpose of height measurement.
Bed and Breakfast: Any place of lodging that provides eight or fewer rooms for rent, for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and at which the only meal served to a guest is breakfast. The building is distinguished from a hotel, boarding or rooming house in the above-listed ways.
Billboard or Poster Panels: Any sign or advertising structure used to advertise goods, products, services or facilities which are located off-site from where the sign is installed and maintained. See also "Off-Premise Sign."
Board: The Zoning Board of Appeals of the Village of Walbridge, Ohio.
Boarding House: A building, or portion thereof, other than a hotel, tourist home, bed and breakfast, or motel, where lodging and meals for three or more persons are provided for compensation.
Boarding of Animals and Livestock: The stabling, housing and feeding of animals or livestock for compensation or for use in a commercial activity, exhibit or for other commercial/ recreational purposes.
Boat Storage: The storage of boats, similar watercraft and marine equipment.
Boats and Boat Trailers: Shall include boats, floats and rafts, plus the normal equipment to transport same on the highway.
Boundary Wall (Exterior): See "Wall, Boundary (Exterior)."
Building: A structure having a roof supported by columns or walls designed or intended for the shelter, support, protection or enclosure of persons, animals, property, or chattels. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate building.
Building Area: The space remaining on a lot after the minimum open-space requirements (coverage, yards, setbacks) have been met.
Building, Community: A building for social, educational, and recreational activities of a neighborhood or community provided any such use is not operated for commercial gain.
Building Coverage: The amount of land covered or permitted to be covered by a building measured on a horizontal plane at mean grade level and excluding uncovered porches, terraces and steps.
Building Face or Wall: All window and wall area of a building in one plane or elevation.
Building, Front Line of: The line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
Building Frontage: The linear width of an outside building wall facing a right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
Building Height: The vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridges for a gable, hip, or gambrel roof; provided that where the buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
Building Line: A setback line for a main building on a platted lot.
Building, Main: A building in which is conducted the principal use of the lot on which it is situated.
Building(s), Principal means a building or group of buildings in which is the conducted the main or principal use of the lot on which the buildings are situated.
Building, Unit Group: Two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals and institutions.
Building Sign: A sign lettered to give the name of a building itself, as opposed to the name of occupants or services.
Bulletin Board, Institutional: See "Institutional Bulletin Board."
Bus Shelter: An open structure with a roof used as a protection or shield from wind, rain, snow etc. Usually a place for persons to stay awaiting a bus or passenger vehicle.
Business: The sale, purchase, or exchange of goods or services.
Business Classifications:
(a) Business, General: Retail and service establishments which, in addition to catering to the daily needs of community residents and workers for convenience goods and services, also include establishments offering comparative-type shopping facilities. General business includes, but is not limited to, automobile service station; automotive repair; banks; financial and insurance services; marine sales and service; printing and publishing services; supermarkets; and stores for the sale of drugs, hardware, appliances, furniture, apparel and footwear; business and personal services; professional services; and other similar or related activities which can be grouped by design into a unified shopping center.
(b) Business, Highway: Includes commercial uses requiring locations on major thoroughfares and at their principal intersections. Highway uses include motels, motor vehicle service stations, motor vehicle repair, restaurants, drive-in establishments, automotive and farm implement rental, sales and services, building trades and services, commercial recreation and similar commercial activities, when maintained inside an enclosed building.
(c) Business, Neighborhood: Retail and service establishments which primarily serve a day-to-day need in local market areas and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influence. To prevent congestion, local retail and service uses include only those enterprises which normally employ less than 10 persons. Permitted uses include drug stores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, banks and financial/insurance services with fewer than 10 employees, and hardware and grocery stores if less than 10,000 square feet of floor area. Other small businesses of an equally restricted and local nature may be permitted, based upon such interpretation of the Zoning Code by the Board of Zoning Appeals.
(d) Business, Office-Type: Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. The term "Office-Type Business" generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification. Establishments in this classification are located in the "C-3," General Commercial and "C-2," Village Center Commercial zoning districts.
(e) Business, Wholesale: Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service. Establishments in this classification are located in the "M-1," Light Industrial and "M-2," General Industrial zoning districts.
Business Services: Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or business.
Business Sign: A sign which directs attention to a business or profession conducted on the premises. A "For Sale" sign or a "For Rent" sign relating to the property on which it is displayed shall be deemed a "business sign."
Camp means any one or more of the following, other than a hospital, place of detention or school offering general instruction:
Type 1. Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
Type 2. Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments whether or not conducted for profit and whether or not occupied by adults or by children, either as individuals, families or groups.
Campground: Land used or intended to accommodate two or more recreational vehicles, tents, or other individual camping units to be used as temporary housing for recreational purposes.
Canopy Sign: Any sign attached to or constructed on a roof like covering with poles or an overhanging shelter.
Cellar: See "Basement."
Cemetery/Memorial Gardens: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including associated buildings such as chapels, crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
Changeable Sign: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged by manual or electric, electro-mechanical, or electronic means. Changeable signs include the following types:
(a) Manually-Activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means.
(b) Electrically-Activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically-illuminated or mechanically-driven changeable segments. Includes the following types:
(1) Fixed Message Electronic Signs: Signs whose basic informational content has been pre-programmed to include only certain types of information projection, such as time, temperature, predictable traffic conditions, or other events subject to prior programming.
(2) Computer-Controlled Variable Message Electronic Signs: Signs whose informational content can be changed or altered by means of computer-driven electronic impulses.
Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by manual or electric, electro-mechanical, or electronic means without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this code. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purpose of the Ordinance.
Child Care Clinic: Is an establishment where patients up to and including the age of twelve are not lodged overnight but are admitted for examination and treatment by a physician or a group of physicians practicing medicine together.
Child Day Care: Administering to the needs of infants, toddlers, pre-school children and school children outside of school hours by persons other than their parents or guardians, custodians or relatives by blood, marriage or adoption for any part of the 24-hour day in a place or residence other than the child's own home. The following are child day care facilities:
(a) Child Day Care Center: Any place in which child day care is provided, with or without compensation, for thirteen or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for seven to twelve children at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(b) Family Day Care Home, Type A: A permanent residence of the administrator in which child day care is provided for four to twelve children at any one time, if four or more children are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term "Family Day Care Home, Type A" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(c) Office Complex Day Care Facilities: A place that is an integral part of an office building or office complex where child day care is provided, with or without compensation, typically for the employees of said office building or complex.
(Ord. 11-07. Passed 7-18-07.)
(d) Type B Family Day-Care Home: A permanent residence of the provider in which child day-care is provided for 1 to 6 children at one time and in which no more than three (3) children may be under 2 years of age at any one time. In counting children for the purposes of this definition, any children under 6 years of age who are related to the provider and who are on the premises of the Type B home shall be counted. The term “Type B family day-care home” does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home. Type B Family Day Care home and Type B home do not include any chid day camp.
(Ord. 19-18. Passed 12-5-18.)
Church: A place of worship that typically includes an assembly room, rooms for religious education and administrative offices. A church is considered a semi-public use.
Clearance (of a Sign): The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments extending over that grade.
Clinic: An establishment where human patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine together or professionals licensed to practice the healing arts.
Club: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, literary, political, educational or recreational purpose, primarily for the exclusive use of members and their guests, and not primarily for profit or to render a service which is customarily carried on as a business.
Code: The codified Zoning Ordinance of the Village of Walbridge, Ohio.
Commercial: A use or activity which includes the purchase, sale, or exchange of goods or services including the display and transportation of commodities.
Commercial Entertainment Facilities: Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.
Commercial Message: Any sign wording, logo or other representation that directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
Commercial Vehicle: Any vehicle with a carrying capacity of over 6,000 pounds and used or designed to be used for business or commercial purposes and that requires a commercial driver's license (CDL) to drive. This definition includes school buses, semi-tractors, dump trucks and hazardous material haulers. Commercial vehicles may not remain overnight in a residential area or on the street adjacent to a residential area unless parked in an enclosed garage.
Commission: Shall mean the Planning Commission of the Village of Walbridge, Ohio.
Community Water and Sewerage Facilities or Services: The water distribution and/or sewage collection system provided by or authorized or franchised by a public authority.
Conditional Use (Conditional Exception): A use permitted within a district other than a principally permitted use which is subject to conditional approval by the Zoning Board of Appeals and requires a conditional use permit. A use other than a use by (or as of) right. A conditional use may be granted by the Board only when there is a specific provision for such conditional exception made in this Ordinance. A conditional use is not considered to be a nonconforming use.
Conditional Use Permit: A permit issued by the Zoning Administrator upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within a district.
Condominium (Zero-Lot Line Development): A form of real property ownership in fee simple of a cubic air space including only interior surfaces (the individual dwelling unit), and undivided ownership share, in common with other purchasers, of the common elements of the project including the land and its appurtenances.
Construction Sign: A temporary sign identifying an architect, engineer, financial institution, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.
Convenience Gas Station: Any premises used for supplying gasoline as well as convenience goods, at retail direct to the customer, and wherein auto repairs and services are not rendered.
Copy, Sign: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic or alphabetic form.
Copy area, Sign: The area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. For fascia signs, the copy area limits refer to the message, not to the illuminated background.
Court: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
(a) Inner Court: A court other than an outer court. An inner court is enclosed on all sides by the exterior walls of a building, or by exterior walls and lot lines on which walls are allowable. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.
(b) Outer Court: A court which opens onto a required yard, or street or alley. An outer court is enclosed on not more than three sides by the exterior walls of a building, or by exterior walls and lot lines on which walls are allowable. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.
Covenant: A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.
Coverage: Percentage of the plot or lot area covered by the building area.
Crawl Space: The shallow portion of a building that is at or below grade.
Cul-de-Sac: A short street having one end open to traffic and being terminated by a vehicle turn-around. See also "Street."
Curb Grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the Village Engineer shall establish such curb grade or its equivalent for the purpose of this Ordinance.
Day Care Facilities: A place other than the permanent residence which administers to the needs of children or adults providing social, rehabilitation, recreational, or educational activities on a daily basis with no provisions for residential care. Uses include, but are not limited to, adult day care, child day care, rehabilitative care and nursery schools.
Dead-End Street: See "Street."
Density: A unit of measurement representing the number of dwelling units per acre of land.
(a) Gross Density: The number of dwelling units per acre of total land to be developed including rights of way.
(b) Net Density: The number of dwelling units per acre excluding rights of way.
(c) Gross Acre: Total acreage of a parcel including public rights-of-way and easements.
(d) Net Acre: Total acreage of a parcel excluding public rights-of-way and easements.
(e) Density Classification:
(1) Low: No greater than 1.5 units per net acre
(2) Low-Medium: 1.5 to 2.2 units per net acre
(3) Medium: 2.2 to 3.9 units per net acre
(4) Medium-High: 3.9 to 5.0 units per net acre
(5) High: Greater than 5 units per net acre
Detached refers to a structure surrounded by open space on the same lot as a main or principal building.
Detached Sign: Any sign which serves solely to designate the location or direction of any place or area.
Directional Sign: Any sign which serves solely to designate the location or direction of any place or area.
Directional/Information Sign (Private): An on-premise sign giving directions or instructions to facilitate traffic flow, e.g., parking or exit and entrance signs. Such signs may contain the name or logo of an establishment but no advertising copy. On such signs, the logo may not comprise more than 20 percent of the total sign area.
Disabled Vehicle: A vehicle that is inoperable and can not move under its own power. It meets one of the following requirements:
(a) It does not display a valid license plate and is in either wrecked, partially wrecked, dismantled, partially dismantled, or discarded condition, or is incapable of being driven; or
(b) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded or is incapable of being driven and has remained in such condition for a continuous period of 14 days.
Dish: Shall mean that part of a signal-receiving antenna characteristically shaped like a saucer or dish.
Dish Antenna (Earth Station) (Ground Station): An accessory structure that shall mean one or a combination of two or more of the following:
(a) A signal-receiving device (antenna, dish antenna or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
(b) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer and/or transmit electronic or light signals.
(c) A coaxial cable, the purpose of which is to carry or transmit the signals into a receiver which may be located in the interior of the building.
District, Zoning Districts: Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the Zoning District Map which is part of this Ordinance. Regulations governing the use of land, buildings and premises, the height of buildings, the size of yards, the requirements for off-street parking and the intensity of use are uniform within said tracts.
Dormitory: See "Boarding House."
Double-Faced Sign: A sign with two faces, essentially back-to-back.
Drive-in Commercial Uses: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
Drive-Up: An establishment or facilities where goods or services are provided from windows or in drive-through areas to customers in cars or to the cars, and where the cars are temporarily stopped or standing and which commonly does, or could involve, a lineup of cars waiting in line for such goods or services. Current examples of drive-up developments include, but are not limited to, car washes, and drive-up windows at banks and fast food restaurants.
Driveway: A permanent hard-surfaced way that provides access to a garage, carport or unsheltered parking space from a street or place.
Dwelling: A building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple-family dwellings. The term "dwelling" shall include Ohio Basic Building Code (OBBC) approved units, but not include house trailers, e.g. travel trailers, motor homes, truck campers and park trailers, or mobile homes as defined by Ohio R.C. Chapter 4501.01, recreational vehicles, hotels, and boarding, rooming, tourist and lodging houses. Residential purposes shall mean use or intention to use for living or sleeping by one or more human occupants.
(a) Dwelling Unit: One or more rooms in a dwelling, or in a commercial building for which a conditional residential use has been approved, and designed for occupancy by one family and its household employees for living, dining and sleeping purposes, and having cooking, bathing and toilet facilities and space for storage.
(b) One-family dwelling: A detached building designed exclusively for occupancy by one family and separated from other dwelling units by open space.
(c) Two-family dwelling: A building designed exclusively for occupancy by two (2) families living independently of each other, including a duplex (one dwelling unit above the other), or a semi-detached dwelling (one dwelling unit beside the other) and each unit having a separate or combined entrance or entrances.
(d) Multiple-family dwelling: A building or portion thereof, designed for occupancy by three or more families living independently of each other including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
(e) Row: A row of three or more attached, one-family dwellings, not more than two rooms deep.
Dwelling Group: A group of two or more one-family, two-family or multiple-family dwellings occupying a lot in one ownership and having any yard in common.
Easements: Authorization by a property owner for the use by the public, a corporation or persons, and for a specified purpose, of any designated part of his property.
Educational Institution: A college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.
Elderly Housing Facility: A building or buildings containing twelve or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities and recreational facilities, and provide for independent or semi-independent living. For the purposes of this definition, "Elderly Housing Facility" shall not include convalescent homes, nursing homes, group residential facilities, or homes for the aged.
Electrical Sign: A sign or sign structure in which electrical wiring, connections, or fixtures are used.
Embellishment: The decorative or ornamental detail on a sign or sign structure.
Erected: Attached, altered, set up, raised, built, constructed, reconstructed, enlarged or moved into place, and includes the painting of wall signs, but does not include copy changes on any sign.
Essential Services: The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
Exception: See "Conditional Use."
Exempted Signs: Exempted from normal permit requirements.
Extraction Industry: The removal of soil, sand, gravel or minerals from land or water for purposes of resale or use in the commercial operation of a business or the production of a good or service.
Facade: The entire building front including the parapet.
Face of Sign: See "Sign Face."
Family: An individual or married couple and natural or adopted children thereof, or of either parent, occupying a dwelling for the purposes of habitation, and including other persons related directly to the individual or married couple by blood or marriage, and including not more than two lodgers or boarders.
Family Day Care Home, Type A: See "Child Day Care."
Farm means any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures and the storage of equipment used subject, however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.
Farm Market: A building, structure or site whose primary purpose is the sale of agricultural commodities or products, derived from the premises upon which the market is located or on land owned or leased by the operator of the market.
Fence (Unit Fence): An artificially-constructed structure intended to act as a barrier, to demarcate a boundary, or an enclosure to restrict access to and/or egress from a lot or parcel of land, whether enclosing all or part of said lot or parcel or acting as a barrier to travel. Does not include ornamental structures of less than one foot in height. Fences shall be constructed of materials compatible with the surroundings of the zoning district and of material that is uniform throughout the line of the fence.
Field, Athletic: See "Athletic Field."
Filling Station: See "Automobile Service Station."
Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. See also "Banner."
Flea Market: A building, structure or site whose primary purpose is the leasing/renting of space, stalls or areas which are used for selling goods or merchandise.
Flood Plain: That land, including the floodway fringe and the floodway, subject to inundation by the regional flood.
Flood, Regional: 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.
Flood stage: The highest point at which flood waters have risen in the specific area in question. If the Zoning Administrator is unable to determine, it shall be the duty of Council to so determine.
Floodway: That portion of the flood plain, including the channel, required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
Floodway Fringe: That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
Floor area: Space enclosed within a dwelling used for basic living purposes, exclusive of garages, storage rooms, porches or breezeways, enclosed or unenclosed. "Floor area" shall be determined by measurement of the exterior faces of exterior walls or from the center line of walls separating two buildings.
Folding Camper: A folding or collapsing structure of low silhouette mounted on wheels and designed for travel, recreational or vacation uses.
Food Processing: The preparation or processing of food products. Examples of activities included are bakeries and dairies.
Freestanding Sign: See "Sign, Freestanding."
Frontage: All of the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line. Or if the street is a dead-end street, then all of the property abutting on one side between an intersecting street and the dead-end of the street. (For individual lots, see "Lot Frontage" under "Lot.")
Frontage, Building: See "Building Frontage."
Frontage, Lot: See "Lot Frontage" under "Lot."
Funeral Home: See "Mortuary."
Future Development Sign: A temporary sign indicating the future construction or development of a building or area but not fitting under the definition of construction sign.
Garage: A structure or portion thereof which is used for the storage of motor vehicles.
(a) Garage, Private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises, and wherein:
(1) Storage shall not exceed three motor vehicles;
(2) Not more than one space is rented for parking to persons not resident on the premises;
(3) Not more than one commercial vehicle per dwelling unit is parked or stored; and
(4) The commercial vehicle permitted does not exceed two ton capacity.
(b) Garage, Public: A building other than a private garage used for the care, repair, rental or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. See also "Automobile Service Station."
(c) Garage, Storage: A building or portion thereof, other than a private garage, designed or used exclusively for storage of motor-driven vehicles, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
Gas Station, Gasoline Service Station: See "Automobile Service Station."
Golf Course: An extensive recreational facility that typically includes nine or eighteen holes of golf plus a driving range and a clubhouse which typically includes a restaurant and a bar.
Government Sign: See "Sign, Government."
Grade: The curb line grade at the front lot line as established by Council.
Grade, Finished: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
Greenhouse: A building or structure enclosed with glass or other glazing and used for the cultivation and production of plants.
Greenspace: An area open to the sky which may be cultivated or maintained in a natural state.
Gross Floor Area: All of the area on each floor, whether or not such area is enclosed by walls, exclusive of interior areas used for off-street parking or loading facilities.
Ground Sign: See "Sign, Ground."
Grounding Rod: Shall mean a metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.
Guest House: Living quarters within a detached accessory building, located on the same premises with the main building, for use by temporary guests of occupants of the premises; such quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling.
Half story: see "Story."
Hard-Surfaced: A layer of bituminous, concrete, brick or other dust material forming a rigid, solid surface.
Hazardous Waste: Any waste or combination of waste in solid, liquid, semi-solid or contained gaseous form which falls within the definition of Hazardous Waste under Ohio R.C. Chapter 3734.01(j).
Health Care Clinics: A health care facility which provides for diagnosis and treatment services on an emergency or outpatient basis with no provisions for residential care.
Height (of a Sign): The vertical distance measured from the highest point of the sign, including decorative embellishment, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (See also "Clearance [of a Sign].")
Height of Building: See "Building Height."
Highway, Major: A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
Holiday Sign: See "Seasonal Sign."
Home Occupation: An occupation for gain or support carried on by the occupant of a dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, such as millinery; dressmaking; hairdressing; upholstering; repairing; art or photography studio; professional office of an engineer or architect within a dwelling occupied by same; or teaching, with musical instruction limited to a single pupil at a time. A home occupation does not change the external character of the dwelling; does not produce a sound that is audible beyond the dwelling, nor any offensive vibration, smoke, dust, odors, heat or glare; and does not involve the employment of more than one person who is not a resident of such dwelling. No articles are sold or offered for sale except such as are produced within the dwelling, and such occupation shall not occupy more than one-third of the area of the residence. There shall be no exterior display or exterior sign (except as permitted under Chapter 1181), no exterior storage of material and no other exterior indication of the home occupation or variation from the residential character of the principal building. A home occupation shall not be interpreted to include commercial stables, kennels or restaurants.
Hospital: A health care facility which provides for diagnostic, medical, surgical or psychiatric treatment and care. It may include but is not limited to related facilities for educational and training facilities for health professionals. Unless otherwise specified, "hospital" includes sanitarium, sanatorium, preventorium, and similar places for the diagnosis, treatment or other care of human ailmens.
Hospital, Animal: An establishment for the medical and/or surgical care of sick or injured animals.
Hotel: Any building, or portion thereof, which contains guest rooms which are designed or intended to be used, let or hired out for occupancy by, or which are occupied by, ten or more individuals for compensation, whether the compensation be paid directly or indirectly.
House Trailer: See "Mobile Home."
Identification Sign: A sign whose copy is limited to the name and address of a building, institution or person and/or to the activity or occupation being identified.
Illegal Sign: A sign which does not meet the requirements of this code and which has not received legal nonconforming status.
Illuminated Sign: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental Sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, e.g. "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Industrial Park: Any parcel containing more than one industry.
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 of 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. "Industrialized Unit" does not include a manufactured home or mobile home as defined in this Zoning Code.
Inoperable Vehicle: See "Disabled Vehicle."
Institution: Building or land occupied by a nonprofit corporation or a nonprofit establishment wholly for the public use.
Institutional Bulletin Board: A sign which primarily displays the name of the organization and/or upcoming events of that organization.
Institutional Health Care Facilities: A public or nonprofit institution which provides for residential health care and maintenance for mental health or developmentally disabled persons.
Interior Property Lines: Property lines other than those fronting on a street, road or highway.
Junk: Any worn-out, castoff, or discarded article or material which is, or may be, salvaged for reuse, resale, reduction, or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for the aforementioned purposes. Any article or material, which unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
Junk Yard: An area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, packed, or handled, including building wrecking yards, or areas housing the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Kennel: Any lot or premises on which three or more dogs, more than four months of age, are kept for boarding purposes, medical care, or for other commercial purposes excluding animal husbandry.
Landfill: Any site used for the discharge, deposit, injection, dumping, spilling, leaking, emitting or placing of any solid waste or hazardous waste into or on any land or ground or surface water.
Launderette: A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment motel.
Library: A public or semi-public educational institution that, among other activities, catalogues and stores books and other educational media for research and archival purposes, disseminates information, and provides books and other media for recreational reading and learning. (Ord. 11-07. Passed 7-18-07.)
Livestock: Any animal or reptile generally used for food or in the production of food, fur bearing production of hide or textile including but not limited to cattle, sheep, goats, rabbits, poultry, alpacas and llamas.
(Ord. 19-18. Passed 12-5-18.)
Living Space or Area: The total square footage of usable living floor space within the defined areas created by the walls of a dwelling. Such area does not include crawl spaces, unfinished attics, open patios, open terraces or courts, open breezeways, outside steps, garages and/or carports.
Loading Space or Berth: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, exclusive of off-street parking spaces, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lodging House: See "Boarding House."
Lot: Land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and other open spaces and a lot area as are required by this Ordinance to meet minimum zoning requirements for use, coverage, and area, and having its principal frontage upon an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record; or
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(a) Lot Area: The total horizontal area within the lot lines of a lot, exclusive of any portion of the right-of-way of any public or private street.
(b) Lot, Corner: A lot, or portion thereof, not greater than 100 feet in width and situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees. A lot abutting upon a curbed street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
(c) 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.
(d) Lot Depth: The horizontal distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Unless otherwise specified, length shall be measured from the street line. Lot length and lot depth have the same meaning.
(e) Lot Frontage: The horizontal length of the property line of any one parcel along a public right-of-way on which it borders. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section.
(f) Lot, Interior: A lot other than a corner lot with only one frontage on a street.
(g) Lot of Record: Any lot which individually or as part of a subdivision has been recorded in the Office of the Wood County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
(h) Lot Lines: The lines bounding a lot as described and defined herein.
(i) Lot, Minimum Area of: See "Lot Area."
(j) Lot, Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front lot line of the lot to its rear.
(k) Lot, Through: An interior lot having frontage on two or more streets.
(l) Lot Width: The width of a lot at the building set-back line measured at right angles to its depth. The width of lots fronting on a cul-de-sac shall be the chord distance between side lot lines for the curve coinciding with the required depth of the front yard.
Lounge: A commercial establishment whose primary business is the sale for on-premise consumption of beverages and prepared food. Primary sales are of beverages. The establishment may also offer entertainment.
Low Profile Sign: A sign mounted directly to the ground with the maximum height not to exceed five feet measured from the ground surface and not to exceed seven feet measured from the center line of the road.
Maintenance (of a Sign): See "Sign Maintenance."
Maintenance and Storage Facilities: Land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
Major Street: A dedicated street within the Village of Walbridge which has been classified as a dual highway, dominant major street, a major street, a secondary major street, or a main street on the Official Village Major Street Plan.
Major Street Plan: The Village of Walbridge Major Street Plan which designates roadways as expressways, principal arterial, minor streets, major collectors or local collectors.
Mansard Roof: A sloping roof where the angle of the roof is no more than 30 degrees from perpendicular. Signs on these roofs shall be considered fascia signs.
Manufactured Home: A factory-built, single-family structure that is transportable in one or more sections, is built on a permanent chassis and is used as a place of occupancy which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site and which does not have wheels or axles permanently attached to its body or frame. It is a building unit or assembly of closed construction that is fabricated in an off-site facility, designed for assembly at the building site, and bearing certification that it is built in conformance with the federal manufactured housing construction and safety standards established by the Secretary of the U.S. Department of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Act of 1974." See also "Industrialized Unit" and "Permanently-Sited Manufactured Home."
Manufactured Home Park: Any lot, parcel or tract of land designed exclusively for the occupancy by manufactured homes or mobile homes, used for human habitation, either free of charge or for revenue purposes, which includes any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such Manufactured Home Park.
Manufacturing: Any production or industrial process, including food processing, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process.
(a) Manufacturing, General: Any manufacturing, industrial production or storage, which by the nature of the materials, equipment and processes utilized, may require large parcels and effective separation from residential areas, is generally conducted within an enclosed building and if outside storage of material is required such storage is conducted within a well-maintained enclosure which shall have an opaqueness of 75 percent or more. General Manufacturing shall include the manufacturing of dairy, canned fruit and vegetable, bakery, soft drink and confectionery products; textile mill products and apparel; glass products; lumber wood products, furniture and fixtures; plastic products and fabrication; pharmaceuticals; perfumes and cosmetics; fabricated products from metal coils and
sheets, the rolling and finishing of ferrous and nonferrous metals; screw machine products and bolts, nuts and screws, and washers; tool and die; cutlery, hand tools and general hardware; electrical machinery, equipment and supplies; appliance production; radio and television sets; electronic components and accessories; and products of a similar nature.
(b) Manufacturing, Heavy: Any industrial use which requires buildings and open area for manufacturing, fabricating, processing, heavy repair, dismantling, testing, storage or disposal of raw materials, manufactured products or wastes, which is not injurious to health or safety of humans or animals. Typically, heavy manufacturing requires large sites for isolation and separation from residential and commercial development because of the potential spill over effect on surrounding areas, the use of buildings and open areas of the parcel for processing production, open storage and service areas, extensive services and facilities, and ready access to regional transportation. Normally, such uses generate some nuisances such as smoke, noise vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary. Heavy manufacturing shall include primary metal industrial operations involving the use of blast furnaces, the rolling and finishing of ferrous and nonferrous metals, iron and steel foundries, primary and secondary smelting and refining facilities, metal plate and sheet fabricating facilities for metal plates and sheets, metal salvage and fabrication, and any other operations which shall be deemed to be of a similar nature. Heavy manufacturing shall also include mineral extraction; motor vehicles and related products, manufactured housing; household appliances manufacturing; gas manufacture; refining; manufacturing and/or processing of animals, or animal parts for food, fertilizer or other purposes including the tanning and production of leather goods and furs; the manufacture of food and meat products; paper and allied products; chemicals and allied products, including plastic materials, synthetic rubber and man-made fibers, soaps and detergents, paints and agricultural chemicals, petroleum refining and related industries, including production of paving and roofing materials, tire products, glass products and any other products of a similar nature.
(c) Manufacturing, Light: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
(d) Manufacturing, Restricted: Any industrial use which is conducted entirely within enclosed, substantially constructed buildings; involving the use of only light machinery and equipment; does not use the open area about the buildings for the storage of materials or equipment other than for the unloading or loading operations at the rear or within an enclosure which abuts a building. Restricted manufacturing shall include the manufacture of drugs, jewelry, musical instruments, sporting goods; the processing and assembly of small glass products; small household appliances; small electronic products, scientific instruments, and parts for the production of finished equipment; office, computing and accounting machines; research and laboratory testing; printing, publishing and engraving plants; and other similar products and operations.
Marine Sales and Service: The sale and service of watercraft and marine equipment.
Marquee: A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (See also "Awning.")
Marquee Sign: Any sign attached to or supported by a marquee structure.
Massage Parlor: An establishment or place primarily in the business of providing massage services operated by anyone not a duly licensed medical doctor, osteopath, chiropractor, nurse or physical therapist treating patients recommended by a licensed physician under a duly licensed physician's direction, state licensed massage therapist or person practicing the art of massage on the face or hands in a duly licensed beauty parlor or barber shop.
(Ord. 11-07. Passed 7-18-07.)
Medical Marijuana: For the purpose of this section, “medical marijuana” shall have the same meaning as is defined in Section 3796.04(A)(2) of the Ohio Revised Code, effective September 8, 2016. (Ord. 19-18. Passed 12-5-18.)
Message: The wording or copy on a sign.
Metal Salvaging and Storage: The salvaging of metal in all forms for sale and storage.
Mineral processing: The processing of coal, limestone, clay and other mineral resources except sand and gravel provided no chemical change in the mineral is involved in the process.
Mobile Home: A transportable factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974 which became effective June 15, 1976. It is to be occupied as a building unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other foundations, and connection to essential public utilities. "Mobile Home" does not qualify as a "Manufactured Home" nor as an "Industrialized Unit" as defined in this zoning code.
Mobile Home Park: See "Manufactured Home Park"
Modular Home: A factory built building unit or assembly of closed construction, that is substantially self sufficient as a unit or as part of a greater structure designed for assembly at the building site. See "Industrialized Unit" and "Manufactured Home."
Mortuary: A building or part thereof used for human funeral services. Such building may contain space and facilities for:
(a) Embalming and the performance of other services used in preparation of the dead for burial;
(b) The performance of autopsies and other surgical procedures;
(c) The storage of caskets, funeral urns, and other related funeral supplies; and
(d) The storage of funeral vehicles but shall not include facilities for cremation.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
Motel: A group of attached or detached dwellings containing less than 300 square feet of floor area for each sleeping or living unit and which are provided for transient guests; including auto courts, motels and motor lodges. (Ord. 11-07. Passed 7-18-07.)
Motor Vehicle: A self-propelled, free moving vehicle as defined in the Ohio Revised Code Chapter 4501.01. (Ord. 19-18. Passed 12-5-18.)
Motor Vehicle Sales and Rentals: See "Automotive, Travel Trailer, and Farm Implement Sales and Rentals."
Motor Vehicle Salvage: See "Automotive Salvage."
Motor Vehicle Salvage Yard: See "Automotive Wrecking/Salvage Yard."
Motor Vehicle Service Station: See "Automobile Service Station."
Motorized Home: A portable dwelling designed and constructed as an integral part of a self-propelled vehicle for travel, recreational or vacation use.
Multiple-Faced Sign: See "Sign, Multiple-Faced."
Nonconforming Sign: A sign which was constructed legally, but which does not comply with subsequently enacted sign restrictions and regulations. A sign which does not conform to the sign code requirements, but for which a special permit has been issued.
Nonconforming Use: The use of land or a building, or portion thereof, lawfully existing at the time this Ordinance, or amendments thereto, became effective, which does not conform with the use regulations of the district in which it is situated, and is therefore incompatible.
Nursery, Children's: See "Child Day Care."
Nursery, Plant Materials: Land, buildings, structures, or combination thereof, for the storage, cultivation and/or transplanting of live trees, shrubs, or plants offered for retail or wholesale sale on the premises including products used for gardening or landscaping.
Nursery School: A school designed to provide daytime care for instruction for two or more children, and operated on a regular basis.
Nursing Home: A residential care facility in which persons are housed or lodged and furnished with meals, and as its primary function provides for-hire nursing or convalescent care on a 24-hour basis, and physical and/or social rehabilitation services.
Occupancy: The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Off-Premise Sign: Any sign structure, advertising an establishment, merchandise, service, or entertainment, situated on private premises, or a structure used as an outdoor display for the purpose of making anything known on which the written or pictorial information is not directly related to the principal use of the land on which such sign is situated. See also "Billboard."
Off-Site Directional Sign: A sign which provides directional assistance to access an establishment conveniently and safely. Such signs shall be limited by the Zoning Administrator in size, height, and placement as justified.
Office Complex Day Care Facilities: See "Child Day Care."
On-Premise Sign: A sign which pertains to the use of the premises and/or property on which it is located.
Open Space: An area substantially open to the sky which may be on the same lot with a building. Along with the natural environmental features, the area may include any other recreational facilities that the Planning Commission deems permissible. Streets, parking areas, structures for habitation, and the like shall not be included.
Overlay District: An additional secondary zoning classification which establishes additional regulations on the use of land, buildings or structures.
Owner: A person recorded as such on official records. The owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Zoning Administrator, e.g. a sign leased from a sign company.
Painted Wall Sign: See "Sign, Painted Wall."
Park: An open space that is set aside for passive and/or active recreational purposes. The range of development of a park can extend from no development to highly developed. A park may include recreational facilities, a shelter house, rest rooms, and ball fields. Typically, a public parking area is included.
Parkland: Open space that is set aside for passive and/or active recreational purposes.
Parking Area, Private: An open area, other than a street or alley, used for the parking of the automobiles of occupants of a dwelling.
Parking Area, Public or Customer: An open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or semi-public use.
Parking Lot: Any off-street area or structure which meets one of the following conditions:
(a) Contains one or more parking, vehicular storage, loading or stacking spaces for commercial, institutional, recreational or industrial use, whether free or for compensation; or
(b) Contains five or more parking spaces for any residential use.
Parking Space, Automobile: A rectangular, or other angular area, within a building or a private or public parking area, designed for the temporary parking of one automobile, accessible from a street, alley or maneuvering area, and exclusive of any driveway or other circulation area. For single-family and two-family dwellings, one required parking space may be positioned behind another.
Parking Space, Off-Street: For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string usually in series designed to move in the wind.
Performance Bond or Surety Bond: An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
Permanent Foundation: Permanent masonry, concrete, or a locally-approved footing or foundation, to which a building or building unit may be affixed.
Permanently-Sited Manufactured Home: A "Manufactured Home" that meets all the following criteria:
(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities (i.e., water supply, sanitary waste disposal, electrical and heating facilities, etc.);
(b) The structure, excluding any addition, has a width of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments, of at least 900 square feet;
(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch minimum eave overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995 and;
(e) The structure is not located in a Manufactured Home Park as defined in this Zoning Code.
Person: Any individual, corporation, association, firm, partnership, or similarly defined interest.
Personal Services: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.
Pickup Camper: A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.
Place: A private thoroughfare other than a street or alley permanently reserved as a lot on a recorded plat as the principal means of access to abutting property approved under applicable Subdivision Regulations by the Village of Walbridge in accordance with Ohio R.C. Chapter 711 and 713.
Planned Unit Development: An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
Plat: A map or drawing of a tract or parcel of land.
Playground: A park or a portion of a park that typically includes recreational equipment that is youth-oriented in nature, e.g. swings, slides, and play structures.
Point-of-Purchase Display: Advertising of a retail item accompanying its display, e.g. an advertisement on a product dispenser, tire display, etc.
Pole Sign: Any sign supported by upright structures or supports that are anchored in the ground and that are independent from any building or other structure. (See also "Sign, Freestanding.")
Political Sign: A temporary sign used in connection with a local, state, or national election or referendum.
Pond: A body of water, of which none of the excavated material has been removed from the site for commercial purposes, and which is used for the following purposes: to provide water for livestock, fish and wildlife, recreation, fire control, irrigation, or crop and orchard spraying.
Porch: An entrance one story high to a building, projecting out from a main wall, partially or fully enclosed but not heated.
Portable Sign: Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; inflated devices such as balloons and other gas-filled figures; umbrellas used for advertising; and signs attached to or painted on vehicles. Such vehicles are to be located in a designated off-street parking space that is in compliance with Chapter 1183 of this Ordinance, unless said vehicle is used in the normal day-to-day operations of the business.
Premises: A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Private Garage: See "Garage, Private."
Professional Activities/Services: The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, ministers, authors, artists or musicians.
Projecting Sign: A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
Property Lines, Interior: See "Interior Property Lines."
Public Garage: "See Garage, Public."
Public Right-of-Way Width: The particular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the Village Engineer.
Public Service Facility: The erection, construction, alteration, operation or maintenance of a utility or service building, power plant or substation, water treatment plant, sewage disposal or pumping facility, transmission, distribution, or collection systems, or similar public service structures by a public utility, by a railroad, whether publicly or privately-owned, or by a municipal or other government agency and providers of other uses which meet the definition of public utility under Ohio R.C. 4905.03, including the furnishing and maintenance of electrical, gas, rail transport, communication, public water, and sewerage services.
Public Service Information Sign: Any sign intended primarily to promote items of general interest to the community such as time, temperature, atmospheric conditions, news, traffic control and date. Public service information signs permitted in commercial and industrial districts are not included in the total square footage of sign area allowed, and require a Zoning Permit.
Public Uses: Uses which provide or maintain public services including public parks, schools, administrative offices, e.g. village halls and town halls, cultural and service buildings and structures, e.g. fire stations and police stations, and not including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
Quasi-Public Uses: Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an education, religious, philanthropic, or non-profit nature.
Real Estate Sign: A temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.
Receiver: Shall mean a television set or radio receiver.
Recreational Facilities: Public or private facilities, used for social, leisure and recreational activities, that may be classified as either "extensive" or "intensive," depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
(a) Commercial Recreational Facilities: Recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, swimming pools, ice skating rinks, riding stables, campgrounds, race tracks, carnivals and similar commercial enterprises.
(b) Non-Commercial Recreational Facilities: Private and semi-public recreational facilities which are not operated for commercial gain including private country clubs, riding clubs, golf courses, game preserves, campgrounds, hunting and trapping, and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools. Noncommercial recreational facilities may be leased to outside groups and organizations provided the fee for such purposes is limited to incidental maintenance and custodial expenses.
(c) Restricted Commercial Recreational Facilities: Concessions for the sale of food, non-alcoholic beverages and boating and fishing supplies and accessories.
Recreational and Utility Equipment: Travel Trailers, Pickup Campers, Motorized Homes, Folding Campers, Boats, Boat Trailers, Utility Trailers, Snowmobiles and All-Terrain Vehicles.
Recreational Vehicle: Any vehicular portable structure designed and constructed to be used as a temporary dwelling, or, for travel, recreational or vacation purposes. These include, but are not limited to, motor homes, travel trailers, tent campers and truck campers, vehicles used for off-road recreation, competition or show events (i.e., all-terrain vehicles, dirt bikes, racing vehicles or other vehicles used in competition or show events and that are not licensed for operating on, or to be driven on a public road). See also "Recreational and Utility Equipment."
Research Activities: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said building.
Residential Floor Area: The interior floor area of a dwelling including stairways, halls, and closets but not including basement, porches, garages, breezeways or carports.
Residential Sign: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the Zoning Ordinance.
Restaurant: A commercial establishment whose primary business is the sale for on-premise consumption of prepared food and beverages. Primary sales are of prepared food.
(Ord. 11-07. Passed 7-18-07.)
Retail Sales, Outdoor: The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards. (Ord. 19-18. Passed 12-5-18.)
Retail Store: A store serving a limited local area or neighborhood selling commodities, not processed on the premises, direct to the public.
Right-of-Way: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the 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. (See also "Public Right-of-Way Width.")
Right-of-Way Line: A dividing line between a lot, tract or parcel of land and a contiguous right-of-way. All setback distances on the Zoning Map shall be measured from the right-of-way line.
Road Side Stands or Structures: A building or structure used for the sale of agricultural produce that is grown on the property. See also "Farm Market."
(Ord. 11-07. Passed 7-18-07.)
Roadway: Public or private way owned or dedicated for purpose of vehicular transportation. (Ord. 19-18. Passed 12-5-18.)
Roofline: The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Roof Sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
Roof Sign, Integral: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Rooming House: See "Boarding House."
Row House: See "Dwelling, Row." (Ord. 11-07. Passed 7-18-07.)
Sand and Gravel Extraction: The excavation, storage separation, cleaning and marketing of sand and gravel.
Satellite, Signal Receiver: Includes “dish-type satellite signal receiving antennas”, “earth station” or “ground stations”, whether functioning as part of a basic service system direct broadcast satellite system, or multi-point distribution service system including one, or a combination of the following:
(a) A signal-receiving device, such as a dish antenna, whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources.
(b) A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals.
All dishes smaller than twenty-four (24) inches in diameter do not require a permit.
School: A facility that provides a curriculum of elementary and/or secondary academic instruction, including pre-schools, kindergartens, elementary schools, middle schools, junior high schools, and high schools, excluding home school programs and on-line schools.
Screening: A device or material used to conceal one element of a development from other elements or from adjacent or contiguous development. Screening may include one or a combination of the following materials of sufficient mass to become opaque after twelve (12) months and which shall be maintained in an opaque condition: walls, berms, or plantings. For the purpose of this Ordinance, screening shall consist of objects:
(a) Kept in good condition
(b) Free of advertisements, and
(c) Which comply with required front yard set-back lines.
(Ord. 19-18. Passed 12-5-18.)
Seasonal Sign or Holiday Sign: Any sign such as a Christmas decoration or those used for a historic or traditional holiday and installed for a limited period of time.
Seat: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews or space for loose chairs.
(Ord. 11-07. Passed 7-11-07.)
Seating: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs.
Seasonal Residence: Summer cottages, winter lodges and similar housing occupied less than six (6) months during the year. (Ord. 19-18. Passed 12-5-18.)
Self-Service Storage Facility: Any real property designed and used for the purpose of renting or leasing of storage spaces for storage of personal property.
Semi-Public Uses: Services and facilities which are provided to the public that are privately-owned and controlled. These include, but are not limited to, churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature, and telecommunication facilities.
Service Station: See "Automobile Service Station."
Setback: The minimum distance from the street building line measured along a line perpendicular to the street line or front property line, or in the case of an arced street, measured along the radius of such arc. For lots abutting on a thoroughfare as shown on the Major Thoroughfare Plan for the Village, the setback shall be measured from the proposed right-of-way line specified for that thoroughfare on the Major Thoroughfare Plan for the Village.
Setback Line: A line established by zoning, platting or other legal means on a lot, that is a specified distance from and parallel to the lot line defining the limits of a yard in which no building or structure may be located above ground to restrict the encroachment of buildings on the lot line, except as may be provided in this Ordinance. See "Yard."
Sewage Disposal System, On-Site: A septic tank installation on an individual lot which utilizes an anaerobic bacteriological process for the elimination of solid wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
School, Elementary and High: An institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the Ohio School Code. High schools include junior and senior.
Shopping Center: A group of retail businesses and services on a single site with common parking facilities and containing a building or buildings with a floor area of 20,000 square feet or greater.
Sidewalk: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
Sign: Any visual communication display, object, device, fixture, placard, flag, banner, graphic or similar structure situated indoors or outdoors on a parcel or lot, or attached to, painted on, projected on, or displayed from a building or structure in order to direct or attract attention to or to announce, identify, communicate information about, or promote an object, person, service, product, event, activity, location, organization, business or the like or to communicate information of any kind to the public by means of letters, words, designs, colors, symbols, images, forms, pictorial representation, animations or illuminations. Architectural design features such as building accent lighting are not considered signs.
Sign, Area of: The area of the largest single face of the sign where the copy is placed, within a rectangle which forms the outside shape including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. Embellishments and other architectural features are not included in the square footage of the sign area calculation, and are not to exceed 25 percent of the single face area.
(a) The area of a freestanding or projecting sign shall have only one side of any double or multiple-faced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets: A rectangle shall be drawn around and enclosing the perimeter of each cabinet or module. The area shall then be summed and totaled to determine total area. The rectangular measurable area shall include embellishments such as pole covers, framing, decorative roofing and support structures.
(b) The area of a wall sign shall be computed within a single rectangle composed of any geometric figure which encloses the extreme limits of the advertising message.
Sign Face: The entire area of a sign on which copy could be placed.
Sign, Freestanding: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
Sign, Government: Any temporary or permanent sign erected and maintained by the Village, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.
Sign, Ground: A sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour line from grade to top. Height and setbacks are to be the same as for freestanding signs.
Sign Height: See "Height (of a Sign)."
Sign, Illegal: See "Illegal Sign."
Sign, Illuminated: See "Illuminated Sign."
Sign, Incidental: See "Incidental Sign."
Sign, Low Profile: See "Low Profile Sign."
Sign Maintenance: The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Sign, Multiple-Faced: A sign containing three or more faces, not necessarily in back-to-back configuration.
Sign, Nonconforming: See "Nonconforming Sign."
Sign, Painted Wall: Any sign which is applied with paint or similar substances on the surface of a wall.
Sign, Pole: See "Pole Sign."
Sign, Political: See "Political Sign."
Sign, Projecting: See "Projecting Sign."
Sign, Real Estate: See "Real Estate Sign."
Sign, Roof: See "Roof Sign."
Sign, Roof, Integral: See "Roof Sign, Integral."
Sign, Seasonal: See "Seasonal Sign."
Sign Structure: Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
Sign, Temporary: See "Temporary Sign."
Sign, Wall: See "Wall Sign."
Sign, Window: See "Window Sign."
Site Plan: A scaled drawing of a proposed project showing, among others, the location of property lines, building locations, drives, walkways, parking areas, fencing and screening, setbacks, and signs as required by this Ordinance.
Sludge: A solid or near solid by-product of sewage treatment or industrial waste treatment.
(Ord. 11-07. Passed 7-18-07.)
Snowmobile: A self-propelled vehicle utilizing sleds, runners or caterpillar treads.
Social Activities: Use of any building and land used for private or semi-private club activities, including lodges, fraternities, and similar activities.
Solar Energy Conversion Systems: Systems that convert solar energy into electric power for on-site use using either roof mounted panels that are parallel to the roofline or stand-alone systems to be treated as accessory uses.
(Ord. 19-18. Passed 12-5-18.)
Solicitor: Village Legal Advisor.
Solid Waste: Refuse materials that are normally disposed of in a sanitary landfill or a lawn and garden rubbish disposal site. Solid waste includes any unwanted residual solid or semi-solid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining or demolition operations or other waste materials of the type that would normally be included in demolition debris, non-toxic fly-ash, spent non-toxic foundry sand, slag, and other substances that are not harmful or inimical to public health and includes, but is not limited to, garbage, tires, combustible and non-combustible materials, street dirt and debris. Solid waste does not include any material that is an infectious waste or hazardous waste. (Ord. 11-07. Passed 7-18-07.)
Special Use District: A zoning district created to meet the needs of an area exemplifying unique land use features not found in other established district or an area experiencing unusual problems, or a district designed to meet special needs.
(Ord. 19-18. Passed 12-5-18.)
Storage Garage: See "Garage, Storage."
(Ord. 11-07. Passed 7-18-07.)
Story: That part of a building between the surface of a floor and the ceiling immediately above. (See basement) (Ord. 19-18. Passed 12-5-18.)
Story, Half: A basement, the floor of which is more than three feet six inches, but not more than four feet, below grade and the ceiling of which is more than four feet, but not more than four and one-half feet above grade, or, a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite walls are not more than two feet above the floor of such story, except that any such partial story under a gable, hip or gambrel roof used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
Story, Height of: The vertical distance from the top surface of the ceiling joists.
Street: A dedicated public thoroughfare, the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic access to abutting properties. For the purpose of this Ordinance, the word "street" shall include the words "road," "thoroughfare" and "highway."
(a) 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.
(b) Dead-End Street: A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(c) Local Street: A street primarily designed for providing access to residential or other abutting property.
Street line: See "Right-of-Way Line."
Street Width: The horizontal distance between the side lines of a street, measured at right angles to the side lines. (Ord. 11-07. Passed 7-18-07.)
Strip Commercial Development: Commercial or retail uses which front on a major street.
(Ord. 19-18. Passed 12-5-18.)
Structural Alterations: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.
Structural Wall: See "Wall, Structural."
(Ord. 11-07. Passed 7-18-07.)
Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground, including, but not limited to building, mobile homes, walls, portable vehicle structures, fences and billboards.
Subdivision: The division of a lot, tract, or parcel of land into two or more lots, tracts or parcels or other divisions of land transfer of ownership, development or lease.
Sub-divider: The owner of land, whether a person, firm, corporation or legal entity, affecting the subdivision of land.
(Ord. 19-18. Passed 12-5-18.)
Substantially to Alter: Shall mean any exterior alteration or any structural alteration amounting to a minimum dollar amount established through ordinance by Council.
(Ord. 11-07. Passed 7-18-07.)
Surveyor: An individual whose job it is to measure and examine real estate as further defined by Ohio Revised Code 477.33.
Swimming Pool: A water filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches, as defined in Section 1193.09 herein.
(a) PRIVATE: Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
(b) COMMUNITY: Open to the general public; a primary use.
(c) PORTABLE POOLS: Pools that are temporary and seasonal in nature intended for the use and enjoyment of the occupants of the premises.
(Ord. 19-18. Passed 12-5-18.)
Telecommunication Tower: Any structure with radio frequency transmission or reception equipment attached that is free standing or is to be connected to a building or other structure. A telecommunication tower shall meet all of the following conditions:
(a) It is constructed on or after October 31, 1996;
(b) Is owned or principally used by a public utility engaged in the provision of telecommunication service;
(c) Is a freestanding structure or is attached to another building or structure and is higher than the maximum allowable height permitted in the zoning district in which it is located.
Temporary Sign: Any portable sign, flag, pennant, garage sale sign, or public election and candidate sign that is used temporarily and is not permanently mounted. Includes devices such as banners, pennants, flags (not intended to include flags of any nation), searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas-filled figures.
(Ord. 11-07. Passed 7-18-07.)
Terrace (Stoop): An unroofed paved area immediately adjacent to a house and overlooking a lawn or garden, supported on one or more sides by a wall.
(Ord. 19-18. Passed 12-5-18.)
Theater, Outdoor: An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or in outdoor seats.
This Ordinance: Whenever the term "this Ordinance" is used, it shall be deemed to include where the text permits any and all amendments thereto as the same may be hereafter from time to time adopted. (Ord. 11-07. Passed 7-18-07.)
Thoroughfare, Street or Road: The full width between property lines bounding every public way of whatever nature or within the boundary of the roadway easement, with a part thereof to be used for vehicular traffic and designed as follows:
(a) ALLEY: A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
(b) ARTERIAL STREET: A general term denoting a highway, as determined by the Planning Commission, primarily for through traffic, carrying heavy loads, and a large volume of traffic, usually a continuous route.
(c) COLLECTOR STREET: A thoroughfare, whether within a residential, industrial, commercial, or other type or development which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes of residential subdivisions.
(d) LOCAL STREET: A street primarily for providing access for residential or other abutting property.
(e) 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 and eighty (180) degree system of turns are not more than one thousand (1,000) feet from the said arterial or collector street, nor normally more than six hundred (600) feet from each other.
(f) MARGINAL ACCESS STREET: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection arterial or collector streets, (Also called Frontage Street).
Through Lot: (See Lot Types).
(Ord. 19-18. Passed 12-5-18.)
Tourist Cabins: A group of buildings, including either separate cabins or a row of cabins which contain living and sleeping accommodations for transient occupancy, and which have individual entrances.
Tourist Home: A building other than a hotel or motel where temporary lodging is provided and offered to the public for compensation for not more than 10 individuals and open to transient guests. (Ord. 11-07. Passed 7-18-07.)
Tracing: A translucent drawing on linen, mylar cronaflex or equal, from which a print can be taken directly. (Ord. 19-18. Passed 12-5-18.)
Trailer Park: A facility offering grounds or accommodations or both for house trailers or house cars, whether occupied as dwellings or stored temporarily or permanently.
Travel Trailer: A vehicular, portable structure, not over 32 feet long or eight feet wide, designed to be used as a temporary dwelling for travel, recreational and vacation use.
Tree House: An accessory building that is constructed within a tree or a group of trees and which may or may not be supported by one or more posts. Tree houses also include buildings constructed on a post or posts adjacent to a tree. Tree houses may not be used for storage.
(Ord. 11-07. Passed 7-18-07.)
Trunk Camper: A non-self-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. Trunk camper does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
(Ord. 19-18. Passed 12-5-18.)
Truck Gardening: Farming for the purpose of producing vegetables for market.
(Ord. 11-07. Passed 7-18-07.)
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.
Vacant Land:
(1) Land that is undeveloped and unused;
(2) Any non-residential areas with significant amounts of land not covered by non-structural impervious surfaces;
(3) Land suitable for redevelopment or infill at higher densities; and
(4) Residential areas with lot sizes in excess of two acres where environmental factor permit higher densities.
(Ord. 19-18. Passed 12-5-18.)
Variance, Area: See "Variance, Non-Use."
(Ord. 11-07. Passed 7-18-07.)
Variance: A modification of the strict terms of the relevant regulations where 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.
(Ord. 19-18. Passed 12-5-18.)
Variance, Non-Use: A variance that allows an owner, who is engaging in a permitted use, to build improvements that would otherwise violate the Zoning Ordinance. Examples of non-use or area variances include, but are not limited to, reduction of yard requirements; the placement of structures in a location on a lot otherwise prohibited by the ordinance; a permitted use or activity in a location on a lot otherwise prohibited by the Ordinance; or a waiver or reduction of supplemental regulations otherwise required for a permitted use or accessory use.
Variance, Use: A variance which allows a land owner to engage in a use that would otherwise violate the Zoning Ordinance. Examples of use variances include but are not limited to: industrial use in a commercial zone; commercial use in a residential district; a multi-family dwelling in an area zoned for a single-family dwelling; or the extension of a nonconforming use.
(Ord. 11-07. Passed 7-18-07.)
Vehicle, Commercial: A vehicle having a gross weight greater than one ton and designed for transportation of commodities, merchandise, produce, freight, animal or passengers.
Vehicle, Recreational: A vehicle designed to be used primarily for recreational purposes, including self-propelled motor homes, truck campers, travel trailers, tent trailers, jet-skis, wave runners, boats, ATV’s and snowmobiles.
Veterinary Animal Hospital or Clinic: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirmed, or injured animals, and those who are in need of medical or surgical attention and may also include boarding that is incidental to the primary activity.
Vicinity Map: A drawing on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question. (Ord. 19-18. Passed 12-5-18.)
Village Council: The Village Council for the Village of Walbridge, Wood County, Ohio.
(Ord. 11-07. Passed 7-18-07.)
Walkway: A public way, four (4) feet or more in width, for pedestrian use only, which may or may not be immediately adjacent to a roadway.
(Ord. 19-18. Passed 12-5-18.)
Wall, Boundary (Exterior): A solid structure used as a barrier or to demarcate a boundary. Boundary walls shall meet the same zoning requirements as fences.
Wall, Building: All window and wall area of a building in one plane or elevation.
Wall, Structural: A load-bearing wall.
Wall Sign: A sign attached parallel to or placed against a wall of a building with the face parallel to the building wall and extending not more than one foot therefrom, and which displays only one sign surface, and which advertises the use carried on within such building.
Warehouse: A building or structure used for the storage of goods, materials or equipment.
Warehousing Activities: The receiving, storage, sale and distribution of manufacturing products and equipment, such storage to be within wholly enclosed structures or buildings.
Waste: See "Hazardous Waste," "Sludge," "Solid Waste."
Waste Disposal: Disposition of garbage, combustible and noncombustible waste material.
Way: A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles. Also, see "Right-of-Way."
Window Sign: Any sign, picture, symbol or combination thereof designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the interior window panes or glass and is visible from the exterior of the window.
Yard: A required open space, other than a court, on the same lot with a building or structure or group of buildings and structures. The open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from three feet above the general ground level of the graded lot upward. Accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(a) Yard, Front: A yard extending across the full width of the lot between side lot lines, the depth of which is the minimum horizontal distance between the front lot line and the front of the principal building or any projections thereof other than the projections or permitted uncovered steps, uncovered balconies, platforms or decks, which are open to the sky. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
(b) Yard, Rear: A yard extending across the full width of the lot between side lot lines and from the rear lot line to the rear of the nearest principal building or any projections thereof, other than the projections of uncovered steps, balconies, platforms or decks which are open to the sky. The depth of the required rear yard shall be measured horizontally from the nearest part of the principal building to the nearest point of the rear lot line. 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 principal building and the side lot line extending from the required front yard, or front lot line, where no front yard is required, to the required rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of the principal building or any projection thereof.
Zero-Lot Line Development: See "Condominium."
Zoning Administrator (Zoning Inspector): The agent, appointed by the Mayor and Council, who is responsible for the administration and enforcement of this Ordinance and required inspections for zoning compliance.
Zoning Certificate: See "Zoning Permit."
Zoning Code: The Ordinance, codified herein as the Planning and Zoning Code, and including, where the text permits, any amendment thereto.
Zoning District Map: The Zoning District Map or maps delineating zoning districts of the Village of Walbridge, Wood County, Ohio, together with all amendments subsequently adopted.
Zoning Ordinance: The officially adopted Zoning regulations as contained in the Codified Ordinances of the Village.
Zoning Permit: A document issued by the Zoning Administrator authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 11-07. Passed 7-18-07.)
1139.01 ZONING ADMINISTRATOR.
(a) Office of Zoning Administrator.
(1) The Office of Zoning Administrator is hereby created for the purpose of enforcement of the Zoning Code. It shall be the duty of the Village Zoning Administrator, who shall be appointed by the Mayor, subject to confirmation by Village Council, to enforce this Ordinance. The Zoning Administrator shall report to the Mayor.
(2) It shall be the duty of the Zoning Administrator to enforce the Zoning Code, issue zoning permits and to maintain the zoning permit record and maps.
(3) The Zoning Administrator will have the primary duty of enforcing the Zoning Code. It shall also be the duty of all officials and employees of the Village, especially members of the Police and Fire Departments, to assist the Zoning Administrator by reporting to said Administrator upon new construction, reconstruction, or land uses or upon apparent violations. The Zoning Administrator shall be responsible for zoning administration. This shall include. (Ord. 11-07. Passed 7-18-07.)
(4) The Commission shall adopt rules as necessary for the execution of its responsibilities in keeping with the provisions of the Ordinance. Commission meeting shall be held at the call of the chairperson and at such other times as the Commission may determine. Since all meetings are open to the public, the Commission shall conform to all applicable provisions of Ohio’s Sunshine Law. The Commission shall keep minutes of its proceedings showing the vote of each member upon each motion, or if absent or failing to vote, indicating such facts, and shall keep record of its examination and other official action, all of which shall be public record and be immediately filed in the Village office. The presence of three (3) members shall constitute a quorum. The concurring vote of three (3) members of the Commission shall be necessary to reverse an order, requirement, decision or determination of the Zoning Administrator.
(Ord. 19-18. Passed 12-5-18.)
(b) Zoning Enforcement (Zoning Permit Requirements, Violations of Zoning Code).
(1) Administration of Zoning Permits (filing, review and issuance of zoning permits).
(2) Maintenance of records, including maps, for Zoning Permits, zoning violations and non-conformities.
(c) Appeals. Appeal from the decision of the Zoning Administrator may be made to the Zoning Board of Appeals, as provided in Chapter 1141.
(Ord. 11-07. Passed 7-18-07.)
(d) The Village Council and Mayor may adopt rules as necessary for the execution of its responsibilities in keeping with the appeal provisions of this Ordinance. Meetings shall be held at the call of the Mayor at such time as may be needed. The Mayor, or in his/her absence the President of Council, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Council shall keep minutes of its proceedings, showing the vote of each member upon each motion, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be a public record and filed in the office of the Clerk-Treasurer.
(c) Four (4) members of Council shall constitute a quorum. The Council shall act by Motion, with the concurring vote of a simple majority needed to approve or deny any application.
(Ord. 19-18. Passed 12-5-18.)
1139.02 ZONING PERMITS REQUIRED.
(a) No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without a permit therefore, issued by the Zoning Administrator that does not conform with the provisions of the Zoning Ordinance unless he receives a written order from the Zoning Board of Appeals deciding an appeal or permitting a conditional use or variance, as provided by the Zoning Ordinance. It shall be the duty of the Zoning Administrator to issue a permit, provided said Administrator is satisfied that the structure, building or premises, and the proposed use thereof conform with all the requirements of this Ordinance. No permit for excavation, construction or reconstruction shall be issued by the Zoning Administrator unless the plans, specifications and the intended use conform to the provisions of this Ordinance.
(1) The Zoning Administrator shall not issue a zoning permit to any applicant who/which currently has any outstanding zoning violation, unless the issuance of the permit would cure the outstanding violation.
(Ord. 14-08. Passed 8-6-08.)
(b) Building Permit: Before proceeding with the erection, relocation or alteration of any building or part thereof in the Village, a permit for such erection, relocation or alteration shall be first obtained from the Zoning Administrator or his or her deputy by the owner or his or her agent, which permit, in such form as may be prescribed by Council, shall, in substance, certify that such proposed erection, shall not proceed with the erection, relocation or alteration of any building unless such permit has first been obtained.
(c) Upon written request from the owner or tenant, the Zoning Administrator shall issue a Zoning Permit for any building or premises existing at the time of enactment of this Ordinance certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Ordinance.
(Ord. 11-07. Passed 7-18-07; Ord. 19-18. Passed 12-5-18.)
1139.03 CONDITIONS UNDER WHICH PERMITS ARE REQUIRED.
A Zoning Permit shall be required for any of the following:
(a) Construction or structural alteration of any building, including accessory buildings.
(b) Change in use of an existing building or accessory building to a use of a different classification.
(c) Occupancy and use of vacant land.
(d) Change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use.
(f) A Zoning Permit shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance or any amendments.
(Ord. 11-07. Passed 7-18-07; Ord. 19-18. Passed 12-5-18.)
1139.04 CONTENTS OF APPLICATION FOR AND ISSUANCE OF ZONING PERMITS.
(a) Written application shall be made for a zoning permit to the Zoning Administrator, for the construction of a new building, the alteration of an existing building, use of vacant land, change in the use of land or building, or for a change in a nonconforming use as herein provided. Information regarding the general procedure is contained in the Appendix. If the proposed use or construction is in conformity with the provisions of applicable Village Ordinances, the Zoning Administrator shall issue the zoning permit.
(b) Application Form: The applicant must use the application form approved by the Village. The following information must be included on the application form: name, address, and phone number of applicant; legal description of property; existing use; proposed use; and zoning district.
(1) Each permit application shall include plans and specifications of the building which the applicant intends to erect, relocate or alter. All dimensions shown on filed plans shall be based on an actual survey.
(2) Each permit application shall include a plot plan in triplicate, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Said plot plan shall contain a complete and accurate legal description of the subject property and a general location sketch showing nearby section lines and/or residential and major roadways. The legal description shall be given by metes and bounds or by lot number and subdivision name.
(3) Where complete and accurate information is not readily available from existing records, the Zoning Administrator may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.
(4) A registered survey and/or a stake out survey for all buildings and structures shall be supplied by the applicant before construction is started, if deemed necessary by the Zoning Administrator.
(5) No erection, removal or alteration of any building shall be made other than in conformity with such plans after approval by the Zoning Administrator.
(6) Such plans shall be sufficient to enable the Zoning Administrator to obtain full and complete information as to the extent and character of the work to be done.
(7) Every application for a Zoning Permit shall be accompanied by the permit fee hereafter provided for.
(c) The Plot Plan shall show:
(1) The scale of the drawing (Engineer's scale) and a north arrow pointing to the top of the drawing and placed on the right hand side of the drawing.
(2) The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
(3) The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties.
(4) The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size (including height) of any existing structure thereon.
(5) The location and size of the proposed structure and/or the proposed enlargement of the existing structure.
(6) Plans of the new construction showing material to be used.
(7) Number of off-street parking spaces or loading berths.
(8) Number of dwelling units.
(9) Any other information which in the judgment of the Zoning Administrator may be necessary to provide for the enforcement of this Ordinance.
(d) Each plan shall bear statements declaring:
(1) That no part of the land involved in the application has previously been used to provide required yard space or lot area for another structure.
(2) Which abutting land was formerly that of the owner of the land involved in the application, and, if any, the approximate date of title transfer.
(e) Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.
(f) A file of such applications and plans shall be kept in the office of the Zoning Administrator.
(g) Site plans, when required, shall accompany the application for a zoning permit and shall be subject to review and approval by the Zoning Administrator. The Zoning Administrator may seek review and recommendation from the Planning Commission. The Zoning Administrator shall not issue a zoning permit for any application requiring site plan review specifically required under Sections 1178.04 and 1185.03 of this Ordinance, prior to recommendation by the Planning Commission.
(h) Once satisfied that all relevant requirements set forth in this Code have been met, the Zoning Administrator shall issue to the zoning permit applicant a Zoning Permit. Petitions will be on forms provided by the Village.
(i) Where construction or physical improvement of the land is involved, work must begin within one year of the date of the issuance of the zoning permit and be substantially complete within two and one-half years of the issuance of the zoning permit. If this schedule is not followed, the permit shall expire and may be revoked.
(Ord. 11-07. Passed 7-18-07.)
1139.05 APPROVAL OF ZONING PERMIT.
Within thirty days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of the Zoning Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Administrator, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans, similarly marked, shall be retained by the Zoning Administrator. The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of the Zoning Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1139.06 SUBMISSION TO DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of Transportation or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Administrator shall give notice, by registered or certified mail to the Director of Transportation. The Zoning Administrator shall not issue a zoning permit for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Zoning Administrator that he shall proceed to acquire the land needed, then the Zoning Administrator shall refuse to issue the zoning permit. If the Director of Transportation notifies the Zoning Administrator that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Zoning Administrator shall, if the application is in conformance with all provisions of the Zoning Ordinance, issue the zoning permit.
(Ord. 11-07. Passed 7-18-07.)
1139.07 EXPIRATION OF ZONING PERMIT.
If the work described in any zoning permit has not begun within one year from the date of issuance thereof, the permit shall expire; it shall be revoked by the Zoning Administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one-half years of the date of issuance thereof, such permit shall expire and be revoked by the Zoning Administrator, and written notice thereof shall be given to the persons affected together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
(Ord. 11-07. Passed 7-18-07.)
1139.08 CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of the Zoning Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1139.09 TEMPORARY CERTIFICATE OF OCCUPANCY.
A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion. (Ord. 11-07. Passed 7-18-07.)
1139.10 RECORD OF CERTIFICATES OF OCCUPANCY.
The Zoning Administrator shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.
(Ord. 11-07. Passed 7-18-07.)
1139.11 FAILURE TO OBTAIN A ZONING PERMIT OR CERTIFICATE OF OCCUPANCY.
Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this Ordinance and punishable under Chapter 1143.
(Ord. 11-07. Passed 7-18-07.)
1139.12 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES.
Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, or arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of the Zoning Ordinance, and punishable as provided in Chapter 1143.
(Ord. 11-07. Passed 7-18-07.)
1139.13 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of the Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by the Zoning Ordinance.
(Ord. 11-07. Passed 7-18-07.)
1139.14 VIOLATIONS AND COMPLIANCE.
(a) If any building or structure is erected, constructed, reconstructed, relocated, altered, repaired, converted or maintained in violation of this Zoning Code, or if any building, structure or land is used, in violation of this Zoning Code, the Village, in addition to any other remedies provided for herein, may institute an action or proceeding to correct such construction, reconstruction, relocation, alteration, repair, conversion, maintenance or use, to correct or abate such violation or to prevent the occupancy of such building, structure or land.
(b) If the Zoning Administrator considers that the work under such permit is not proceeding according to the plans and specifications upon which the permit was issued, but is proceeding in violation of any of the provisions of this Zoning Code, the Zoning Administrator shall notify the owner or his or her agent, in writing, that the work is being constructed in violation of the permit and this Zoning Code and that the same shall be immediately rectified to conform to such permit and this Zoning Code. If the owner neglects to comply with such notice or to make such correction within ten days, the Zoning Administrator shall revoke such permit, and notice thereof shall be immediately served upon the owner, agent, superintendent or contractor in charge of the work and posted on the premises referred to in such permit. Such notice shall be in writing and shall be signed by the Zoning Administrator. After such revocation, no contractor or worker shall perform any work in or about such building or premises.
(Ord. 11-07. Passed 7-18-07.)
1139.15 SCHEDULE OF FEES, CHARGES, AND EXPENSES.
(a) A fee, in accordance with the Village Zoning Permit Fee Schedule, as set forth by ordinance of Village Council, shall accompany each application for a Zoning Permit.
(b) The Zoning Administrator shall forthwith deposit all permit fees with the Village Clerk, who shall credit such fees to the credit of the Zoning and Building Fund of the Village and shall be used for administration of this Ordinance.
(c) Every Zoning Permit shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all Zoning Permits shall be kept on file in the Office of the Zoning Administrator or his agent. Copies shall be furnished upon request within two working days to any person having proprietary or tenancy interest in the building or land affected after due notice to the Zoning Administrator.
(d) Applications for variance permits heretofore provided for in this Ordinance shall also be submitted to the Zoning Administrator or his agent. Such applications shall be accompanied by the variance permit fee hereafter provided for, together with information required for a regular zoning permit and such additional information as the Zoning Administrator shall require.
(e) Applications for temporary permits shall be submitted to the Zoning Administrator or his agent together with the temporary permit fee and such information as the Zoning Administrator shall require.
(f) The granting of a permit under this Ordinance allows the construction or alteration of buildings or structures and the modification of use as applied for in the permit and according to the plans, plats and specifications submitted with the application. Construction, alteration of buildings or structures and modifications of use contrary to such plans, plats or specifications or contrary to Chapter 1151 of this Ordinance unless authorized by the Commission shall constitute violation of this Ordinance.
(g) The Village Council, shall by Ordinance, establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, certificates of occupancy, appeals, permits for conditional uses or variances, and other matters pertaining to the administration and enforcement of this Ordinance requiring investigations, inspections, legal advertising, postage, and other expenses. The schedule of fees shall be posted in the office of the Zoning Administrator, and may be altered or amended only by the Village Council. At the time that an application for change of zoning districts is filed with the Commission, as provided herein, if not contrary to the Ohio Revised Code enabling statutes for municipal zoning, a fee shall be deposited with the Village Clerk, in accordance with scheduled fees established by Council. A written receipt shall be issued to the person making such payment, and records thereof shall be kept in the manner as prescribed by law. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 11-07. Passed 7-18-07.)
1139.16 ZONING AMENDMENTS: GENERAL.
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Village Council may by Ordinance (after receipt of recommendations thereof from the Planning Commission, and subject to the procedures provided by law) amend, supplement, change or repeal the regulations, restrictions, district boundaries or classification of property, now or hereafter established by this Ordinance or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Village Council. This Zoning Code may also be amended as provided in Section 1139.17.
(Ord. 11-07. Passed 7-18-07.)
1139.17 INITIATION OF ZONING AMENDMENTS.
Council, on its own motion, or on a petition by an owner/applicant of property within the area proposed to be changed or affected by such amendment, or his/her agent, after reference to and report by the Planning Commission, and after public notice and hearing as provided in this section, may amend, supplement or change district boundaries or zoning regulations herein or subsequently established. This Zoning Code may also be amended as provided in Section 1139.16.
(Ord. 11-07. Passed 7-18-07.)
1139.18 PROCEDURE FOR CHANGE IN ZONING DISTRICTS.
(a) Applications for any change of district boundaries or classifications of property as shown on the Zoning District Map, shall be submitted to the Commission, at its public office, upon such forms, and shall be accompanied by such data and information, as may be prescribed for that purpose by the Commission, so as to assure the fullest practical presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all the facts and information presented with the applications. Applications for amendments initiated by the Commission shall be accompanied by its motion pertaining to such proposed amendment.
(b) Any person or persons desiring a change in the zoning classification of property shall file with the application for such change, a statement giving the names and addresses of the owners of all properties within and contiguous to and directly across the street from any part of the property the zoning classification of which is proposed to be changed.
(c) The application for amendment shall contain at least the following information:
(1) Name, address and phone number of applicant.
(2) Proposed amendment to the text or legal description.
(3) Present use.
(4) Present Zoning District.
(5) Proposed use.
(6) Proposed Zoning District.
(7) A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, existing and proposed zoning and such other items as the Zoning Administrator may require.
(8) A list of all property owners within, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and others that may have a substantial interest in the case.
(9) A statement on how the proposed amendment relates to the comprehensive plan.
(10) A fee as established by Council.
(Ord. 11-07. Passed 7-18-07.)
1139.19 REFERRAL TO PLANNING COMMISSION.
(a) No such amendment or change shall become effective unless the proposed amendment or change is first considered for its approval, disapproval or recommendation by the Planning Commission. Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, such resolution or application shall be transmitted to the Commission. The Commission shall be allowed a reasonable time, to be not less than 30 days after referral or submittal, for consideration and report.
(b) The Planning Commission shall prepare and recommend to the Council legislation on amendments to the Zoning Code.
(c) Upon the direction of Council and the adoption of the resolution to amend, supplement, or change existing boundaries or zoning regulations, the Clerk of Council shall certify the resolution to the Planning Commission for report and recommendation within 30 days after such certification.
(d) Failure of the Commission to report within 60 days after receipt of such resolution shall be construed as no action of the proposed amendment, supplement or change. Council may proceed to take final action on the proposed change or amendment submitted.
(Ord. 11-07. Passed 7-18-07.)
1139.20 SUBMISSION TO THE DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION.
Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, Council shall not approve the amendment for 120 days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that he shall proceed to acquire the land needed, then the Village shall refuse to approve the rezoning. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest, or upon the expiration of the 120 day period, or any extension thereof agreed upon by the Director of Transportation and the property owner, Council shall proceed as required by law.
(Ord. 11-07. Passed 7-18-07.)
1139.21 PUBLIC HEARING AND NOTICE BY PLANNING COMMISSION.
(a) A public hearing shall be held by the Planning Commission on all proposed amendments to or changes in the District Map or the text of the Zoning Regulations.
(b) Notice of the time and place of such hearing shall be published in the paper of general circulation in the Village at least 15 days in advance of such hearing. This notice shall set forth the time and place of the public hearing, the nature of the proposed amendment, and a statement that after the conclusion of such public hearing the matter will be referred to Council for further determination. During such 15 days, the text, or a copy of the text, of the proposed ordinance or measure amending, supplementing or changing the boundaries or regulations herein established, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance or measure, and the maps, plans and reports submitted by the Commission with reference thereto, shall be on file for public examination in the office of the Clerk of Council.
(c) If the proposed ordinance or measure is intended for rezoning or redistricting 10 or fewer parcels of land as listed on the tax duplicate, written notice of such hearing shall be mailed by the Planning Commission, by certified mail, at least 10 days before the date of such public hearing, to the owners of property within 150 feet of such parcels to the addresses of such owners appearing on the current tax list of the County Auditor or on the mailing list of the County Treasurer and to such other list or lists that may be specified by Council. The notice shall contain the same information as required of notices published in newspapers as specified in this chapter. The failure of delivery of such notice shall not invalidate any such ordinance or measure.
(Ord. 11-07. Passed 7-18-07.)
1139.22 ACTION OF PLANNING COMMISSION/RECOMMENDATION TO COUNCIL.
(a) Within fifteen days after the public hearing, the Planning Commission shall recommend to Council that the amendment be granted as requested, or it may recommend a modification of the zoning amendment requested or it may recommend that the amendment be not granted. The Planning Commission shall transmit its recommendation to Council.
(b) No ordinance or measure which differs or departs from the plan or report submitted by the Planning Commission shall be adopted unless passed or approved by the affirmative vote of four members of the Council.
(Ord. 11-07. Passed 7-18-07.)
1139.23 PUBLIC HEARING AND NOTICE BY COUNCIL.
(a) After receiving from the Commission the certification of said recommendations on the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon. Notice of the time and place of such hearing shall be published in the paper of general circulation in the Village at least 30 days in advance of such hearing. The notice shall state the place or places and times at which the proposed amendment to the Ordinance, including text and maps, may be examined and other notices as required by state statutes. Such hearing shall be not more than forty days from the receipt of the recommendation from the Planning Commission.
(b) If the proposed ordinance or measure is intended for rezoning or redistricting ten or fewer parcels of land as listed on the tax duplicate, written notice of such hearing shall be mailed by the Clerk of Council, by certified mail at least 10 days before the date of such public hearing, to the owners of property within 150 feet of such parcels to the addresses of such owners appearing on the current tax list of the County Auditor or on the mailing list of the County Treasurer. The failure of delivery of such notice shall not invalidate any such ordinance or measure; it being the intention of this section to provide, so far as may be possible, due notice to persons substantially interested in the proposed change that a proposed amendment is pending before the Village Council proposing to make a change in the Zoning Map or the regulations set forth in this Ordinance. The notice shall contain the time and place of the public hearing and the nature of the amendment.
(Ord. 11-07. Passed 7-18-07.)
1139.24 ACTION BY COUNCIL.
Within sixty (60) days after the public hearing Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event Council denies or modifies the recommendation of the Planning Commission, it must do so by not less than three-fourths of the full membership of Council. No such ordinance shall be passed unless it has been fully and distinctly read on three different days except that such ordinance may become emergency legislation if three-fourths of the members of Council vote to dispense with this rule. (Ord. 11-07. Passed 7-18-07; Ord. 19-18. Passed 12-5-18.)
1139.25 APPLICATION/TIME LIMITATION.
If a proposed amendment or supplement initiated by application for any change of zoning or a conditional use on a parcel of record is disapproved by the Village Council, another application for amendment or supplement affecting the property included in the disapproved application shall not be submitted within 12 months from the date of disapproval, except with a statement by the Planning Commission or a resolution by the Village Council, indicating that the changed or changing conditions affecting the land are sufficient to warrant reconsideration.
(Ord. 11-07. Passed 7-18-07.)
1139.26 EFFECTIVE DATE AND REFERENDUM.
(a) Such amendment adopted by Council shall become effective thirty days after the date of such adoption unless within thirty days after the passage of the ordinance there is presented to the Village Clerk a petition, signed by a number of qualified voters residing in the Village equal to not less than ten percent (10%) of the total vote cast in such area at the last preceding general election at which a Governor was elected, requesting Council to submit the Zoning Ordinance to the electors of the Village for approval or rejection at the next general election.
(b) No amendment for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the amendment. Upon certification by the Board of Elections that the amendment has been approved by the voters, it shall take immediate effect. (Ord. 11-07. Passed 7-18-07.)
1139.27 GRANTEES PRIOR TO ENACTMENT.
Nothing in this Zoning Code shall require any change in the plans, construction, size or designated use of a building or structure or part thereof for which a building permit has been granted or for which a complete application with necessary plans and specifications has been filed with the Zoning Administrator before the enactment or amendment of this Zoning Code and the construction of which building or structure, according to such permit or plans and specifications, has been started within 90 days of the enactment of this Zoning Code or amendment. If any of the requirements set forth in this section have not been fulfilled within the time stated, or if any building operations are discontinued for 90 days, any further construction shall be in conformity with the Zoning Code. (Ord. 11-07. Passed 7-18-07.)
1141.01 PURPOSE.
The purpose of the Zoning Board of Appeals, hereinafter designated as "The Board," shall be to hear and decide on appeals of a lawfully executed order by any administrative official and in the enforcement of this Ordinance. The Board shall consider and make a determination on requests for variances from the terms and conditions of this Ordinance and consider appeals for exception for the use of land, buildings or other structures as applicable under the requirements and conditions of this Ordinance. The Board is an administrative agency which shall at all times comply with Ohio R.C. Chapter 2506.
(Ord. 11-07. Passed 7-18-07.)
1141.02 ORGANIZATION AND PROCEDURE.
(a) Appointment. The Board shall be composed of three members, all of whom are residents of the Village. Members shall be appointed by the Mayor for a period of five years from the date of appointment or until their successors are appointed and qualified. The terms shall be so arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
(Ord. 11-07. Passed 7-18-07; Ord. 10-2022. Passed 8-17-22.)
(b) Organization and Rules.
(1) The Mayor shall establish the date, time and place for the first meeting each year. The Board shall organize annually and elect a chairman, vice chairman and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt, as may be necessary, rules and procedures, which shall be in accordance and consistent with the Ohio Revised Code, to carry into effect the provisions of the Zoning Ordinance and to exercise the powers and jurisdiction conferred upon it by the Zoning Ordinance.
(2) The chairman shall preside at all meetings of the Board. The chairman shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairman may appoint committees deemed necessary to carry out the business of the Board. The chairman may administer oaths and compel the attendance of witnesses. The chairman's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(3) The vice chairman shall serve in the absence of the chairman. The vice chairman shall have all the powers of the chairman during his absence, disability or disqualification.
(4) The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
(5) If a regular member of the Board is unable to serve because of absence in the Village, illness, or is disqualified to serve by reason of having an interest in property affected by a matter before the Board, or otherwise disqualified by reason of conflict of interest, an alternate member shall serve instead. Selection of an alternate member or members to serve in each particular instance where a regular member is unable to serve shall be determined by lot. If sufficient alternate members are unable to serve for any of the reasons that a regular member would be unable to serve, the Mayor may select and Council may confirm sufficient additional alternate members to serve in a particular instance.
(c) Meetings. The Chairman shall call a meeting of the Board at least once a year or as otherwise required by provisions of the Ohio Revised Code and at such times as its members may determine. There shall be a fixed place of meeting. All meetings shall be open to the public and the meeting time and place shall be posted in accordance with the provisions of the Ohio Revised Code.
(d) Voting.
(1) All actions of the Board shall be taken by resolution, the vote of each member being recorded. The majority of the Board shall constitute a quorum to do business and the concurring vote of three members shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Administrator.
(2) No member of the Board shall vote on any matter in which he is personally or financially interested.
(e) Minutes and Records. The secretary of 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 examinations and other official action, all of which shall be certified correct and filed in the Village Hall and shall be a public record.
(f) Witnesses and Oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board. The Board shall have the power to solicit expert testimony and advice on matters presented to the Board for consideration and/or appeal.
(g) Department Assistance. The Board may call on Village officials and employees for assistance in the performance of its duties, and it shall be the duty of same to render assistance to the Board as may reasonably be required. In addition, the Planning Commission may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
(h) The Board shall establish procedures for appeal to Council of any action by the Board. (Ord. 11-07. Passed 7-18-07.)
1141.03 GOVERNING GUIDELINES.
(a) The Board shall be governed by the provisions of all applicable State statutes, local laws, ordinances and rules set forth herein.
(b) The Board shall become familiar with all enacted ordinances and laws of the Village under which it may be expected to act as well as with applicable State enabling legislation.
(c) The Board shall uphold the Zoning Ordinance and Official Zoning Map as adopted and shall serve primarily as a judicial review in the performance of its duties.
(d) The Board shall become familiar with the community goals, desires and policies as expressed in an adopted Comprehensive Plan and the proposals set forth therein. All decisions shall be guided by such Plan and relief only granted which will insure that the goals and policies of the Plan will be preserved, substantial justice is done and the public interest is protected. Through the performance of its duties, the Board may not act as a legislative body; or through interpretation, the granting of variances or the setting of conditions, alter the basic intent of the Zoning Ordinance to be generally and equally applicable to all persons covered by a zoning district. (Ord. 11-07. Passed 7-18-07.)
1141.04 JURISDICTION AND POWERS.
The Board shall operate so as to carry into effect the powers and jurisdiction conferred upon it as follows:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or other administrative official of the Village in the enforcement of the Zoning Ordinance.
(b) To hear and decide upon application for variances under the terms provided in the Zoning Ordinance.
(c) To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of the Zoning Ordinance, including the following:
(1) Interpretation: Interpret provisions of this Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts, accompanying and made a part of this Ordinance where the street layout actually on the ground varies from the street layout as shown on such map.
(2) Replacement of nonconforming buildings: Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 50 percent of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(3) Modification of parking and loading space requirements: Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements; or permit:
A. The waiver of the requirement that automobile parking space be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building; or
B. The dual use of parking facilities (i.e. by stores during the day and theaters during the evening) provided there is no overlapping of use and the parking space requirements for each building or use are complied with during each period.
(4) Public parking areas location: Permit in the "R" Districts, public parking areas or storage garages adjacent to any existing or proposed use in the multiple dwelling, commercial or industrial districts with a length not to exceed 150 feet. Such parking areas shall not cross streets or alleys.
(5) Use impact determinations: Determine whether an industry should be permitted within an "M" Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(6) Substitution of nonconforming uses: The substitution of a nonconforming use existing at the time of enactment of this Ordinance for another nonconforming use, if no structural alterations except those required by law or ordinance are made; provided, however that in any "R" District, no change shall be authorized by the Board to any use which is not a permitted or conditional use in any "R" District, and in a "C" District no change shall be authorized to any use which is not a permitted or conditional use in any "C" District.
(7) Temporary structures and uses: Permit the temporary use of a structure or premises for purpose of Commercial or Industrial development activity and the use of manufactured homes/construction trailers, or industrialized units (modulars) as temporary sales offices, storage facilities etc., in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Ordinance for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a six month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare. The above shall be considered temporary buildings for purpose of this section and shall not be used as a residence, during such development nor for the purpose of construction or reconstruction of a single family dwelling on a lot. The Board may renew this permit once for the above time period respectively. Additional information regarding the granting of temporary permits is included in this chapter.
(8) Extension of off street parking area into residential district: Permit an off- street parking area, serving a commercial or industrial use, within any residence district, after the request has been referred to the Village Planning Commission for study, which study shall include consideration of the following criteria:
A. The use will not impair an adequate supply of light and air to adjacent property, or
B. Increase the congestion in public streets, or
C. Increase the danger of fire, or
D. Imperil the public safety, or
E. Diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the Village; and provided the following conditions are met:
F. The parking area adjoins a commercial or industrial district provided such area does not extend more than 150 feet from such commercial or industrial district. The parking area shall not be across a street from the commercial or industrial district, but may be across an alley, in which case the 150 feet shall be measured from the centerline of the alley.
G. Ingress and egress to such parking area shall be subject to approval by the Board.
H. No business involving the repair or service to a vehicle, or sale, or display thereof, shall be conducted from or upon such parking area.
I. No structure shall be erected or remain on any portion of the parking area.
J. No signs shall be erected on the parking area prior to review by the Planning Commission. No signs shall project beyond the property lines of the premises.
K. Parking areas shall be used for the parking of patrons' private passenger vehicles only and no charge shall be made for parking within such premises.
(d) To interpret the provisions of the Zoning Ordinance or Map where there is doubt as to meaning or application. The Board shall have the specific power to:
(1) Interpret the precise location of the boundary lines between zoning districts.
(2) Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district.
(e) To exercise such other powers as may be granted to the Board by the Zoning Ordinance, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended.
(f) The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for judicial review, interpretation, variance, or conditional use as defined in this chapter.
(Ord. 11-07. Passed 7-18-07.)
1141.05 PROCEDURE AND REQUIREMENTS FOR APPEAL AND VARIANCES.
Appeals and variances shall conform to the procedures and requirements of the Zoning Ordinance. (Ord. 11-07. Passed 7-18-07.)
1141.06 APPEALS.
Appeals to the Board concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved, including a tenant, or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Administrator. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Administrator, and with the Board, a notice of appeal specifying the particular grounds thereof upon which the applicant is seeking minimum relief from the provision of the Ordinance. All applications shall be in writing using forms provided by the Village, signed by the owner of the property involved or the owner's duly authorized agent or attorney and filed in the office of the Zoning Administrator. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(a) The following facts and information shall be included in the application as a condition for filing of an appeal.
(1) There shall be an action or order of an official (citation of zoning violation, zoning permit denied, zoning permit revoked).
(2) Code, regulation or action being appealed; referencing specific chapter(s) and section(s) of the Zoning Code. This shall be specific as to the use of the land or buildings or the location or height buildings or structures on the parcel (dimensions, setback, height).
(3) Facts and information showing the basis of the appeal:
A. Factors or characteristics unique to that parcel or applicant's use of the parcel.
B. Circumstances not caused by applicant or previous owner or occupant.
C. Detriment/harm to applicant in relation to the use of the property or inability to derive use or value of the property. The applicant must show with particularity the basis of the hardship or practical difficulty that the Ordinance is imposing upon the applicant.
D. Factors preventing strict compliance to Zoning Code requirement.
E. Remedy proposed:
1. Must be measurable in relation to zoning code (i.e., location of building, use of land, etc.);
2. Must show any adverse effects to contiguous parcels or property and any effects contrary to the public interest.
(b) Granting of Variances.
(1) Use variances are prohibited and shall not be granted by the Board.
(2) Non-use or area variances may be granted by the Board.
(c) Implementation of non-use or area variance: If the variance is not implemented within six months of its approval, the variance is null and void.
(Ord. 11-07. Passed 7-18-07.)
1141.07 FEES.
1141.08 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, with a notice to the Zoning Administrator from whom the appeal is taken.
(Ord. 11-07. Passed 7-18-07.)
1141.09 VARIANCES.
The Board may authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(Ord. 11-07. Passed 7-18-07.)
1141.10 APPLICATION AND STANDARDS FOR VARIANCES.
A variance from the terms of the Zoning Ordinance shall not be granted by the Board unless and until a written application for a variance is submitted to the Zoning Administrator and the Board containing:
(a) Name, address, and phone number of applicants.
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) A narrative statement demonstrating that the requested variance conforms to the following standards:
(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, structures, or buildings in the same district.
(2) That a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of the Zoning Ordinance.
(3) That special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance, to other lands, structures, or buildings in the same district.
(Ord. 11-07. Passed 7-18-07.)
1141.11 GUIDELINES FOR GRANTING VARIANCES.
(a) Variances may be granted by the Board where a strict application of any provision of the Zoning Ordinance would result in peculiar and exceptional difficulties or undue hardship to the property owner. A request for a variance may be made to the Board through the Zoning Administrator by an aggrieved property owner. Variances shall not be increased more than fifty percent (50%).
(b) A variance from the provisions or requirements of the Zoning Ordinance shall not be authorized by the Board unless it finds that all the following facts and conditions exist:
(1) That unnecessary hardship would result from the literal enforcement of the provisions of the Zoning Ordinance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardship. A hardship based on conditions created by the owner shall not be considered a sufficient hardship for the granting of a variance. It must be demonstrated that peculiar and special hardships exist which apply only to the property in question and are separate and distinct from the general conditions pertaining to other land and buildings throughout the district.
(2) That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, exceptional topographical or other physical conditions.
(3) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(4) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity and that the granting of such variance will not be injurious to persons working or residing in the neighborhood.
(5) That the granting of such variance will not be contrary to the public interest (health, safety) or the intent and purpose of the Zoning Ordinance and other adopted plans.
(6) That such variance will not permit the establishment within a district of any use other than those permitted by right within that district, or any use for which a conditional permit is required.
(7) That such variance may not be construed to mean a change of use but shall mean only a variation or modification from the strict provisions of the Zoning Ordinance.
(8) That such variance, if granted, is the minimum modification that will make possible the reasonable use of the land, building or structure.
(9) The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the Village.
(10) That in no instance shall a variance be considered for the following reasons:
A. Presence of nonconformities in the zoning district.
B. Previous variances granted in the zoning district.
C. Uses in adjoining zoning districts.
D. The applicant's belief that the intended use would be permitted upon the applicant's purchase of the land.
E. The character standing of the applicant.
F. Hardship being demonstrated beyond the context of zoning, e.g. economics.
(c) Variations to Nonconforming Uses and Buildings:
(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of, or changes in nonconforming uses where none previously existed.
(2) The substitution of a nonconforming use existing at the time of enactment of the Zoning Ordinance for another nonconforming use shall be allowed, provided no structural alterations are made except those required by law or ordinance.
(3) The Board shall adhere to all regulations contained in Section 1187.06 in acting upon all nonconforming uses and modifications thereto.
(Ord. 11-07. Passed 7-18-07.)
1141.12 CONDITIONS IMPOSED BY THE BOARD.
The Board shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Ordinance when granting variances and conditional uses. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance or conditional use on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance or conditional use is granted, shall be deemed a violation of the Zoning Ordinance and punishable under Chapter 1143.
(Ord. 11-07. Passed 7-18-07.)
1141.13 LAPSES OF VARIANCES.
A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of six months, no construction has taken place in accordance with the terms and conditions for which the variance was granted, the Zoning Administrator shall give a notice in writing, and thirty days thereafter the variance shall be deemed null and void and all regulations governing the premises in questions shall revert to those in effect before the variance was granted.
(Ord. 11-07. Passed 7-18-07.)
1141.14 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF 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 the provisions of Chapter 1139, shall follow the procedures and requirements set forth in Chapter 1139 and this chapter.
(Ord. 11-07. Passed 7-18-07.)
1141.15 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
An application for conditional use permit shall be filed with the Chairman of the Board and the Chairman of the Planning Commission by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(a) Name, address and phone number of applicant.
(b) Legal description of property.
(c) Description of existing use.
(d) Present zoning district.
(e) Description of proposed conditional use.
(f) 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 Board may require to determine if the proposed conditional use meets the intent and requirement of the Zoning Ordinance.
(g) A narrative statement evaluating the economic 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; and the relationship of the proposed use to the comprehensive plan.
(h) Such other information as may be required.
(Ord. 11-07. Passed 7-18-07.)
1141.16 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.
In addition to the specific requirements for conditionally permitted uses, the Board 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 at the proposed location:
(a) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the Village's Comprehensive Plan and/or the Zoning Ordinance.
(b) 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.
(c) Will not be hazardous or disturbing to existing or future neighboring uses.
(d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, 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.
(e) 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.
(f) 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 the excessive production of traffic, noise, smoke, fumes, glare, or odors.
(g) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding, public streets or roads.
(h) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 11-07. Passed 7-18-07.)
1141.17 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning 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 the Zoning Ordinance and punishable.
(Ord. 11-07. Passed 7-18-07.)
1141.18 PLANNING COMMISSION REVIEW AND COMMENT.
The Planning Commission shall study each application for a conditional use permit and make a recommendation within twenty days of receipt to the Board.
(Ord. 11-07. Passed 7-18-07.)
1141.19 PUBLIC HEARING BY THE ZONING BOARD OF APPEALS.
The Board shall hold a public hearing within twenty days after the receipt of an application for an appeal, variance or conditional use from the Zoning Administrator or an applicant.
The Board hearing any appeal shall proceed pursuant to the following:
(a) Shall require a complete application as required under this chapter. The application shall be accompanied by the necessary legal description of the parcel, site drawings, and graphics to explain the nature of the appeal;
(b) Publish notice of public hearing;
(c) Upon its decision to seek information may solicit; seek a review, comment and recommendation from administrative officials, Village Solicitor, and other experts, and subpoena witnesses;
(d) Require that the Secretary of the Board make an audible record of the hearing which may be transcribed upon request.
(e) Provide the appellant, appellant's agent or his/her attorney the opportunity to appear and present their position, argument and contentions to the order, action or rule/regulation;
(f) Require all testimony to be sworn under oath;
(g) Provide for the examination of witnesses and presentation of evidence;
(h) Allow cross-examination of witnesses;
(i) Require placement into the record any such evidence denied by person or body appealed from;
(j) Present conclusions of fact supporting the final order, adjudication or decision appealed from;
(k) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides. (Ord. 11-07. Passed 7-18-07.)
1141.20 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal, variance or conditional use.
(Ord. 11-07. Passed 7-18-07.)
1141.21 NOTICE TO PARTIES IN INTEREST.
Before holding the public hearing, notice of such hearing shall be mailed by the Chairman of the Board, by first class mail, at least ten days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in this chapter.
(Ord. 11-07. Passed 7-18-07.)
1141.22 EXPIRATION OF CONDITIONAL USE PERMIT.
A conditional use permit shall be deemed to authorize only one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall cease for more than six months. (Ord. 11-07. Passed 7-18-07.)
1141.23 DECISIONS OF THE BOARD.
(a) In exercising the powers conferred upon it, the Board may 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 as should be made, and to that end shall have all the powers of the Zoning Administrator charged by this Zoning Ordinance with enforcement. The concurring affirmative vote of the majority of the Board Members appointed shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant in any matter of which it has jurisdiction. The Board may, upon the affirmative vote of the majority of the Board Members appointed, reconsider any decision made and, upon such consideration render a decision by formal resolution. Every decision of the Board shall be based upon a finding of fact based on sworn testimony which finding of fact shall be reduced to writing and preserved among its records.
(b) In granting a permit under the powers conferred herein, the Board may stipulate the manner in which the variance or conditional use shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. Specifically, the Board in such cases may attach conditions dealing with:
(1) Paving, shrubbery, ornamental or screening fence or wall;
(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;
(3) Hours of operation;
(4) Location of exits or show windows;
(5) Cleaning and painting;
(6) Nonconforming uses of land or buildings.
(7) Direction and intensity of outdoor illumination;
(8) Amount and location of off-street parking, loading and signs;
(9) A period of time after which the permitted variation or conditional use shall expire.
(c) The Board shall decide all applications for variances, conditional uses and appeals within thirty days after the final hearing thereon.
(d) The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determination within fourteen days thereafter.
(e) The Board may reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination of the Zoning Administrator as in its opinion ought to be made in the premises. The decision shall state any conditions and safeguards necessary to protect the public interest.
(f) In reading a decision, the Board shall be guided by standards specified in the Zoning Ordinance as well as by the community goals and policies specified in a comprehensive plan and any recommendations made by the Planning Commission.
(g) A certified copy of the Board's decision including all terms and conditions shall be transmitted to the Zoning Administrator and shall be binding upon and observed by him. The Zoning Administrator shall fully incorporate these same terms and conditions in the permit to the application whenever a permit is authorized by the Board.
(h) In rendering a decision, the Board should show that:
(1) It has considered and evaluated all available information and evidence.
(2) It has heard all parties in question.
(3) Any personal knowledge the Board may have of the subject under question has been taken into account.
(4) The Board has received a report on the case based upon an inspection of the parcel in question.
(Ord. 11-07. Passed 7-18-07.)
1141.24 APPEAL TO VILLAGE COUNCIL.
(a) Appeals from any ruling of the Zoning Board of Appeals pertaining to the granting or denial of a permit or any other ruling may be appealed to Village Council. The appellant resident or administrative officer, within 10 days from the ruling of the Board, may file a written appeal to the Clerk of Council and the Secretary of the Board requesting a hearing, stating the reasons for such appeal.
(b) Prior to the hearing, the Secretary of the Board will transmit to Council all papers and documents constituting the records which prompted the appeal to be filed. Council will review the documentation and may receive further evidence as deemed relevant.
(c) In all appeals to Council, the Council shall follow the same procedures for hearing an appeal as those required of the Zoning Board of Appeals for hearing appeals.
(d) An affirmative vote of five members of Council is required to overturn a final decision from the Zoning Board of Appeals.
(Ord. 11-07. Passed 7-18-07.)
1141.25 DUTIES OF ZONING ADMINISTRATOR, ZONING BOARD OF APPEALS, COUNCIL AND COURTS ON MATTERS OF APPEAL.
(a) It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board shall be to the Village Council.
(b) If, in the course of carrying out the intent of this chapter and after review of all appeal cases brought before it, the Board finds a series of similar irregularities or inequities, it shall be incumbent upon the Board to inform Council and Planning Commission of these inadequacies in order that the Zoning Ordinance or Map may be appropriately amended.
(Ord. 11-07. Passed 7-18-07.)
1141.26 GRANTING OF TEMPORARY PERMITS.
The Board shall have the power to grant temporary permits for the following purposes and subject to the following conditions:
(a) A temporary permit may be granted for the use of a house trailer as a residence in connection with the granting of a zoning permit for the construction of a dwelling. The permit shall allow such use on the premises on which the dwelling is to be constructed and shall expire on completion or occupancy of the dwelling, and in any event, within one year of the date granted. Such trailer must be equipped with adequate sanitary facilities which shall include a connection to the Village sanitary sewer system.
(b) A temporary permit may be granted in conjunction with the remodeling of a home for the use of a house trailer as a residence on a lot or tract of land which has a dwelling thereon. Such permit shall expire in 30 days. No more than one permit shall be issued each year per property without the approval of the Planning Commission.
(c) A temporary permit may be granted for the erection and use of construction buildings in connection with the granting of any zoning permit. Such permit must expire within 30 days of completion of the construction.
(d) A temporary permit may be granted for the use of lands in an "R1-1," "R2-1," "R3-1," "MHPD," "C" or "M" district as a fair or circus grounds. Such permit shall expire within two weeks of issue.
(e) In the granting of such permits, the Board shall determine that the site for which the permit is requested is of sufficient size and so located that adequate parking facilities are available.
(Ord. 11-07. Passed 7-18-07.)
1143.01 NOTICE OF VIOLATION.
Whenever the Zoning Administrator determines that there is a violation of any provision of this Ordinance, a notice of violation shall be issued. The notice of violation shall indicate the ordinance section violated and the corrective action required. The Zoning Administrator shall mail this notice to the property owner, business or resident in violation and keep a record of this violation in his/her office. (Ord. 19-18. Passed 12-5-18.)
1143.02 CIVIL ACTION.
In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is, or is proposed to be, used in violation of law, or of the Zoning Ordinance, or any amendment thereto, Council, the Village Solicitor, the Village Zoning Administrator, or any adjacent or neighboring property owner who would be especially damaged by such violation, may, in addition to other appropriate action, enter proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 11-07. Passed 7-18-07.)
1143.03 REMEDIES CUMULATIVE.
(a) Any permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Administrator, the permit shall be revoked by notice in writing to be delivered to the holder of the void permit upon the premises concerned, or, if such holder be not found there, by posting the said notice of revocation in some conspicuous place upon the said premises. Any person who shall proceed thereafter with such work or use without having obtained a new permit in accordance with this Ordinance shall be deemed guilty of a violation thereof.
(b) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used in violation of this Ordinance or any amendment or supplement thereto, or any land is or is proposed to be used in violation of this Ordinance or any amendment or supplement thereto, the Zoning Administrator, Village Solicitor, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding or proceedings, to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(c) The exercise of the rights and remedies granted in this chapter and the above section shall in no way preclude or limit the Village or any person from exercising any other right or remedy now or hereafter granted to them under the laws of Ohio.
(Ord. 11-07. Passed 7-18-07.)
1143.99 PENALTIES FOR VIOLATION.
Violation of the provisions of this Zoning Ordinance, or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this Ordinance, or fails to comply with any of its requirements, shall be fined not more than one hundred (100) dollars per day, and in addition shall pay all costs and expenses involved in the subject 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 commits, participates in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. In addition, subsequent to the Zoning Administrator’s determination that work is being done contrary to this ordinance, he/she shall issue a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Administrator, shall constitute a punishable violation of this ordinance. (Ord. 19-18. Passed 12-5-18.)