This ordinance shall be known and cited as the West Jefferson Zoning Ordinance.

(Ord. 22-089. Passed 12-5-22.)

In interpreting and applying the provisions of this Ordinance, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by the Ordinance to interfere with any ordinance, rules, regulations or permits previously adopted or issued, and likewise not in conflict with this Ordinance; nor is it intended by 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 provision of this Ordinance shall control.

(Ord. 22-089. Passed 12-5-22.)

For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, the plural number shall include the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.

(1)

"Abandoned and unclaimed motor vehicles." See Ohio R.C. 4513.60.

(2)

"Accessory Building" means a subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.

(3)

"Accessory Use" means a use or building such as a garage naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the lands or buildings.

(4)

"Agriculture" means the art or science of cultivating the ground. Permitted use does not include animal or poultry raising within Village limits.

(5)

"Alley" means a secondary access way of not less than 20 feet in width dedicated to public use for travel or transportation and affording vehicular access to abutting property.

(6)

"The Americans with Disabilities Act of 1990 (ADA)." A copy of this act is on file in the office of the Director of Public Service.

(7)

"Apartment" means a room or suite of rooms intended, designed or used as a residence by a single family.

(8)

"Apartment Building" means a building designed for or containing apartments or suites of rooms for residence.

(9)

"Automotive Repair" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

(10)

"Automotive Sales" means the sale or rental of new or used vehicles or trailers.

(11)

"Auto and Metal Salvage" means the dismantling, storage or sale of used motor vehicles, trailers, or parts thereof.

(12)

"Basement" means the part of a building that is wholly or partly below ground level.

(13)

"Boarding House" means a building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons but not exceeding twenty (20) persons.

(14)

"Building" means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.

(15)

"Building Permit" means a document issued by the Zoning Inspector authorizing construction, extension, erection or alteration of any building or structure.

(16)

"Zoning and Code Enforcement Inspector" shall be appointed by the Mayor and confirmed by Council; and shall hold office until a successor is appointed.

(17)

"Building, Front Line of" means the line of that face or front 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.

(18)

"Building, Height of" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

(19)

"Buildings, Principal" means a building in which is conducted the main or principal use of the lot on which said building is situated.

(20)

"Building Setback Line" means the minimum horizontal distance between the street right-of-way line and the front foundation line of a building.

(21)

"Business Services" means 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.

(22)

"Cellar" means a story partly underground and having more than one-half (½) of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories.

(23)

"Certificate of Occupancy" means a certificate issued by Zoning and Code Enforcement Inspector to allow occupancy.

(24)

"Certificate of Zoning Compliance" means the document issued by the Zoning Inspector authorizing the use of the land or buildings. "Zoning Certificate"

(25)

"Child Care" means any place, home or institution which cares for young children apart from their parents when received for regular periods of time for compensation such as kindergarten, nursery school or class for young children that develops basic skills and social behavior by games, exercises, toys, and simple handicraft.

(26)

"Clinic" means an establishment where patients who do not lodge overnight are admitted for examination and treatment by a group of physicians practicing together.

(27)

"Club" means a building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

(28)

"Commercial Vehicle" means a vehicle designed and used to carry property and having a gross weight of more than 10,000 lb.

(29)

"Commission" means the Planning and Zoning Commission of the Municipality.

(30)

"Comprehensive Plan" means the long-range plan for the desirable use of land in this area as adopted by the Council of the Village of West Jefferson. The purpose of such plan is, among other purposes, to serve as a guide in future development and zoning for the community.

(31)

"Conditional Uses" means any use of buildings and/or land, which by the nature of it, requires review by the Planning and Zoning Commission in order to determine its effect upon adjacent existing uses.

(32)

"Container", for the purpose of zoning, means an article of transport equipment which is of a permanent character and strong enough for repeated use; is specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading; and is fitted with devices permitting its ready handling from one mode of transport to another; and is designed as to be easy to fill and empty; and has an internal volume of one cubic meter or more.

(33)

"Container Port Depot" means a business or ancillary use where "Containers" are stored, repaired, loaded, unloaded or prepared for transport by highway, rail, air, or water. In West Jefferson Container Ports shall only be located in M-2 Industrial Zoned areas, sub-classification, Transport and Trucking Terminals.

(34)

"Container Storage" means container storage used in conjunction with construction work only and may be permitted in any district during the period that the construction work is in progress, but such temporary containers shall be removed upon completion of the construction work. Container storage units are not permitted in any "R" district, except during construction.

(35)

"Council" means the Council of the Municipality.

(36)

"Disabled Vehicles." See Ohio R.C. 4513.60.

(37)

"Dish Antenna" means an outside accessory antenna that is linked to a receiver located on the same lot and used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and TV.

(38)

"District" means a part of the Village wherein regulations of the Zoning Ordinance are uniform.

(39)

"Drive-In Commercial Uses" means 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.

(40)

"Dwelling" means any building or portion thereof, which is designed for or used for residential purposes.

(41)

"Dwelling, Single Family" means a building designed for or occupied exclusively by one (1) family.

(42)

"Dwelling Structure, Height of" means the vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel.

(43)

"Dwelling, Two-Family" means a building designed for or occupied exclusively by two (2) families.

(44)

"Dwelling, Multiple" means a building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.

(45)

"Entertainment Facilities" means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.

(46)

"Essential Services" means 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, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.

(47)

"Family" means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.

(48)

"Fence" means a structure for enclosure or screening. Permit required to install, replace, or relocate.

(49)

"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas.

(50)

"Flood, One-Hundred Year" means the flood having a one percent chance of being equaled or exceeded in any given year. On the average the flood occurs once in 100 years, although it may occur in any given year.

(51)

"Flood Plain" means the area adjoining a watercourse which may be inundated during a flood.

(52)

"Floor Space" means the total number of square feet of floor area within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when the basement or cellar space is used only for storage or incidental uses.

(53)

"Frontage" means all the property on one side of a street between two (2) intersection streets (crossing or terminating) measured at the setback building line, or if the street is a dead end, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.

(54)

"Garage, Private" means an accessory building designed or used for the storage of motor driven vehicles and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

(55)

"Garage, Public" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

(56)

"Gasoline Station, Service Station" means any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.

(57)

"Highway, Major" means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

(58)

"Home occupation" means any occupation or activity carried on by a member of the immediate family, residing on the premises; provided there is no commodity sold on the premises and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes; and provided that no display will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of the dwelling. Home occupation shall also include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his profession.

(59)

"Hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house or an apartment house, which are herein separately defined.

(60)

"Institution" means a building occupied by a non-profit corporation or a non-profit establishment for public use.

(61)

"Junk Vehicles." See Ohio R.C. 4513.60.

(62)

"Junk Yard" means a lot where re-saleable junk, salvage, and recyclable materials are stored, processed or sold.

(63)

"Landscaped Area" means an area that is permanently devoted and maintained to the growing of shrubbery, grass, or other plant material.

(64)

"Law Director" means the Solicitor of the Municipality.

(65)

"Loading Space" means a space within the main building on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

(66)

"Lot" means a parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building, together with its accessory building, the open spaces and parking spaces required by this Ordinance, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.

(67)

"Lot, Corner" means a lot abutting upon two or more streets at their intersections.

(68)

"Lot Coverage" means the ratio of the ground floor area of all buildings or structures on a lot to the horizontally projected area of the lot, expressed as a percentage.

(69)

"Lot Line" means a line bounding a plot of land or ground as established by a plat of record.

(70)

"Lot Measurements." A lot shall be measured as follows:

A.

Depth. The distance between the midpoints 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.

B.

Width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.

(71)

"Lot of Record" means any lot which individually or as a part of subdivision has been recorded in the office of the Recorder or Auditor of the County.

(72)

"Lot, Minimum Area of" means the area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

(73)

"Lot, Width" means the width of a lot at the building setback line measured at right angles to its depth.

(74)

"Manufacturing":

A.

General. Any manufacturing or industrial process including food processing which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, radiation, cinders, gas fumes, dust, smoke, refuse matter or water carried waste. Any manufacturing or industrial processes permitted in an "M-2" district shall comply with the performance requirements of Section 1135.01.

B.

Restricted. Any manufacturing or industrial processing, which by the nature of the materials, equipment and processes utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall comply with the performance requirements specified in Chapter 1135 and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same general character: drugs, jewelry, musical instruments, sporting goods; processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment; research and testing laboratories, printing and engraving plants.

(75)

"Mobile Home-Trailer Coach" means any vehicle or similar portable structure having no foundation other than wheels, jacks or skirting and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. A mobile home, which does not have a flush toilet and bath or shower, is referred to as a "dependent" mobile home.

(76)

"Mobile Home Park" means an area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner.

(77)

"More Restrictive", in reference to a nonconforming use, means the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards etc., or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.

(78)

"Motor Court or Motel" means a building or group of buildings used for the temporary residence of motorists or travelers.

(79)

"Municipality" means the Village of West Jefferson.

(80)

"Non-Commercial Recreational Facility" means private and semipublic recreational facilities, which are not operated for a profit.

(81)

"Nonconforming Use" means use of land or a building, or portion thereof, which does not conform to the use regulation (Chapter 1119) of the district in which it is situated.

(82)

"Off-Street Parking Space" means any parking space located wholly off any street, alley or sidewalk, whether in an enclosed building or on an open lot and where each parking space has an area of not less than one hundred sixty (160) square feet exclusive of access drives or aisles.

(83)

"Opaqueness" means the degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface.

(84)

"Open Spaces" mean an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, or any other recreational facilities that the Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.

(85)

"Parcel" or "Parcel of land" means a contiguous quantity of land, in the possession of, owned by, or recorded as the property of the same claimant or person.

(86)

"Park Fees" means a fee payable by the owner of each new subdivision as a prerequisite to the approval of the final plat.

(87)

"Personal Services" means any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barbershops, beauty parlors and similar activities.

(88)

"Planning and Zoning Commission" means the Planning and Zoning Commission of the Municipality.

(89)

"Plant Cultivation" means the cultivation of crops, horticulture, floriculture, viticulture including fruit trees, nursery stock, truck garden products and similar plant materials.

(90)

"Premises" means a lot together with all buildings and structures thereon.

(91)

"Professional Activities" means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.

(92)

"Public Uses" means public parks, schools and administrative, cultural and service buildings, not including public land or building, devoted solely to the storage and maintenance of equipment and material.

(93)

"Recreational Facilities" means country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools.

(94)

"Recreational Vehicles" means motorized homes, travel trailers, pick-up campers, folding tent trailers, boats and boat trailers, and utility trailers used for recreational and vacation purposes and defined as follows:

A.

"Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

B.

"Travel trailer" means a vehicular portable structure built on a chassis, not exceeding a gross weight of 4,500 pounds when factory equipped for the road, nor exceeding 30 feet in length, designed to be used as a temporary dwelling for travel, recreation, and vacation uses, permanently identified as a travel trailer by the manufacturer.

C.

"Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, or vacation uses.

D.

"Folding tent trailer" means a portable canvas, metal, or plastic folding structure mounted on wheels and designed for travel and vacation uses.

E.

"Boat or boat trailers" means boats, floats, and rafts including equipment for their transport on the highway.

F.

"Utility trailer" means a trailer, not exceeding sixteen feet in length, for the purpose of hauling recreational goods and equipment.

(95)

"Residential Floor Area" means the interior floor area of a dwelling including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.

(96)

"Retail Business" means any business normally found in a local or central business district. To sell directly to the ultimate consumer.

(97)

"Right-of-Way Line" means the dividing line between a street right-of-way and the contiguous property.

(98)

"Semipublic Uses" means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

(99)

"Sewage Disposal System Combined" means an approved system, which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.

(100)

"Sewage Disposal System, Individual" means an on-site system, which provides for the individual collection and disposal of sewage.

(101)

"Sign, Advertising" means 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.

(102)

"Sign, Business" means a sign, which directs attention to the business or profession conducted on the premises.

(103)

"Social Activities" means any building and land used for private or semiprivate club activities, including lodges, fraternities and similar activities.

(104)

"Solicitor" means the solicitor of the Municipality, Law Director.

(105)

"Specialized Animal Raising and Care" means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; pigeon raising and the raising of any other domestic animals or birds of a similar nature.

(106)

"Story" means that portion of a building, other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the ceiling next above it.

(107)

"Street" means a public way which affords the principal means of access to abutting property.

(108)

"Street Line" or "Right-of-Way Line" means a dividing line between a lot, tract, or parcel of land and a contiguous street.

(109)

"Structure" means anything constructed, erected or placed on or in the ground, or attached to something having a fixed location on or in the ground. Including, but not limited to, any building, mobile home, walls, fences, decks, porches and swimming pools above or in ground.

(110)

"Structure, principal" means a structure in which is conducted the principal use of the lot on which it is situated.

(111)

"Structural alterations" means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.

(112)

"Tents and Other Portable Structures." A special permit may be required if use period exceeds fifteen (15) days.

(113)

"Tourist Home/Bed and Breakfast" means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests.

(114)

"Unit Assessment Fee" means a fee applicable to undeveloped land within the Village of West Jefferson to help offset expenses required to accommodate future development. (Undeveloped land being land without water or sewer taps.) Unit Assessment fees apply to Residential subdivisions, being each dwelling (living quarters) or unit of each commercial building and/or industrial building on a plat of land. This assessment shall apply to all undeveloped lands or lots which are included in any plat which is submitted for approval by the Council. No building permit shall be issued to a subdivider or developer until the correct amount of this assessment has been paid.

(115)

"Use" means the specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

(116)

"Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to public interest and where owing to conditions peculiar to the property, (not the result of the action of the applicant) and a literal enforcement of the regulations would result in unnecessary and undue hardship.

(117)

"Wholesale Business" means a business that sells in quantity for resale by a retail or wholesale merchant.

(118)

"Yard" means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.

(119)

"Yard, Front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building or any projections thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

(120)

"Yard, Rear" means a Yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.

(121)

"Yard, Side" means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between the side lot line and the side of the main building or any projections thereto.

(122)

"Zoning Certificate" means the document issued by the Zoning and Code Enforcement Inspector authorizing the use of land or buildings.

(123)

"Zoning District" means any section of the Municipality in which zoning regulations are uniform.

(124)

"Zoning District Map" means the zoning district map or maps of the Municipality together with all amendments subsequently adopted.

(125)

"Zoning Inspector" means the official charged with the administration and enforcement of the Zoning Ordinance.

(126)

"Zoning Ordinance" means Ordinance 03-022, passed April 21, 2003, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code.

(Ord. 22-089. Passed 12-5-22.)

(a)

It shall be the duty of the Zoning and Code Enforcement Inspector, who shall be appointed by the Mayor and confirmed by Council to enforce this Ordinance. It shall also be the duty of all officials and employees of the Municipality to assist the Zoning and Code Enforcement Inspector by reporting to him new construction, reconstruction or changes in land uses.

(b)

Appeal from the decision of the Zoning and Code Enforcement Inspector may be made to the Planning and Zoning Commission.

(Ord. 22-089. Passed 12-5-22.)

(a)

It shall be unlawful for an owner to use or to permit the use of any structure, building or land, until a zoning certificate shall have been issued by the Zoning and Code Enforcement Inspector. It shall be the duty of the Zoning and Code Enforcement Inspector to issue a certificate, provided he 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 or construction shall be issued by the Zoning and Code Enforcement Inspector unless the plans, specifications and the intended use conform to the provision of this Ordinance.

(b)

The Zoning and Code Enforcement Inspector shall notify the Auditor of Madison County, quarterly on the first days of January, April, July and October hereafter of all real estate situated in the Village of West Jefferson upon which a permit to construct or improve a building has been applied for and the final inspection thereof made by such Zoning and Code Enforcement Inspector.

(Ord. 22-089. Passed 12-5-22.)

A zoning certificate shall be required for any of the following:

(a)

Construction or alteration of any building, including accessory buildings, swimming pools, or other structures.

(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.

(Ord. 22-089. Passed 12-5-22.)

(a)

Written application for a zoning certificate for the construction of a new building or for the alteration of an existing building shall be made at the same time as the application for a building permit. Said certificate shall be issued within ten (10) days after a written request for the same has been made to the Zoning and Code Enforcement Inspector or his agent, provided such construction or alteration is in conformity with the provisions of this Ordinance.

(b)

Written application for a zoning certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Zoning and Code Enforcement Inspector, if the proposed use is in conformity with the provisions of this Ordinance, the certificate therefore shall be issued within ten (10) days after the application for same has been made.

(Ord. 22-089. Passed 12-5-22.)

Editor's note— See Section 157.04 of the Codified Ordinances for the fee schedule.

A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this Ordinance. Application for such a non-conforming use shall be filed with the Zoning and Code Enforcement Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this Ordinance. It shall be the duty of the Zoning and Code Enforcement Inspector to issue a certificate for a lawful nonconforming use, but failure to apply for such certificate for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of this Ordinance.

(Ord. 22-089. Passed 12-5-22.)

(a)

If the final development plan is found to comply with requirements set forth and other applicable provisions of this Ordinance, the Planning and Zoning Commission shall hold a public hearing and submit said plan with its report and recommendations, to Council, which shall hold a public hearing on the development planned.

(b)

Following a public hearing, the Council may modify the plan, consistent with the intent and meaning of this Ordinance.

(c)

After the final development plan has been approved by Council and in carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this Ordinance, such adjustments or rearrangements may be authorized by Council.

(Ord. 22-089. Passed 12-5-22.)

(a)

Certificate of Occupancy for a Building. No building shall be occupied before a Certificate of Occupancy has been issued. A Certificate of Occupancy for a new building or the reconstruction or alteration of an existing building, shall be applied for coincident with the application for a building permit and Zoning Certificate. The certificate shall be issued within three days after the request for same has been made, in writing, to the Zoning and Code Enforcement Inspector, and after the erection or alteration of such building or part thereof has been complied in conformity with the provisions of the Zoning Ordinance. Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Zoning and Code Enforcement Inspector for a period, not exceeding one year, during the completion of alterations or during partial occupancy of a building, pending its completion. Such temporary certificate shall not be construed as, in any way, altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by the Zoning Ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(b)

Certificate of Occupancy for Land. A Certificate of Occupancy for the use of vacant land or the change in character of the use of the land as provided herein, shall be applied for before any such land shall be occupied or used, and a Certificate of Occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of the Zoning Ordinance.

(c)

Content of Certificate of Occupancy. A Certificate of Occupancy shall state the building or the proposed use of a building or land complies with the provisions of the Zoning Ordinance. A record of all certificates shall be kept on file in the office of the Zoning and Code Enforcement Inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for a Certificate of Occupancy.

(d)

Certificate of Occupancy for Nonconforming Uses. A Certificate of Occupancy shall be required for all nonconforming uses. Applications for such certificate for nonconforming uses shall be filed within twelve months for the effective date of the Zoning Ordinance.

(Ord. 22-089. Passed 12-5-22.)

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provision of this Ordinance or any amendment or supplement thereto adopted by the Council. Any person, firm or corporation violating any regulation in or any provision of this Ordinance or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or uses continues may be deemed a separate offense.

(Ord. 22-089. Passed 12-5-22.)

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 this Ordinance or any amendment or supplement thereto, the Zoning and Code Enforcement Inspector, the legal representative of the Municipality, or any adjacent or neighboring property owner who would be specifically 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.

(Ord. 22-089. Passed 12-5-22.)

(a)

Composition and Procedure. The Planning and Zoning Commission shall consist of five (5) electors of the Municipality not holding other Municipal offices. On the first January 2nd following the effective date of this Charter, one (1) of the five (5) electors shall be appointed by the Council to serve a term of three (3) years, one (1) shall be appointed by the Council to serve a term of one (1) year, and one (1) shall be appointed by the Mayor to serve a term of three (3) years, and one (1) shall be appointed by the Major to serve a term of two (2) years. Thereafter, on each January 2nd (if January 2nd is a Sunday, then on January 3rd) and as the terms expire, appointments shall be made for a term of three (3) years by the respective appointing authorities for the position for which the term is expiring. No person shall serve as a member of the Planning and Zoning Commission at the same time the person is an employee or official of the Municipality.

A member of the Planning and Zoning Commission may be removed for just cause by the authority appointing the member to that position. A removed member shall not be eligible for reappointment to the Planning and Zoning Commission for a period of five (5) years following removal.

A vacancy occurring during the term of any member of the Planning and Zoning Commission shall be filled for the unexpired term in the manner authorized for an original appointment, providing this is done within forty-five (45) days after the date such vacancy occurs. If appointment is not made by the appropriate appointing authority within forty-five (45) days after the date such vacancy occurs, the other appointing authority shall make appointment to the Planning and Zoning Commission for the unexpired term.

(b)

Organization. The Mayor shall establish the date, time and place for the first meeting each year, at which the Planning and Zoning Commission shall organize under a Chairman and Vice Chairman. The Mayor shall preside at this meeting until the Chairman is elected. The Planning and Zoning Commission shall establish its own rules of operation, and a record of its resolutions, findings and determinations shall be maintained. Meetings shall be held at the call of the Chairman and at such other times as the Mayor may determine. Meetings shall be opened to the public, and a record shall be kept showing the vote of each member in question. Also, any member of the Planning and Zoning Commission that has been absent from four (4) consecutive scheduled meetings of the Planning and Zoning Commission or a total of six (6) scheduled meetings of the Planning and Zoning Commission, during any twelve (12) month period, whether excused or not, is removed from membership on said Planning and Zoning Commission.

(c)

Powers and Duties. The Planning and Zoning Commission shall have the power and duty to advise the Council concerning the preparation of plans and maps for the future physical development and harmonious improvement of such Municipality: the plan, design, location, removal, relocation and alteration of any building or structure and public property; the location, widening, extension area and other public places; the approval of plats for the subdivision of lands; the regulation and restriction of the location of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses; the regulation and limitation of heights of buildings or other location of buildings or other structures to be erected or altered; including the percentage of lot occupancy, setback building lines, and the area of yards, courts and other open spaces; and such other powers and duties as may be imposed upon it by resolution or ordinance of Council.

The Chairman of the Planning and Zoning Commission or a member designated by the Chairman, shall attend meetings of Council for the purpose of informing the Council on matters before the Planning and Zoning Commission and explaining the recommendations of the Planning and Zoning Commission on matters before the Council.

The Planning and Zoning Commission shall have the power to hear and decide appeals for exceptions to, and variances in, the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to afford justice and avoid unreasonable hardship. The subject of appeal shall be suspended until action is taken or decision rendered by such Planning and Zoning Commission.

A written appeal shall be submitted to the Planning and Zoning Commission within twenty (20) days after refusal or granting of the issuance of a zoning or building permit.

The Planning and Zoning Commission shall hold a public hearing on each appeal and shall give ten (10) days public notice of the time and place of said hearing. Said notice shall be given by one (1) publication in a newspaper of general circulation of said Village.

Written notice of said hearing shall be sent by the Planning and Zoning Commission by first class mail, at least ten (10) days prior to said public hearing to the owners of property within two hundred (200) feet of any part of the property which is subject of the appeal. Such written notice shall be mailed to the addresses of such owners as appears on the current tax duplicate of the County.

Each appeal filed with said Commission shall be heard within thirty (30) days of the filing of said appeal. The Council may overrule the recommendations of the Commission by three-fourths (3/4) vote of the full membership of the Council.

Any person, firm or corporation, or any officer, department, board or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Planning and Zoning Commission may appeal from such decision to the Council of the Municipality by filing a notice of intent to appeal within five (5) days and filing a petition with the Clerk of Council within fifteen (15) days from the date of the decision and setting forth the facts in the case.

Council shall hold a public hearing on such appeal not later than thirty (30) days after such appeal has been filed with its Clerk. Council by an affirmative vote of a majority of its members shall decide the matter.

Upon the day for hearing any application or appeal, Council 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 or said hearings unless the Commission so decides.

A decision of Council shall not become final until the expiration of five (5) days from the date such decision is made, unless Council shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(d)

Mandatory Referral to the Planning and Zoning Commission. Unless the Planning and Zoning Commission shall have recommended the same to Council, no resolution, ordinance, regulation, measure or order of Council concerning a matter as to which the Planning and Zoning Commission has powers and duties, as provided in subsection (c) hereof, shall become effective unless Council shall first have submitted the same to the Planning and Zoning Commission for report and recommendation.

Any matter so referred to the Planning and Zoning Commission shall be considered and acted upon by it within ninety (90) days from the date of referral, unless a longer time is authorized by Council.

If the Planning and Zoning Commission shall fail to act within the ninety (90) days, the applicant seeking action on the matter referred to the Planning and Zoning Commission may request the Council to act thereon without action from the Planning and Zoning Commission. If the Planning and Zoning Commission fails to act in the time allotted by Council, Council may act as if it had received a recommendation of approval in such matters.

(e)

Public Hearings by Council. Council shall hold a public hearing on each resolution or ordinance enacting, amending or appealing zoning regulations and shall give thirty (30) days public notice of the time and place thereof by placing said notice in a newspaper of general circulation in said municipal corporation.

Written notice of the hearing shall be mailed by the Clerk of Council by first class mail at least twenty (20) days before the date of said public hearing to the owners of property within two hundred (200) feet of any part of the property which is the subject of the proposed resolution, ordinance or action. Such written notice shall be mailed to the addresses of such owners as they appear on the current tax duplicate of the County.

(f)

Actions by Council. When the Planning and Zoning Commission makes a recommendation to Council for change in, or addition to, any Zoning Ordinance, Council shall study each such recommendation; and action shall be taken by Council within ninety (90) days after receiving said recommendation, in accordance with subsection (e) hereof, unless the Council votes, at its next regular meeting before expiration of the ninety (90) day period, for an additional sixty (60) day extension beyond the ninety (90) day period. If the period is so extended, Council shall take action on such recommendation prior to the expiration of such extension of sixty (60) days. After receiving from the Planning and Zoning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the amendment to the text of the ordinance or the Zoning Map. The Council may overrule the recommendations of the Commission by three-fourths (3/4) vote of the full membership of the Council.

(Ord. 22-089. Passed 12-5-22.)

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Council may by ordinance, after receipt of recommendation thereon from the Planning and Zoning Commission, and subject to the procedure provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this Ordinance or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Council.

(Ord. 22-089. Passed 12-5-22.)

(a)

Applications for any change of district boundaries or classifications of property as shown on the 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 practicable presentation of facts for the permanent record. Each such application shall be verified by at least one (1) of the owners or lessors of property within the area proposed to be reclassified, attesting to the truth and correctness of all 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)

Public Hearing by Commission. Before submitting its recommendations on a proposed amendment to the Council, the Planning and Zoning Commission shall hold a public hearing thereon, notice of which shall be given by one (1) publication in a newspaper of general circulation on the area. 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 or Planning and Zoning Commission.

(c)

Notice to Property Owners. In addition to the published notices hereinbefore specified, the Planning and Zoning Commission shall give notice of the time, place and purpose of public meetings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice not less than twenty (20) days prior to the date of hearing to the owners of all properties lying within two hundred (200) feet of any part of the property proposed to be changed. The failure to notify as provided in this Section shall not invalidate any recommendation adopted hereunder; it being the intention of this Section to provide notice to the persons substantially interested in the proposed change that an application is pending before the Commission, proposing to make a change in the District Map or the regulations set forth in this Ordinance.

(d)

Action of Commission. The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the applications, or it may recommend that the application not be granted. These recommendations shall then be certified to the Council.

(e)

Public Hearing by Council. After receiving from the Commission the certification of said recommendations of the proposed amendment, and before adoption of such amendment, the Council shall hold a public hearing thereon at least thirty (30) days notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in the Village.

(f)

Action of Council. After receiving from the Planning and Zoning Commission certification of the recommendations on the proposed amendment and after holding the above public hearing, the Council shall consider such recommendations and vote on the passage of the amendment to the text of the ordinance or the District Map. The Council may overrule the recommendations of the Commission by three-fourths (3/4) vote of the full membership of the Council.

(Ord. 22-089. Passed 12-5-22.)

At the time that an application for the change in zoning districts is filed with the Planning and Zoning Commission, as provided herein, there shall be deposited with the Director of Finance, an amount (per the Fee Schedule) to cover investigation, legal matters. Such fee shall be for one (1) lot or part of one (1) lot. For an additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot shall be adjacent to each other. Such sums so deposited shall be credited by the Director of Finance to the General Fund.

(Ord. 22-089. Passed 12-5-22.)

The purpose of this chapter is to establish alternate remedies for code enforcement officials to utilize in enforcing the provisions of this code. The remedies authorized in this chapter are cumulative to any other remedy provided for in this code or the laws of the state of Ohio - Village of West Jefferson, or the United States of America, and the noncompliance fees authorized in this chapter may be imposed in addition to any other fine, penalty, fee, charge, notice of violation, or any other remedy provided for in this code or the laws of the state of Ohio - Village of West Jefferson, or the United States of America, so long as the cumulative application of such available remedies would not violate any applicable law.

(Ord. 22-089. Passed 12-5-22.)

Whenever used in this chapter, the following words and phrases shall be defined as set forth in this section.

(a)

Department Head. Head of the issuing department or his or her duly appointed designee.

(b)

Zoning and Code Enforcement Officer. Any Village of West Jefferson employee or agent of the Village of West Jefferson delegated with the power to enforce any provision of this code.

(c)

Correction Period. The period of time specified in a notice of violation within which the responsible person(s) must correct or otherwise remedy a continuing violation, or be subject to the issuance of a notice of noncompliance fee.

(d)

Issuing Department. The Village of West Jefferson department that issues a notice of violation and that has authority and responsibility for enforcing the code section that is the subject of the notice of violation.

(e)

Responsible Person. A person responsible for or alleged to be responsible for, a code violation. There may be more than one responsible person for a code violation. A responsible person may include any of the following:

(1)

A person who causes or materially contributes to the causation of the code violation;

(2)

A person who maintains or allows the code violation to continue by his or her action or inaction;

(3)

A person whose agent, employee, or independent contractor causes or materially contributes to the causation of the code violation;

(4)

For code violations pertaining to conditions of real property, a person who owns the real property, or any lessee or sub lessee of the real property that has a current right to possess the real property;

(5)

An on-site manager of a business premises who is responsible for the activities at the premises.

For purposes of this section, the term "person" includes natural persons, corporations, Unincorporated associations, estates, trusts, and any other legal entities, including the owners, Majority stockholders, officers, general partners, joint venturers, members, executors, administrators, and trustees of any such legal entity.

(Ord. 22-089. Passed 12-5-22.)

(a)

Whenever the Zoning and Code enforcement officer determines that a violation of a provision of this code has occurred, the Zoning and Code enforcement officer is authorized to issue a notice of violation to the responsible person(s).

The notice of violation may specify a correction period, if, in the judgment of the Zoning and Code enforcement officer, a correction period is warranted.

(b)

When the violation constitutes a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that does not, in the reasonable judgment of the Zoning and Code enforcement officer, create an immediate danger to health or safety, the notice of violation shall specify a correction period of not less than 30 days.

(c)

The Zoning and Code enforcement officer may, in his or her discretion, grant a reasonable extension of any correction period specified in a notice of violation, if, in his or her judgment, an extension is warranted.

(1)

The violation of "any" provision of the Village of West Jefferson Zoning code shall be subject to a noncompliance fee, as provided for in this chapter.

(2)

The amount of the noncompliance fee shall be separately determined by the West Jefferson Village Council as detailed in Ordinance # 12-078.

(Ord. 22-089. Passed 12-5-22.)

(a)

Whenever the Zoning and Code enforcement officer issues a notice of violation, the Zoning and Code enforcement officer is Authorized to issue a notice of noncompliance fee to the responsible person(s). The Zoning and Code Enforcement officer may issue the notice of noncompliance fee concurrently with the notice of violation, or in his or her discretion, may issue the notice of noncompliance fee upon the expiration of any correction period or extension thereof.

(b)

Each notice of noncompliance fee shall contain the following information:

(1)

A statement that a noncompliance fee is being imposed on the responsible person(s) pursuant to this chapter of the code;

(2)

The name of the responsible person(s);

(3)

The code section violated;

(4)

The address where the code violation occurred (for violations pertaining to the condition of real property);

(5)

A description of the code violation;

(6)

The names of the issuing department and Zoning and Code enforcement officer;

(7)

The amount of the noncompliance fee and, the procedure to pay the fee; and

(8)

The procedures for requesting an appeal hearing to contest the imposition of the noncompliance fee.

(c)

Unless a responsible person requests a hearing to contest the imposition of the noncompliance fee, the notice of noncompliance fee shall constitute the final administrative order of the Village of West Jefferson with respect to said noncompliance fee, and the fee shall be due and payable by the responsible person(s) to the issuing department within thirty (30) calendar days following service of the notice of noncompliance fee.

(d)

Payment of a noncompliance fee shall not excuse the responsible person(s) from correcting the code violation. The issuance of a notice of noncompliance fee and/or payment thereof does not preclude the enforcement officer or issuing department from taking any other enforcement action in response to a code violation, including, but not limited to, or making referrals to the county attorney for the filing of a criminal complaint or to the Village of West Jefferson Law Director for the filing of a civil enforcement action.

(Ord. 22-089. Passed 12-5-22.)

In addition to any other remedy provided by law, if an Ordinance non compliance fee is not paid within the time period provided for in this chapter, and the underlying violation pertains to the condition of real property owned in whole or in part by the responsible person(s), the amount of the unpaid Ordinance Non compliance fee shall become a lien on that real property and the issuing department may enforce and collect the unpaid Ordinance Non Compliance fee by recording a notice of lien against that real property in the office of the Auditior of Madison County in the State of Ohio.

(Ord. 22-089. Passed 12-5-22.)

(a)

"Residential Rental Property" shall mean real property that is located in the village, or has water and sewage services supplied by the village, and on which is located one or more dwelling units leased or otherwise rented to tenants solely for residential purposes, or a mobile home park or other permanent or semipermanent site at which lots are leased or otherwise rented to tenants for the parking of a manufactured home, mobile home, or recreational vehicle that is used solely for residential purposes. "Residential rental property" does not include a hotel or a college or university dormitory.

(b)

"Person in control" shall mean:

(1)

The person, persons, or entity holding title to the freehold estate of the premises; or

(2)

Any individual designated by the owner of a Residential Rental Property as having the duty, responsibility and authority to operate, maintain, and manage the Residential Rental Property; or

(3)

A mortgagee or vendee in possession; or

(4)

A receiver; or

(5)

An executor; or

(6)

A trustee; or

(7)

Any person, public or private entity, lessee or holder of a lesser estate in the premises, and/or its duly authorized agent(s), with the authority to bring a building or premises into compliance with the provisions of this code, including but not limited to any mortgagee that has filed an action in foreclosure on the particular premises at issue, based on breach or default of a mortgage, until title to the premises is transferred to a third party.

(Ord. 22-089. Passed 12-5-22.)

A Residential Rental Property Registration Program is hereby established in order to protect the health, safety, and welfare of the public and prevent deterioration and blight conditions that adversely impact the quality of life in the Village of West Jefferson.

(Ord. 22-089. Passed 12-5-22.)

(a)

No person in control shall hereafter allow occupying or leasing to another person any residential rental property within the Village of West Jefferson, or serviced by West Jefferson Water and Sewage services, for which a registration form has not properly been made and filed with the Director of Building, Planning and Zoning, or his/her designee.

(b)

Registration shall be made upon forms furnished by the Director of Building, Planning and Zoning or his/her designee.

(Ord. 22-089. Passed 12-5-22.)

(a)

Registration of Residential Rental Properties must be made every two years on or before the first (1 ^st ) day of January of every even numbered year, by the person in control, the contact agent, or designate property manager.

(b)

The registration fee shall be set as follows:

(1)

One (1) to four (4) Rental Units by the same person in control: twenty-five dollars ($25.00) per unit.

(2)

Five (5) to forty-nine (49) Rental Units by the same person in control: twenty dollars ($20.00) per unit.

(3)

Fifty (50) and above Rental Units by the same person in control: fifteen dollars ($15.00) per unit.

(Ord. 22-089. Passed 12-5-22.)

(a)

Every new or subsequent person in control of a residential rental property shall be required to register as person in control before taking possession of the residential rental property.

(b)

Every new or subsequent person in control of a residential rental property must comply with all requirements of this Ordinance and any notices from the Director of Building, Planning and Zoning or his/her designee concerning violations of health, zoning, and/or safety codes of the Village of West Jefferson.

(Ord. 22-089. Passed 12-5-22.)

This chapter does not apply to hotels and/or motels, dormitory owned by a college or university, housing units owned by a religious institution and occupied by a member of the clergy of that religious institution or housing units in any licensed hospital, hospice center, community care facility, intermediate care facility, or nursing home.

(Ord. 22-089. Passed 12-5-22.)

The Village of West Jefferson may use the date collected to inform the owner or person in control, contact agent, rental agent, police department, and/or fire department of any building code violations and/or other incident reports or inspection orders applicable to the residential rental property. The Village of West Jefferson may also investigate and contact persons, owners, legal entities, or other person in control, who arc covered by this Ordinance and who have not registered their residential rental properties.

(Ord. 22-089. Passed 12-5-22.)

(a)

Any person in control, owner, or entity that fails to comply with any requirement of the Residential Rental Registration Program shall be subject to a non-compliance fee in accordance with West Jefferson Section 1109.01 through 1109.05.

(b)

In addition to any penalties under subsection (a), the owner, entity, or person in control of an unregistered Residential Rental Property may be subject to any other remedy available at law or equity.

(Ord. 22-089. Passed 12-5-22.)