Standards pertaining generally and uniformly to the arrangement and development of land and structures within the zoning districts.

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

(a)

Platting Required. No use shall be established or altered and no structure shall be constructed or altered except on a lot that has been platted in accordance with or which otherwise meets, the requirements of the Subdivision Regulations.

(1)

Minimum requirements. The General Development Standards of this Ordinance are minimum requirements for the arrangement of lots and spaces to be achieved in all developments.

(2)

Lot area and yard space preserved. The lot area and yard space required for use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure.

(3)

Open yard required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows:

A.

Eaves, cornices, windowsills and belt courses may project into any required side yard a distance not to exceed (2) two feet.

B.

Open and uncovered porches may project beyond the front building line or into a required rear yard a distance not to exceed (10) ten feet.

C.

Driveways may be permitted in required yards, but shall be (3) three feet or more from any property line except where such driveways are developed jointly as a common drive to adjoining lots.

(4)

New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of the Zoning Ordinance and in accordance with the Subdivision Regulations of the Municipality and shall conform with the development standards of the zoning districts in which such construction is permitted, except as otherwise provided for.

(5)

New uses. The only new uses of land or a structure shall be those which are a permitted use or a conditional use for the zoning district in which such use is to be located.

(b)

Existing Conforming Lots, Structures, or Uses. Lots, Structures, or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located may be continued; and may be altered, extended or changed in accordance with the following:

(1)

Conforming lots. A conforming lot my be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located.

(2)

Conforming structure. A conforming structure may be altered, reconstructed or extended only in such manner as will comply with the development standards for the zoning district in which the structure is located.

(3)

Conforming Use. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use (if previously approved) regulations and with the development standards of the zoning district in which the conforming use is located.

(c)

Existing Nonconforming Lots, Structures, or Uses. Lots, structures, or the use of lots and/or structures which do not conform with the regulations of the zoning district in which they are located may be continued, and may be altered, extended or changed in accordance with the following:

(1)

Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning and Zoning Commission. Such nonconforming lots must be in separate ownership and not of continuous frontage with other

(d)

Existing Conditional Use Permits. Nothing contained in the Zoning Ordinance shall affect the validity or effectiveness of an existing conditional use permit issued under the prior Zoning Ordinance.

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

(a)

Purpose.

(1)

The purpose of this section shall be the enhancement of the public health, safety and welfare by eliminating conditions favorable to pestilence, disease and general unsafe conditions, while at the same time improving the quality and appearance and most likely, the value of residential property for all residents of the Municipality.

(2)

In conjunction therewith, it is important to maintain residential areas as residential areas and confine occupational uses to areas properly zoned for commercial and related nonresidential uses of property.

(b)

Home Occupation. Home occupation shall be those limited occupations which are hereafter defined and which may be carried on in residential neighborhoods.

(1)

Standards for home occupation. No home occupation shall hereafter be established, altered or enlarged in any residential district unless such home occupation is permitted by this Zoning Code and complies with the following restrictions or standards:

A.

No person other than members of the family residing on the premises shall be engaged in a home occupation in any Residential or Planned Residential District.

B.

No sign shall be used in connection with a home occupation, nor shall any display be used that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, which would change the essential character thereof as a dwelling.

D.

The space devoted for use of the home occupation must be within the main dwelling or basement and shall occupy not more than 300 square feet. Accessory buildings such as garages or shed, whether attached or unattached, shall not be used for home occupations.

E.

No mechanical or electrical equipment shall be used except normal domestic or household equipment, computers, adding machines, typewriters, copy machines and similar equipment, or any equipment necessary and essential to any home occupation that otherwise meets the requirements of this section.

F.

No home occupation shall be used in such a manner as to create offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare, electronic interference or otherwise constitute a nuisance or safety hazard to any occupant of adjacent or nearby properties.

G.

There shall be no outdoor storage of equipment or materials used in the home occupation.

H.

Not more than four motor vehicles, used by customers of the home occupation, shall be parked at the location of the home occupation at one time.

I.

The home occupation shall not generate traffic greater in volume than normal for residential neighborhood.

J.

Trucks, vans, automobiles or other mobile equipment used in the home occupation shall not be parked in side or open yards and all automobiles used by customers shall be parked in the driveway or along the street curb abutting the premises.

(2)

Permit. All persons conducting home occupations which are presently existing or which are established, changed or enlarged after this chapter is in effect shall be required to obtain a permit from the Village Zoning Inspector. The initial permit shall be valid for a period of two years after the date of issuance. A renewal permit must be secured for each subsequent two-year period thereafter. The fee, in such amount as required, may be established by Council from time to time, shall be paid to the Municipality for each permit.

(c)

Condition of Premises. No property owner(s), user(s), contractors, or resident(s) shall:

(1)

Cause or permit waste, garbage, trash, junk or any debris such as scrap lumber, unused motor vehicle parts, scrap building materials, unused tires, or other material to accumulate or remain on their property.

A.

All trash and debris associated with or resulting from the construction of either residential or commercial structures permitted hereby shall be contained on the construction site in a stable, secure, solid-walled enclosure no smaller than ten cubic yards. The permit holder shall maintain the enclosure and site so as to control litter and debris at all times, and remove and dispose of the debris in an approved landfill. The enclosure shall be removed from the site within 10 days of the issuance of the occupancy permit or within ten days of cessation of active construction work.

(2)

Permit commercial vehicles or non-private passenger vehicles in connection with repair or construction work being undertaken at the premises and only during such periods of repair or construction.

A.

All motor vehicles at the premises, whether private, passenger, commercial or other, shall be parked on driveways or paved area or concealed from public view in private garages, carports, etc.

B.

All motor vehicles in public view on the premises shall be in operating condition and in compliance with all motor vehicle safety, equipment, registration and licensing laws, including the display of current tags and validation stickers.

C.

Commercial vehicles, motor homes, trailers, and boats and non-private passenger vehicles that are parked on a driveway must be parked a minimum of (20) twenty feet from the edge of the public right-of-way.

(3)

Fail to keep the exterior of all residential and commercial premises in good condition and well maintained, and such persons shall, within a reasonable time after notice, remove or remedy all unsightly, dirty or unsafe conditions.

(4)

Fail to keep all lots mowed as often as necessary to prevent pestilence, insect infestation, fire hazard, and to discourage use of the property for dumping or landfill purposes.

A.

All such property shall be kept free of hazardous and unhealthy accumulations of water and other conditions affecting the health and welfare of residents of the Municipality of West Jefferson.

B.

In those instance where such property is being used contrary to West Jefferson zoning laws and other ordinances, the property owner, upon notice, shall take appropriate remedies to prevent such unlawful uses in cooperation with Municipal officials.

C.

All lots shall be kept seeded or maintained in such a manner as to prevent erosion of the property and excess drainage onto adjoining lands and kept free of trash and debris.

(d)

Corrective Action by Municipal Officials.

(1)

All violations of this Ordinance which remain un-corrected after not less than ten (10) days notice to the owner or resident, may be corrected by the Municipality of West Jefferson, or by any person, firm or organization selected by the Municipality, and the cost thereof shall be paid by the owner of such property within thirty (30) days.

(2)

Any such charges which remain unpaid after the (30) thirty days may be collected in any manner provided by law and shall be certified by the Administration to the Madison County Auditor to be charged as a lien against the property.

(3)

Violations occurring on construction sites may result in the issuance of a stop work order until the site is brought into compliance.

(e)

Penalty. Whoever violates any provision of this section, in addition to any other cost or charge is guilty of a minor misdemeanor. Each day that such violation continues shall constitute a separate offense.

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

Accessory uses and structures shall be permitted in association with the principal use or structure provided that the area of the accessory use or structure shall be twenty-five percent (25%) or less of the gross floor area of the principal use or structure.

(a)

Accessory Use and Structure Defined. "Accessory use or structure" means a subordinate use or structure which is incidental to and in association with a principal use or structure and which is customarily required or provided for the principal use or structure.

(b)

Required Location in Residential Zoning District. In a Residential Zoning District, unattached accessory structures shall be located to the rear of the dwelling structure, not more than twenty feet (20) in height, and containing no openings toward the contiguous lot. Such accessory structures must be placed in conformance with the required side yard, placed no closer than five (5) feet from the rear lot line, and place no closer than twenty-five (25) feet from a main building on an adjoining lot that is located in conformance with the Zoning Ordinance.

(c)

Required Location in Other Zoning Districts. In any zoning district except a Residential Zoning District, any accessory use or structure shall be on the same lot as the principal use or structure and located subject to the development standards of the zoning district in which it is located.

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

Residential Development. A tract of land that was of record as of the date of the adoption of this amendment to the Zoning Ordinance shall not be developed with individual sewage treatment or individual water supply.

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

(a)

Prevention of Nuisance. Every structure or use subject to the provisions of the Zoning Ordinance shall be located, arranged and operated in accordance with the following provisions so that it will not interfere with the development and enjoyment of adjacent property.

(b)

Required Standards. In addition to any other provisions of this Ordinance, the following standards of development and operation are provided to control hazardous, obnoxious or other nuisance activity of uses subject to the provisions of the Zoning Ordinance.

(1)

Vibrations and noise. No uses shall be located and no equipment shall be installed in such a way as to produce intense, earth-shaking vibrations which are discernible without instruments at or beyond the property line of the subject premises. Noise standards of the Environmental Protection Agency shall be adhered to.

(2)

Smoke. Smoke shall be controlled in its emission so as to be less dark in shade than that designated as No. 2 on the Ringlemann Chart published and used by the U.S. Bureau of Mines, except that emission above such level shall be permitted for a period of three minutes or less during the operation of starting or cleaning a fire.

(3)

Dust. Dust or particulate matter shall be so controlled as not to produce a hazardous or obnoxious situation beyond the property lines of the lot on which such dust or particulate matter is produced.

(4)

Odors. There shall be no use or storage of substances so as to produce the continuous, frequent, or repetitive emission of odors or odor-causing substances in such concentrations as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located or stored. The applicable standards of the Environmental Protection Agency shall be adhered to.

(5)

Glare. Glare or heat from processing or other activity or lighting shall be so screened as not to be perceptible beyond the property lines of the lot on which such glare or heat is produced.

(6)

Fire and explosion hazards. All activities, including storage, involving flammable or explosive materials shall include the provision of adequate safety devices against the hazard of fire and explosion. All standards enforced by the Occupationa1 Safety and Health Administration shall be adhered to. Burning of waste materials in open fire is prohibited, as enforced by the Ohio Environmental Protection Agency.

(7)

Air pollution. No emission of air pollutants shall be permitted which violates the Clean Air Act Amendments of 1977 or later amendments as enforced by the Ohio Environmental Protection Agency.

(8)

Liquid or solid wastes. No discharge at any point into any public sewer, private sewage disposal system, or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply or interfere with bacterial processes in sewage treatment, shall be permitted. The standards of the Ohio Environmental Protection Agency shall apply.

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

(a)

Purpose. The purpose of this chapter is to identify land uses which require a Special Permit due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services and to provide supplemental criteria which shall be applied by the Planning and Zoning Commission Appeals when reviewing the proposed use.

(b)

Special Permit Required. Within the Municipality, no building, structure or premises shall be used and no building or structure shall be erected which is arranged, intended or designed to be used for any use specified in this chapter unless a Special Permit has been authorized by the Planning and Zoning Commission.

(c)

Powers and Duties of the Planning and Zoning Commission. The Commission shall have the following duties in addition to those defined elsewhere in this Zoning Ordinance.

(1)

To grant Special Permits for uses listed in this chapter where it is shown that the special use can be granted a permit without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located and without significant incompatibility with the general character of the neighborhood.

(2)

To impose such requirement(s), conditions and appropriate time limitations regarding the location, character or other features of the proposed uses or structures as the Commission feels necessary to carry out the intent and purpose of the Zoning Ordinance and to otherwise safeguard the public safety and welfare.

(3)

Upon application by the Village Law Director to revoke any Special Permit whose condition has been violated after notice and opportunity to conform have been given.

(d)

Dish Antennae.

(1)

Purpose. Regulation of dish antennae is intended to provide guidelines for their approval which accommodate the generally large diameter of satellite dish antennae, provide for screening to mitigate the mass of the dish; provide for the most aesthetically pleasing dish location and safe and appropriate installation.

(2)

Permit process. A Zoning Certificate for the installation of dish antennae shall be issued to the owner of the property by the Zoning Administrator or appropriate designee after approval of a Special Permit by the Planning and Zoning Commission. The Commission will base its approval upon a site plan submitted by the applicant and the extent to which the plan demonstrates that the installation of the dish antenna is in conformance with the following guidelines:

A.

A dish antenna, when installed in any zoning district, shall be:

1.

Located to the rear of the principal building or structure;

2.

An accessory use subordinate to the principal use of the site;

3.

Mounted in a concrete base in line with grade;

4.

Screened from adjacent properties and landscaped;

5.

Open mesh type if possible;

6.

Wired underground;

7.

Properly maintained; and

8.

Designed to withstand a wind force of up to seventy (70) miles per hour.

B.

A dish antenna, when installed in any Residential Zoning District or Planned Residential Zoning District, or "Condos" shall be:

1.

Installed in compliance with the general guidelines for all zoning districts; and

2.

Installed as close to grade elevation as possible; and in no case shall be greater than fifteen (15) feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed twelve (12) feet.

C.

Dish antenna, when installed in and Business Zoning District or PCD shall be:

1.

Installed in compliance with the general guidelines for all zoning districts;

2.

Installed as close to grade elevation as possible; in no case shall be greater than fifteen (15) feet above grade height if turned perpendicular to the ground; and the maximum diameter of any dish antenna shall not exceed twelve (12) feet;

3.

Located in yards that are not adjacent to residentially zoned districts; and

4.

Removed within six (6) months of ceasing operation or when replaced or unused.

D.

A dish antenna, when installed in any Industrial Zoning District shall be:

1.

Installed in compliance with the general guidelines for all zoning districts;

2.

Compatible in height with the surrounding development;

3.

Located in yards that are not adjacent to residentially zoned districts; and

4.

Removed within six (6) months of ceasing operation or when replaced or unused.

E.

A roof-mounted dish antenna:

1.

When installed as an accessory use to a residential structure, shall not be greater than three (3) feet above the roof of the structure it is mounted on; and

2.

When installed as an accessory use to structures located in commercial and industrial districts, or permitted non-residential structures in residential districts, shall be reviewed for safety, compatibility with surrounding development and for other design measures that screen or otherwise make the dish antenna appear less obtrusive.

(3)

Fee. A fee in such amount as may be established by the Council acting by ordinance or resolution shall be paid to the Municipality for each application for a Special Permit to install a dish antenna.

(4)

Exemptions. All dish antennae will require a Zoning Certificate before installation. However, the following types of installations will not require approval of the Planning and Zoning Commission: Any roof-mounted or ground-mounted dish antenna that is three (3) feet in diameter or less, provided that the site plan submitted for zoning compliance demonstrates that the general guidelines were considered.

(e)

Communication Towers for Communication Distribution Systems.

(1)

Purpose. Towers used in radio, satellite dish, telephone, microwave or other wave length communication for transmission, receiving or relay are subject to regulations herein provided. This communication tower regulation is intended to reserve the opportunity for improved services and technological advances from such consumer-oriented public services; to preserve the quality of life in residential areas close to tower installations; to protect the health and safety of residents from the possible adverse impacts of emissions from the advanced technologies in use; to protect the visual quality and natural beauty of the community as a whole; and to provide guidelines for zoning compliance to protect to general welfare, health and safety of residents in the absence of tower regulations by the Public Utilities Commission of Ohio. It is the intent of this regulation that the towers used for television and radio, cellular telephone systems and dish antennae be erected in locations consistent with the purpose and spirit of the zoning regulations.

(2)

Definitions.

A.

"Communication Tower" means a structure thirty-five (35) feet or greater in height above grade that is intended for transmitting, receiving or relaying television, radio, telephone or other communications.

B.

"Communication Distribution System" includes a broadcast antenna for cellular telephone, AM and FM, microwave and television systems.

(3)

Permit process.

A.

A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or designee after approval of a Special Permit by the Planning and Zoning Commission for a tower thirty-five (35) feet or more in height above grade for use in a communication distribution system and for any support building. Towers less than thirty-five (35) feet in height shall be approved by the approval process outlined in the Zoning Ordinance for building permit and zoning compliance review. The Planning and Zoning Commission shall approve, disapprove or approve with conditions a Special Permit, based on a site plan to be submitted by the applicant and owner of record to the property, as prescribed by the Planning and Zoning Commission. In making its decision, while upholding the purpose of this section, the Board shall consider that the proposed tower and attendant installation be:

1.

Permitted only in the Limited and Restricted Industrial zoning district(s), or in a planned district where the tower is a specifically enumerated use;

2.

Sited so that all reasonable alternatives for tower placement have been clearly and convincingly demonstrated so that the installation will minimize the visual intrusion of the tower;

3.

Shared with other users to minimize the proliferation of towers within the Village of West Jefferson;

4.

Detailed in a site plan to include complete structure elevations and a perspective view showing the tower as viewed from all the property lines/lot lines of the proposed site; and

5.

Located to minimize the visual impact at base elevation of the proposed structure by a comprehensive landscape plan.

B.

Plans submitted for proposed towers shall show conformance with the following development standards:

1.

The installation shall be 1,000 feet from the nearest residential use or district, including planned districts for residential use or public park;

2.

Minimum setback from all property lines shall be a distance equal to the height of the tower. Setback shall be defined as the distance from the property line to the nearest portion of the structure;

3.

Underground wiring to the site shall be required;

4.

Equipment, mobile or immobile, not used in direct support of the transmission or relay facility, shall not be stored or parked on the site except in connection with a repair or maintenance being made to the installation;

5.

No employees shall be employed on a regular basis at the installation site;

6.

The owner of the tower/installation shall annually file with the Planning and Zoning Commission, a declaration ascertaining the continued operations, according to the Commission's approval, of each tower approved by Special Permit; and

7.

Obsolete or unused facilities shall be removed within six (6) months of ceasing operation.

(4)

Exemptions. Ham radio installations are permitted in residential districts provided:

A.

The ham radio tower is no higher than the highest point of the residence. If the tower is retractable, it shall be measured when retracted;

B.

The tower is an accessory use to a permitted principal use of the property;

C.

The tower shall be placed to the rear of the principal use;

D.

Site plan approval is granted by the Zoning Inspector;

E.

All FAA and FCC requirements and building and electrical permit requirements are met.

(5)

Fee. A fee in such amount as may be established by the Council, acting by ordinance or resolution, shall be paid to the Municipality for each application for a Special Permit for a communication tower.

(f)

Portable Structures and Temporary Uses.

(1)

Purpose. Regulation of portable structures such as temporary construction trailers, temporary use trailers and portable classrooms is intended to provide for unusual circumstances or the short term needs of the residents of the Village, and to preserve the quality of life in residential areas and to provide a review process that maximizes the safety and aesthetic appeal of the portable structures and temporary uses and minimizes the duration and intrusion of such structures.

(2)

Definitions.

A.

"Portable non-residential structure(s)"* means a building(s) or similar structure(s) designed for occupation which is not placed on a permanent foundation. The definition shall include construction trailers, portable classrooms, tents, storage shed, trailers and any other uses which may be proposed for such structures.

*No permit required if use does not exceed fifteen (15) days.

B.

"Construction trailer" means a temporary building or structure used as a construction office for a project located on the same site during its construction.

C.

"Portable classroom" means a manufactured structure not permanently attached to the ground, used on a temporary basis in conjunction with a permanent structure to provide educational services.

(3)

Permit process. A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or designee after approval of a Special Permit by the Planning and Zoning Commission for any portable nonresidential structure. The Planning and Zoning Commission shall approve, disapprove or approve with conditions a Special Permit, based on a site plan and a narrative outlining the scope of use to be submitted by the applicant and owner of record of the property according to the rules of the Planning and Zoning Commission. In making its decision, upon the Special Permit application, the Commission shall consider that the proposed structure be:

A.

Permitted in any zoning district provided the use of the structure is a permitted use in the zoning district or an accessory use.

B.

Located on the site so as to provide safe access to the structure and be served by adequate parking.

C.

Screened from view and sensitively located and to show adherence to the standards of the community.

D.

Detailed in a dimensioned site plan to include a complete structure elevation, landscape plan and site lighting.

E.

Proposed for a limited period of time not to exceed one year. The duration of the proposed Special Permit shall be specified by the applicant and approved by the Commission. Extension of the Special Permit for an additional limited period of time may be permitted by reapplication to the Commission when reasonable progress toward a permanent structure is demonstrated. The Commission shall base its decision on any extension request on the same criteria as the initial Special Permit.

F.

Detailed in a narrative noting the specific use proposed and the scope of the intended use; and

G.

Proposed in compliance with development standards with respect to parking and landscaping.

(4)

Exemptions.

A.

Construction trailers are not subject to a Special Permit review by the Planning and Zoning Commission and are permitted in nonresidential zoning districts provided:

1.

The location and footprint of the construction trailer is noted on the construction plans submitted and approved for the Zoning Certificate for the project;

2.

The construction trailer is used in conjunction with an approved construction project only during actual construction work; and

3.

The construction trailer is removed from the construction site upon completion of actual construction work or when construction has been discontinued for a period of thirty (30) days or more.

B.

Construction trailers are not subject to a Special Permit by the Planning and Zoning Commission and are permitted in residential zoning districts provided:

1.

A site plan approval is issued by the Zoning Inspector to show agreement between the Municipality and residential developer as to the location of the construction trailer.

C.

Tents are not subject to a Special Permit review by the Planning and Zoning Commission and are permitted in nonresidential planned districts provided:

1.

A site plan approval is issued by the Zoning Inspector;

2.

The use for which the tent is proposed is a temporary accessory use to a permitted principal use on the same site; and

3.

The tent is approved by the Jefferson Township Fire Department.

(5)

Fee. A fee in such amount as may be established by Council acting by ordinance or resolution shall be paid to the Municipality for each application for a Special Permit for Portable Structures and Temporary Uses.

(g)

Model Homes in Residential Districts.

(1)

Purpose. Regulation of model homes is intended to preserve the opportunity for potential residents of West Jefferson to inspect housing available with the Municipality; to provide home builders a forum to demonstrate housing types; to preserve the quality of residential life for nearby residents; and to protect residential area from uses which are not residential in nature.

(2)

Definition. "Residential model home" means a residential structure used by a home builder/developer, real estate worker or Realtor to demonstrate construction, display built-in amenities and color selection charts to prospective home buyers and promote the sale or lease of housing units. The model home may be staffed and furnished.

(3)

Permit process. A Zoning Certificate shall be issued to the owner of the property by the Zoning Inspector or appropriate designee after approval of a Special Permit by the Planning and Zoning Commission for a model home. The Planning and Zoning Commission shall approve, disapprove or approve with conditions, a Special Permit based on its proposed location in the community. In making its decision, the Commission shall consider that the proposed model home be:

A.

Sited so that it is easily accessible and identifiable.

B.

Integrated into the residential character of the neighborhood with external lighting approved on a case-by-case basis. No exterior lighting other than usual and customary residential lighting shall be permitted at the model home after 9:00 p.m.

C.

Approved for a limited duration not to exceed two (2) years for model homes in a new subdivision and not to exceed one year in developed or mature neighborhoods. Extension of the duration of model homes may be permitted by application to the Planning and Zoning Commission. The Commission shall consider the same criteria in approving extensions as is prescribed for initial applications.

D.

Identified by no more than one sign in compliance with the Sign Code.

E.

The Special Permit application will describe the use proposed for the model home including:

1.

Hours of operation.

2.

Number of employees.

3.

Maximum number of employees to be on site at any time.

4.

Provision for parking for employees and customers.

F.

Parking. All model homes shall provide off-street, paved parking for the public.

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

(a)

The incorporated area of West Jefferson, Ohio is hereby divided into districts, known as:

"A-1" Agricultural District

"F-1" Flood Plain

"PRD" Planned Residential District

"PCD" Planned Commerce District

"R-1" Residence District

"R-2" Residence District

"R-3" Multiple Residence District

"R-4" Reserved for future use

"R-5" Residence District

"Condos" Condominium District

"B-l" Central Business District

"B-2" Highway Business District

"B-3" Community Shopping Center District

"M-l" Restricted Industrial District

"M-2" General Industrial District

"P" Office Park District

"RID" Research-Industrial District.

"PMU" Planned Mixed Use District

(b)

All territory that is annexed into the Village of West Jefferson after [30 days after passage of this ordinance] shall, immediately upon the effective date of annexation, be zoned in the A-1 Agricultural District and shall be subject to the regulations and restrictions applicable thereto. If such territory, at the time of such annexation, encompasses uses prohibited in the A-1 Agricultural District, such uses shall be considered legal nonconforming uses within the meaning of Section 1117.06 herein.

(c)

In any case where property within the Village of West Jefferson has not been included within a zoning district, such property shall be considered to be in the A-1 Agricultural District until otherwise reclassified. Any lawful use of any dwelling, building, structure or land within such property, existing at the effective date of this section, may be continued and such uses shall be considered legal nonconforming uses within the meaning of Section 1117.06.

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

The boundaries of the district are shown upon the map, which is made a part of this Ordinance which map is designated as the "District Map". The District Map and all the notations, references and other information shown thereon are a part of this Ordinance and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described therein, the original of which District Map is properly attested and is on file with the Director of Public Service.

No amendment to this Ordinance, which involves matters portrayed on the official District Map, shall become effective until after such change and entry has been made on said Map.

No change of any nature shall be made on the official District Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance.

Regardless of the existence of purported copies of the official District Map which may from time to time be made or published, the official District Map, which shall be located in the office of the Director of Public Service, shall be the final authority as to the current Zoning status of land and water areas, buildings and other structures.

In the event that the official District Map becomes damaged, destroyed or lost, the Village Council may, by resolution, adopt a new official District Map, which shall supersede the prior official District Map. The new official District Map may correct drafting or other errors or omissions in the prior official District Map, but no such corrections shall have the effect of amending the original ordinance or subsequent amendments thereof.

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

(a)

The district boundary lines on said Map are intended to follow either center lines of streets, alleys or lot lines; and where the districts designated on the Map are bounded approximately by such street, alley or lot lines, the street or alley or lot shall be construed to be the boundary of the district, unless such boundary is otherwise indicated on the Map. In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the zoning District Map or by dimensions.

(b)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of such railroad line.

(c)

Whenever any street, alley or other public way is vacated by official action of the Council of West Jefferson, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

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

The regulations set forth by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided:

(a)

No building, structure or land shall hereafter be used or occupied and no building or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height;

(2)

To accommodate or house a greater number of families;

(3)

To occupy a greater percentage of lot area; or

(4)

To have narrower or smaller rear yards, front yards, side yards or other open spaces than here required, or in any other manner contrary to the provisions of the Ordinance.

(c)

No part of a yard or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this Ordinance shall be included as a part of a yard, open space or off-street parking or loading area space similarly required for any other building.

(d)

No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements.

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

The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Planning and Zoning Commission.

Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership located.

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

(a)

Any lawful use of any dwelling, building, structure or land existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be extended throughout those parts thereof, which were manifestly arranged or designed for such use at the time of adoption of this Ordinance. No non-conforming building or structure shall be moved, extended, enlarged or altered, except when authorized by the Planning and Zoning Commission.

(b)

Whenever the use of a building or land shall become nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued; and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.

(c)

A nonconforming use of a building or land or portions thereof which are hereafter voluntarily discontinued for a continuous period of two (2) years shall not again be used except in conformity with the regulations of the district in which such building or land is located.

(d)

A nonconforming building which has been damaged by fire, explosion, act of God or public enemy, to the extent of more than sixty percent (60%) of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one (1) year of the date of the damage.

(e)

Notwithstanding subsection (d) of this Codified Ordinance, a nonconforming structure used as a dwelling or residence at the effective date of this Ordinance which has been damaged by fire, explosion, act of God or public enemy, to the extent of more than sixty percent (60%) may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one (1) years of the date of damage. Such new building or structure shall not be extended, enlarged, or have its footprint altered from the original nonconforming structure, except when authorized by the Planning and Zoning Commission.

(Ord. 23-024. Passed 3-6-23.)

Nothing contained in this Zoning Ordinance shall affect the validity or effectiveness of an existing Conditional Use Permit issued under the prior Zoning Ordinance.

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

In any district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty (20) feet of the "corner" at a height between two and one-half (2-1/2) and ten (10) feet above the curb or street grade, or so as to interfere with traffic visibility across the corner. Only chain link or other open fabric fence, not to exceed four (4) feet will be permitted within twenty feet (20) of a corner. No vehicles may be parked within twenty (20) feet of any intersection.

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

All residential building permits issued shall require construction to begin within six (6) months of issuance and completion thereof carried on in normal manner within the subsequent twelve (12) month period and not discontinued until completion, except for reasons beyond the builder's control. If construction has not been completed within eighteen (18) months after a building permit was issued, a new building permit will be required to complete the construction.

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

The permitted and conditional uses for each district are shown on the accompanying table. The interpretation of uses given in categorical terms shall be defined in Chapter 1103. Uses not specifically listed or interpreted by the Planning and Zoning Commission to be included categorically under this chapter and Chapter 1135 shall not be permitted except by amendment to the Ordinance.

For all unplatted lands within the Village and land annexed into the Village of West Jefferson after passage of the Basic Zoning Ordinance dated January 21, 1963.

PERMITTED USES

CONDITIONAL USES REQUIRING COMMISSION APPROVAL

* Conditional use for any activity not listed must be recommended by the Planning & Zoning Commission

PMU...Conditional uses to be determined by the Planning and Zoning Board

PUD...Conditional uses to be determined by the Planning and Zoning Board

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

The general purpose of the Parks District (P) and its regulations are established in order to achieve the following purposes:

(a)

To provide opportunities for existing and future outdoor recreational activities;

(b)

To provide opportunities for existing and future outdoor athletic activities;

(c)

To preserve scenic qualities and resources and provide contrast to the built environment;

(d)

To provide adequate opportunities for location of existing and future public utilities, facilities, services or other public or municipal infrastructure or improvements.

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

(a)

Permitted uses of land included in the Parks District shall include:

(1)

Public Access Park or Recreation Areas

(2)

Open Spaces or Nature Reserves

(3)

Hiking or Walking Trails

(4)

Recreational Facilities

(5)

Athletic Fields or Courts

(6)

Playgrounds

(7)

Community Gardens

(8)

Public Parking

(9)

Public Infrastructure or Municipal Improvements

(10)

Any other public uses as approved by the Council

(b)

Uses not specifically identified in Section (a) are deemed to be contrary to the interests of the public health, safety and welfare of the citizens of the Village of West Jefferson and shall be prohibited.

(c)

Incidental uses which are identified in this section as prohibited within this zoning district, but are necessary or significantly related to a permitted use shall be considered conditional and subject to approval by the Planning and Zoning Commission.

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

The following regulations, conditions, and procedures shall apply to the development of properties for permitted and conditional uses in Restricted Industrial Districts:

(a)

General Provisions.

(1)

The owner of a tract of land located in any district at or near a proposed restricted industrial area is shown on the future Land Use Plan, containing not less than five (5) acres may submit to the Planning and Zoning Commission for its review a preliminary plan for the use and development of such tract of land for industrial uses permitted in accordance with the provisions of this Ordinance. The Planning and Zoning Commission shall review the proposal and make recommendations on it to the Council.

(2)

In accepting such plan for review the Planning and Zoning Commission must be satisfied that the proponents of the office or industrial development are financially able to carry out the proposed project, that they intend to start construction within one (1) year of the approval of the project and intend to complete it within a reasonable time as determined by the Planning and Zoning Commission.

(b)

Location and Character of Development.

(1)

The proposed office and industrial development is located so that reasonably direct traffic access is supplied from principal thoroughfares and where congestion will not likely be created by the proposed development or where congestion will be alleviated by presently projected improvements of access thoroughfares, by demonstrable provisions for traffic and parking.

(2)

The plan shall provide for an office or industrial development consisting of one (1) or more buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, which will fit harmoniously into and will have no adverse effects upon the adjoining or surrounding development.

(c)

Permitted Uses. The uses permitted in an "M-1" and "M-2" district shall be those office buildings and industrial and related uses listed in Chapter 1119.

(d)

Regulation. The following regulations shall apply to office and industrial developments in "M-1" and "M-2" districts:

(1)

Building heights. No building shall exceed three (3) stories or forty-five (45) feet in height, except as modified by Section 1137.02.

(2)

Yards. No building shall be less than fifty (50) feet distant from any boundary of the tract on which the office or industrial development is located. Loading and storage shall be permanently screened from all adjoining properties located in any "R" district by a solid wall or compact evergreen hedge at least six (6) feet in height. All intervening spaces between the street pavement and the right-of-way line and intervening spaces between buildings, drives, parking areas and improved areas shall be landscaped with trees and plantings and properly maintained at all times.

(3)

Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate twenty-five percent (25%) of the total area of the lot or tract.

(4)

Parking space. Not withstanding any other requirements of this Ordinance, there shall be provided one (1) off-street space for each two (2) employees on the maximum working shift. Parking areas will not be located closer than twenty-five (25) feet to any adjoining lot line in any "R" or "B" district and shall be set back at least fifty (50) feet from the street right-of-way line. The parking area shall be graded for proper drainage and improved so as to provide a durable and dust free surface with an asphaltic or portland cement binder pavement.

(5)

Loading space. Notwithstanding any other requirements of this Ordinance, there shall be provided off-street loading or unloading space sufficient in area and vertical clearance to accommodate the maximum number of trucks and tractor-trailers anticipated at any one time.

(6)

Access drives and illumination of parking areas. Access drives and illumination of parking areas shall conform to the requirements of Section 1133.04 (d).

(7)

Signs. Signs for office and industrial developments shall be limited to wall-type signs on the principal building except that a small free-standing identification and directional sign not over fifteen (15) square feet in area may be erected at entrances to the office and industrial development. If signs are illuminated, the source of light shall not be visible.

(e)

Submission and Approval of Final Development Plan.

(1)

Upon determination by the Planning and Zoning Commission that the proposed office or industrial development, as shown by the preliminary plan, appears to conform to the requirements of this Section and all other applicable requirements of this Ordinance, the proponents shall prepare and submit a final development plan, which shall incorporate any changes or modifications required or suggested by the Planning and Zoning Commission.

(2)

If the final development plan is found to comply with requirements set forth in this Section 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 proposed development plan.

(3)

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

(4)

After the final development plan has been approved by the 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 the Council.

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

The purpose of this chapter is to provide for the creation of a research-industrial zoning district. The Village of West Jefferson realizes that it is in the best interest of the Village to provide for a research-industrial zoning district, which will allow the proper and beneficial development of large (over 100 acre) sites within the Village, on which a broad range of permitted land uses will be permitted, subject to development standards tailored to meet the needs of a large research complex and its surrounding environment, while preserving and enhancing the health, safety and general welfare of the inhabitants of the Village.

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

The provisions of this chapter shall apply to all lands within the incorporated limits of the Village.

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

(a)

Permitted Uses. Within the Research-Industrial District (RID), the following uses as permitted and described herein, and in the PCD, M-1 and M-2 Districts under this Zoning Ordinance, may be developed subject to the development standards contained herein (a user may combine or mix uses to establish or modify a land use pattern):

(1)

Offices. All office uses permitted in the PCD, M-1 and M-2 Districts, including, but not limited to, administrative, general business, medical, professional or offices used in connection with any other use permitted in the RID District.

(2)

Research and development. Activities in which extant or proposed concepts, systems, programs, living beings and/or tangible goods or materials are subjected to observation and study, and to the actual or possible input of science, technology, testing and/or other applications of outside forces, materials or influences, or of concepts or ideas, for the purpose of attaining knowledge, testing and reporting results, and/or creating new, modified or different hypotheses or products. Permitted research and development activities include, but are not limited to, laboratory activities (applied and basic), field testing, and research for production.

(3)

Manufacturing. The process of creating or assembling items or goods from raw materials, pre-manufactured parts or components, or a combination thereof, including but not limited to the following subcategories of manufacturing processes:

A.

Product development or production in which the input of science, technology, research and other forms of concepts or ideas constitute an element of value added by manufacture;

B.

Research, synthesis, analysis, development and testing, including the fabrication, assembly, mixing and preparation of equipment and components;

C.

Research, design, engineering, testing, diagnostics and pilot or experimental product development, whether the results of the same are the creation of goods or are merely a step in the creation of goods; or

D.

Manufacturing industries (including but not limited to the manufacture, compounding, processing, assembling, packaging or treatment of goods, materials and products).

(4)

Uses consisting of research, design, engineering, testing, diagnostics and pilot or experimental product development not involving manufacturing processes.

(5)

Wholesale business when all products are stored within the building.

(6)

Life science technology and medical laboratories, including, but not limited to, biomedical engineering, biotechnology, genomics, proteomics, molecular and chemical ecology.

(7)

Warehouse or storage activities.

(8)

Service or repair activities.

(b)

Permitted Accessory Uses. The following uses shall be permitted within the RID District when accessory to a principal permitted use and when operated for the benefit of persons engaged in the principal permitted uses on site, including but not limited to researchers, other employees, and invitees, but excluding use by the general public:

(1)

Child day care center subject to the requirements of Ohio R.C. Chapter 5104;

(2)

Dwelling(s) for transient workers rendering services in connection with a principal permitted use within the RID District, together with usual accessory uses, and provided that the maximum period of habitation in a dwelling permitted by this subsection by any person shall be one (1) year;

(3)

Hotel or motel for occupancy by nonresident personnel engaged in temporarily rendering services in connection with a principal permitted use within the RID District, together with accessory uses including, but not limited to, a barbershop, beauty parlor, newsstand, restaurant, bar or cocktail lounge;

(4)

Recreation and recreational facilities; or

(5)

Operation and maintenance of private and public utility facilities and equipment.

(c)

Conditional Uses.

(1)

Since every type of potential use in the RID District cannot be anticipated, this subsection provides a process for addressing uses not specifically listed as a Permitted Use, or as a Permitted Accessory Use.

(2)

In those situations in which a use is not specifically permitted in subsections (a) or (b) above, but in which such use can reasonably be interpreted as similar in character to a use listed in these regulations, the Planning and Zoning Commission may determine that the use is permitted in the RID District.

(3)

The Planning and Zoning Commission shall base the decision on a finding that the proposed use satisfies all of the following:

A.

The proposed use is generally consistent with the purpose of the RID District and with the development intent for the RID District.

B.

The proposed use will not impair the present or potential use of other properties within the RID District in the vicinity.

C.

The operation, scale, and characteristics of the proposed use are no greater than those listed in the RID District, in terms of aesthetics, traffic generated, noise, potential nuisances, and other impacts related to community health, safety and welfare.

(4)

Once a finding of similar use is made, such use shall be subject to all provisions and district regulations in the Zoning Ordinance that apply to Permitted Uses in the RID District.

(5)

The Planning and Zoning Commission's determination shall be in writing and sent to the applicant. The applicant may either appeal the decision to the Planning and Zoning Commission or submit an application for an amendment to the Village Council.

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

(a)

Height. Buildings and structures erected in the RID District shall be subject to the following height limitations:

(1)

No building or habitable structure shall exceed one hundred fifty feet (150') in height, as measured from the grade established at the base of such building or structure;

(2)

Utility structures, including antennae, water storage towers and other nonhabitable structures shall not be erected to a height that creates a "fall zone" for such structure that includes any boundary line of the RID District, or any residential structure within the RID District.

(b)

Yard Requirements.

(1)

Minimum depth of front yard: building/parking - 50 feet;

(2)

Minimum depth of each side yard: building - 50 feet and parking - 25 feet;

(3)

Minimum depth of rear yard: building - 50 feet and parking - 25 feet.

(c)

Lot Requirements.

(1)

A minimum area of one hundred (100) acres is required for the establishment of an RID District. Such acreage may consist of a combination of multiple tax parcels.

(2)

Individual lots. No minimum lot size exists within the RID District, except that each separate lot must meet all other site development regulations established in the RID District including front, side and rear yard requirements.

(3)

Minimum lot frontage: None.

(4)

Maximum lot coverage: 70%.

(d)

Parking.

(1)

Minimum number of parking spaces; one parking space shall be provided for every 1,000 sq. ft. of gross building area, except for a warehouse use where the parking requirement shall be one parking space for every 5,000 sq. ft. of gross building area.

(2)

Parking lot screening: any parking space located within 50 feet of an adjoining property which is in an "R" zoning district shall be screened from that adjoining property by a minimum four feet high mound, wall, landscape, hedge, or any combination thereof.

(3)

The parking area shall be graded for proper drainage and improved so as to provide a durable surface (satisfactory construction materials include, but are not limited to, cement, asphalt, compacted gravel and similar materials).

(4)

Off-street loading or unloading space shall be provided in sufficient area and vertical clearance to accommodate the maximum number of trucks and tractor-trailers anticipated at a building within the RID District at any one time.

(e)

Building Plan Approvals. Building and construction plans for proposed improvements in the RID District shall be subject to the requirements of the Ohio Basic Building Code in effect as of the date such plans are submitted for approval. A copy of all building and site plans shall be submitted to the Building and Zoning Department for their file.

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

(a)

The owner of any tract located within the Village who desires a Research-Industrial District (RID) zoning designation shall apply for a change in zoning pursuant to the Zoning Ordinance of the Village. In the case of property being annexed into the Village, Council may designate the RID District as the appropriate zoning district for such property, effective upon acceptance of such annexation, provided that such property meets the area requirement of Section 1124.04 (c)(1) above.

(b)

Development plans on properties in an RID District are likely to consist of long-term development and construction schedules, later phases of which may be based upon existing or previously approved site plan conditions. Accordingly, the Site Development Regulations applicable at the time an application for an RID District is approved, or at the time the RID District designation is established for annexed property, shall apply in the future development of the property located in such RID District, notwithstanding any subsequent amendments or modifications to the RID District Site Development Regulations adopted by the Village. An owner of property in an existing RID District who wishes to have amended or modified Site Development Regulations may seek a variance, if necessary, to met such amended or modified Site Development Regulations, which amendments may be granted to achieve the purposes for which the RID District exists.

(c)

Once Village Council has approved an application establishing an RID District or designated an annexation property as an RID District, the property owner shall apply to the Village's Zoning Inspector for a Zoning Certificate for each new building, proposed building expansion or development, prior to the commencement of construction. The Zoning Inspector shall approve the application for a Zoning Certificate if the proposed building, expansion or development meets the Site Development Regulations applicable to an RID District that were in existence at the time that the property was designated to be in an RID District.

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

In the event of a conflict between specific provisions of the Zoning Ordinance and the specific provisions of the RID District, the provisions of the RID District shall control. All provisions of the Zoning Ordinance which do not conflict with the provisions of the RID District shall remain applicable to an RID District.

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

A Planned District shall be a zoning district in which unique zoning regulations apply in accordance with this Planning and Zoning Code. The purpose of a Planned District is to allow more flexible use of land than is possible in other zoning districts. A Planned District shall be comprised of a variety of compatible land uses, brought together in a unified development plan that is suitable for the subject property, and preserves and enhances the health, safety, and general welfare of the inhabitants of the Village of West Jefferson.

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

Any Planned District development plan approved by the Village Council prior to the effective date of this Chapter shall continue to be governed by the applicable Village zoning regulations and approved plans that were effective as of the date of the Council's approval. Any new Planned District development plan or modification to an approved development plan shall only be permitted in accordance with this Chapter.

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

(a)

Planned Residential District (PRD).

(1)

Purpose. The Planned residential District (PRD) is intended to promote single-family residential development. The development shall contain amenities that will enhance property values and the quality of life for residents of the development and surrounding properties. Community facilities, recreational areas, and common open space shall be provided as appropriate for the subject property and particular development.

(2)

Permitted Uses.

A.

Single family residential development

B.

Schools and Parks

C.

Churches and other places of worship

(3)

Prohibited Uses. Any use not specifically approved by the Council as part of the development plan.

(b)

Planned Commerce District (PCD).

(1)

Purpose. The Planned Commerce District (PCD) is intended to permit a mix of compatible industrial and commercial uses within a single development. The development shall promote the economic goals of the Village and the quality of life for Village residents.

(2)

Permitted Uses.

A.

Manufacturing and distribution center uses

B.

Offices

C.

Banks

D.

Automotive Sales

E.

Wholesale Businesses

F.

Food Processing Facilities

G.

Restaurants

H.

Retail Sales

I.

Hotels and Motels

J.

Printing and publishing uses

K.

Any other industrial and/or commercial use approved by the Council

(3)

Prohibited Uses. Any use not specifically approved by the Council as part of the development plan.

(c)

Planned Mixed Use Development District (PMU).

(1)

Purpose. The Planned Mixed Use Development District (PMU) is intended to encourage and allow creative planning and development design. The development shall consist of a mixture of compatible land uses, as approved by the Council, that are otherwise not permitted on a single property in any other zoning district.

(2)

Permitted uses. Any use specifically approved by the Council as part of the development plan.

(3)

Prohibited Uses. Any use not specifically approved by the Council as part of the development plan.

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

(a)

All Planned Districts within the Village of West Jefferson shall be approved in accordance with the procedures and requirements set forth in this Chapter.

(b)

A Planned District may only be established on the property within the Village of West Jefferson in one of the following ways:

(1)

The owner[s] of the subject property, or the owner's agent, may follow the procedures set forth in this Chapter to rezone the property to a Planned District.

(2)

The Planning and Zoning Commission may initiate a rezone of property to a Planned District pursuant to Chapter 1107 of this Planning and Zoning Code, without submission or adoption of a development plan. Following the rezone to the Planned District initiated by the Planning and Zoning Commission, the current or subsequent owner[s] of the property, or the owner's agent, may apply to the Village for approval of a preliminary development plan for the property pursuant to the procedures set forth in this Chapter.

(c)

An applicant seeking to establish a Planned District must comply with the following general procedure, as more particularly described in this Chapter:

(1)

Attend a pre-application meeting with appropriate Village staff.

(2)

Apply to the Village for approval to rezone the subject property to a Planned District pursuant to Chapter 1107 of this Planning and Zoning Code. The application shall be on forms prescribed by the Village Director of Development. A preliminary development plan and governing development text shall be submitted as part of the application. If the Council grants the requested rezone, the Council shall simultaneously approve and adopt the preliminary development plan and governing development text (or a modified version thereof). The preliminary development plan and governing development text shall set forth the basic zoning regulations applicable to the subject property moving forward; and shall serve as the basis for a subsequent final development plan and the eventual development of the property.

(3)

Apply to the Village for the approval of a detailed final development plan, which shall be consistent with the approved preliminary development plan and governing development text. Any modification to an approved preliminary development plan and/or governing development text shall only be approved in accordance with the procedures set forth in Section 1125.09 herein.

(d)

The provisions of this chapter shall apply to lands located within the incorporated limits of the Village, however, nothing in this Chapter shall preclude the initiation and processing of a Planned District rezoning under the procedures set forth in this Chapter and any other applicable Chapter[s] while a proposed annexation of a subject property to the Village in pending; however no rezoning shall occur until and unless the annexation of the subject property has been accepted by the Village.

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

(a)

Prior to submitting the application to rezone the property to a Planned District, the applicant shall meet with the Director of Development, Chief Building Inspector, Zoning and Code Enforcement Official, and/or other Village staff designated by the Director of Development, for the purpose of informal discussion about the proposed Planned District and associated development plans, application requirements and Village review procedures. The applicant is encouraged to being a preliminary development plan and governing development text to the meeting to facilitate discussion.

(b)

The applicant shall contact the Director of Development to schedule the pre-application meeting.

(c)

Discussions that occur at the pre-application meeting are for informational purposes only, are not binding on the Village, and do not constitute official assurances or representations on behalf of the Planning and Zoning Commission, the Council, or any other Village Officials.

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

(a)

Governing Development Text.

(1)

General development standards for the Planned District shall be proposed by the applicant in a governing development text, which shall be submitted to the Village along with the preliminary development plan as part of the rezoning application.

(2)

At a minimum, the governing development text shall address the following aspects of the Planned District:

A.

Permitted, conditional, accessory and prohibited uses.

B.

Lot size[s], frontage and coverage.

C.

Minimum setbacks.

D.

Building size[s] and height[s], architectural design, and materials.

E.

Site layout, depicting placement of buildings, structures, and uses.

F.

Parking requirements.

G.

Signage plans.

H.

Major landscaping, screening, and buffer plans and features.

I.

Lighting plans and features.

J.

Any other information the Planning and Zoning Commission or the Council may require.

(b)

Development Plan Requirements. Approved development plans shall contain the following minimum information and comply with the following minimum requirements:

(1)

Location of buildings, structures, and land uses within the development depicting building/structure sizes, heights and setbacks. Improvements and land uses shall be situated in a manner that minimizes any adverse impact on the public and adjacent properties. Depictions of improvement architecture and design shall demonstrate the character and materials of improvements are compatible with one another throughout the development.

(2)

Location of roadway systems (public and private), service areas, parking areas, entrances, exits, sidewalks and other pedestrian walkways within the development, that shall be designed to minimize traffic hazards and congestion, and to promote the safe and orderly flow of vehicular and pedestrian traffic.

(3)

The number and location of access drives, that shall be limited to reduce curb-cuts, cut-through traffic, the incidence of left turns, and any adverse impact on the surrounding properties.

(4)

A comprehensive lighting plan, designed to illuminate parking and other appropriate areas of the development. The plan shall identify proposed lighting style, height and light luminance. Lighting shall eb positioned and designed to minimize light pollution to the satisfaction of the Village.

(5)

Location and substance of landscaping, screening, and buffer features. Adequate landscaping, screening, and buffers shall be constructed to reduce any adverse impact on adjacent properties and ensure adequate privacy for residential buildings and properties within and outside the development.

(6)

Measures to screen rooftop mechanical equipment, and trash and recycling containers from view by public adjacent properties.

(7)

Accommodation and access for fire-fighting and other emergency apparatus.

(8)

Location and amount of common open space throughout the development. Where possible, open space shall preserve and enhance the natural features of the subject property. Public utility and similar easements, rights-of-way for water courses and similar channels, and detention and retention ponds shall not be considered common open space unless a walking trail is constructed around or along the perimeter of the same.

(9)

Grading, drainage, and storm water management plans.

(10)

Common open space, and storm water detention and retention basins and ponds, shall be defined by legal instruments identifying their owner[s] and the party/parties responsible for perpetual maintenance of the same (which shall be the owner, developer, homeowner's association, condominium association or similar entity, as applicable). Common open space designated as a public park, or for a similar recreational use, may be dedicated to the Village, provided the Council has agreed to accept such dedication as part of the preliminary development plan approval.

(11)

Accommodation for utility easements, fire hydrants and sanitary sewers.

(12)

To the fullest extent possible, significant natural features of the subject property shall be preserved, including but not limited to stream beds, mature trees and rock outcroppings.

(13)

All other information and plans required under any other provision of this Chapter, and/or requested by the council or the Planning and Zoning Commission.

(c)

Zoning Regulations for Final Development.

(1)

The rezoning application (as applicable), governing development text, and preliminary and final development plans shall collectively set forth the zoning regulations applicable to the Planned District, and shall serve as the basis for development of the property.

(2)

Zoning regulations set forth in this Planning and Zoning Code with which the Planned District development must ordinarily comply shall apply to the development unless specifically altered by the approved governing development text or development plans.

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

(a)

Contents of Preliminary Development Plan.

(1)

The preliminary development plan and governing text for the Planned District shall be submitted to the Village as part of the rezoning application.

(2)

The preliminary development plan and governing development text shall contain all information requested by the Planning and Zoning Commission and the Council in order for the Village to make an informed decision regarding the appropriateness of rezoning the subject property to the Planned District.

(3)

At the time of the initial rezoning application submission, the preliminary development plan and governing text shall contain the following minimum information:

A.

All information required under Section 1125.06(a) of this chapter.

B.

Lists of permitted and conditional principal and accessory uses in the planned District. All land uses not listed as permitted or conditional shall be deemed prohibited.

C.

Location and size of buildings, structures and land uses within the Planned District.

D.

Maximum density for the subject property.

E.

Arrangement of vehicular, pedestrian and bike right-of-way, depicting access points and general circulation, including intersections, road widths and emergency vehicle access points.

F.

Size and location of common open space areas.

G.

Minimum setbacks for the perimeter of the Planned District, and between different areas and land uses within the Planned District.

H.

Location and size of buffer areas along the perimeter of the Planned District, and between different areas and land uses within the Planned District.

I.

Standards and conservation efforts for the protection of natural features in the Planned District.

J.

Location, size, and designs for improvements to address storm water management, erosion control and flood hazard areas.

K.

Existing utility systems, easements and lists of providers.

L.

Unique development standards for the Planned District, and other unique zoning regulations, that depart from standard regulations set forth in the Planning and Zoning Code with which the property would otherwise have to comply.

M.

Any other information requested by the Planning and Zoning Commission or the Council.

(b)

Preliminary Development Plan Review Process.

(1)

In accordance with Chapter 1107 of the Planning and Zoning Code, the rezoning application, preliminary development plan and governing development text shall first be reviewed by the Planning and Zoning Commission during a public hearing. The Commission shall issue a recommendation to the Council approving, approving with modifications, or denying the rezoning application, preliminary development plan and governing development text.

(2)

The Council shall thereafter review the rezoning application, preliminary development plan and governing development text, along with the recommendation of the Planning and Zoning Commission with respect to the same, during a public hearing of the Council. The Council shall issue a final decision approving, approving with modifications, or denying the rezoning application, preliminary development plan and governing development texts.

(3)

With the approval of the Council, zoning regulations applicable to the Planned District may deviate from standard regulations with which the subject property would otherwise have to comply under the Planning and Zoning Code.

(4)

The Council may impose conditions on its approval of the rezoning application, preliminary development plan and governing development text that the Council deems necessary for the protection of the public health, safety and general welfare.

(5)

If the rezoning application is approved, the preliminary development plan and governing development text, as approved by the Council, shall collectively set forth the basic zoning regulations applicable to the Planned District, and shall serve as the basis for the final development plan and eventual development of the property, subject to the Village's subsequent approval of the final development plan.

(c)

Review Criteria for Preliminary Development Plan. The Planning and Zoning Commission and the Council shall review the preliminary development plan and governing development text with reference to the following criteria when determining whether the Planned District rezoning application should be approved:

(1)

The preliminary development plan and governing development text provide all information and plans required by this chapter, the Planning and Zoning Commission, and the Council.

(2)

The preliminary development plan and governing development text are consistent with the spirit and intent of the Planning and Zoning Code, Village Comprehensive Plan, and other applicable Village programs, plans and regulations.

(3)

The maximum density of the Planned District and the intensity of proposed land uses therein are appropriate for the subject property and will not be detrimental to surrounding properties or public life.

(4)

The internal rights-of-way within the Planned District appropriately interconnect with exterior road systems, and are adequate in number, size, location and design to carry anticipated traffic to and from the development. The Village may require the applicant to produce a traffic impact study, an environmental impact study, or other development related study of the impact to surrounding properties and communities during the review process.

(5)

The proposed size, location, and designs for improvements in the Planned District to address storm water management, erosion control and flood hazard areas are adequate and appropriate to meet the needs fo the development and protect surrounding properties.

(6)

The Planned District provides adequate and appropriate common space areas to serve residents and other users of the development.

(7)

The preliminary development plan and governing development text comply with all applicable federal, state, and local laws, regulations and rules, and address all requirements and comments from governmental agencies and departments with authority over the development, or entities the Village has otherwise requested feedback with respect to the development.

(8)

The development is compatible with adjacent properties and land uses.

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

(a)

Contents of Final Development Plan. The final development and shall contain the following minimum information:

(1)

All information required under Sections 1125.06 and 1125.07 of this chapter.

(2)

All information requested by the Planning and Zoning Commission and the Council during the initial rezoning and preliminary development plan review process.

(3)

All executed legal instruments identifying the owner(s) and the party/parties responsible for perpetual maintenance of common open space, storm water detention and retention basins and ponds within the development. Such owners shall be the property owner, developer, homeowner's association, condominium association or similar entity, as applicable.

(4)

Architectural drawings and renderings displaying the designs, facades and materials for proposed buildings, structures, and other improvements, with sufficient detail to show the exterior designs, character, color scheme and general elements thereof.

(5)

Proposed utilities serving the development, and the location of utility easements.

(6)

If applicable, a project phasing plan identifying the separate phases of the development and a schedule for development of each phase.

(7)

If required for the development, a final subdivision plat shall be submitted for review and approval in accordance with the Planning and Zoning Code simultaneously with the final development plan.

(b)

Final Development Plan Review Process. The Planning and Zoning Commission shall review the final development plan in accordance with this chapter and issue a final decision approving, approving with modifications, or denying the final development plan.

(c)

Review Criteria for Final Development Plan.

(1)

The final development plan and governing text provide all information and plans required by this chapter, the Planning and Zoning Commission and the Council.

(2)

The plan is consistent with the the approved preliminary development plan and governing development text, and satisfies all requirements and conditions established by the Village during the rezoning and preliminary development plan review process.

(3)

The final development plan and governing development text are consistent with the spirit and intent of the Planning and Zoning Code, Village Comprehensive Plan, and other applicable Village programs, plans and regulations.

(4)

The location, arrangement, size, placement, design, and other plans for buildings, structures, improvements, signage, parking, lighting, landscaping, utilities, screening and buffering features for the development are sustainable, aesthetically pleasing and consistent with the Village's standards for development within its corporate boundaries, as determined by the Planning and Zoning Commission and the Council within their discretion.

(5)

Adequate lighting is provided for safe and convenient use fo rights-of-way, walkways, driveways and parking areas within the development without unnecessarily emitting light onto adjacent properties or causing light pollution.

(6)

Adequate landscaping, buffering, and screening is provided to enhance the development, maintain existing trees and other natural features on the property to the extent possible, protect surrounding properties and the public, and comply with all regulations established for the development by the Village.

(7)

The plan complies with all applicable federal, state, and local laws, regulations and rules, and addresses any requirements and comments from the governmental agencies and departments with authority over the development, or entities the Village has otherwise requested feedback with respect to the development.

(8)

If the development is to be carried out in progressive phases, it shall remain compliant with all applicable conditions and requirements during each development phase and through completion of the project.

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

(a)

Modifications. Any requested modification to an approved preliminary development plan, final development plan and/or governing development text shall be submitted to the Zoning and Code Enforcement Official. The Zoning and Code Enforcement Official shall determine whether the modification constitutes a major or minor modification.

(b)

Major Modifications.

(1)

Major modifications to an approved development plan or governing development text shall be reviewed in accordance with the review procedures for preliminary development plans set forth in Section 1125.07 of this chapter.

(2)

Major modifications shall include but not be limited to the following:

A.

An increase in density or intensity.

B.

Any addition to the list of permitted or conditional uses in the Planned District.

C.

Changes in the size or location of common open space or any land use in the Planned District.

D.

Changes to the Planned District boundaries.

E.

Changes to the arrangement or circulation of internal rights-of-way in the Planned District.

F.

Any changes that may negatively impact public safety or surrounding properties, as determined by the Zoning and Code Enforcement Official in their discretion.

(c)

Minor Modifications.

(1)

Any modifications not deemed to be a major modification shall be considered a minor modification. The Zoning and Code Enforcement Official may administratively review an application for a minor modification to an approved development plan or governing development text. The Zoning and Code Enforcement Official shall approve any minor modification that they determine: (i) will not be detrimental to the public health, safety or general welfare; (ii) will not have a detrimental impact on surrounding properties; and (iii) will not reduce the quality of the development.

(2)

The Zoning and Code Enforcement Official may elect to submit an application for a minor modification to the Planning and Zoning Commission for review and decision. The Planning and Zoning Commission shall consider the application at a public hearing during a public meeting of the Commission. The Planning and Zoning Commission shall approve any minor modification it determines: (i) will not be detrimental to the public health, safety or general welfare; (ii) will not have a detrimental impact on surrounding properties; and (iii) will not reduce the quality of the development.

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

Upon request by the applicant, the Village may review a rezoning application, preliminary development plan, final development plan, and/or governing development text concurrently, provided the applicant meets all submission requirements set forth in Sections 1125.06 and 1125.08 of this chapter. All applications and plan submissions shall be reviewed by the Planning and Zoning Commission and the Council in accordance with the review procedures set forth in Section 1125.07 of this chapter.

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

The height, lot area and floor area requirements for the location and erection of buildings on any lot or tract of land are established and shown on the accompanying table. Height, lot area, floor area, and depth of yard, minimum requirements for all unplatted lands currently within the Village and lands annexed into the Village of West Jefferson after passage of this Ordinance. All minimum floor areas shall be exclusive of basements, porches, patios and garages.

(a)

Residential Uses.

* Planned Residential District Plan, alternative to Village water and sewer system will be considered on a case-by-case basis with necessary approval of Madison County Board of Health and/or Ohio EPA. Provisions must be made for fire hydrants, sanitary and surface drainage with engineering feasibility studies or other evidence of reasonableness.

** +100 sq. ft. for each bedroom over one.

*** Three units per gross acre; masonry exterior (brick or stucco) or other approved masonry product (exception—no exposed cement block wall structure); one story ranch style, maximum height 35 feet, no basement; street construction minimum City of Columbus standards (drawing 2100A without curb and gutter) unless Village Engineer specifies otherwise; no on street parking.

(b)

Business and Industrial Uses.

*1  Maximum height permitted for any residential structure is thirty-five (35) feet.

*2  A front yard of sixty (60) foot depth shall be required for all lots fronting on federal or state highways.

*3  No side yard shall be required, except that a side yard of not less than twenty (20) feet in width shall be provided on the side of the lot adjoining a residential district.

*4  A rear yard of not less than twenty (20) feet in a B-1 and not less than fifty (50) feet in a B-2 district and one hundred (100) feet in an M-1 District is required where a lot abuts upon a residential district. See Section 1137.05 for exceptions.

*5  A side yard of not less than one hundred (100) feet is required where a lot adjoins a residential district. See Chapter 1137 for exceptions.

*6  No residence permitted.

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

(a)

Regulations of condominiums are intended to provide developers/builders a forum to preserve the quality of residential life for residents and to protect residential areas from uses which are not residential in nature. Except as follows below, all regulations contained in the section governing Residential Uses shall remain in effect.

(b)

The rules and regulations governing condominiums contained herein shall apply within the corporate limits of the Village of West Jefferson.

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

"Condominium" means a form of real property ownership in which a declaration has been filed submitting the property to the condominium form of ownership and under which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit and an undivided ownership interest with the other unit owners in the common elements of the condominium property.

(a)

Refer to Chapter 1103 (Definitions) and 1171 (General Provisions) in the Codified Ordinance.

(b)

Condominium Property: All real and personal property submitted, including land, the buildings, improvements, and structures on that land.

(c)

Unit Owner: Every condominium property shall be administered by a unit owners association. The unit owners association shall be governed by bylaws.

(d)

Residential Unit: The designated part of the condominium property that is devoted in whole to use as a residential dwelling.

(e)

Common Uses: Common buildings and uses in association with permitted dwellings as specified and approved such as a common meeting area, recreational facilities, etc.

(f)

Condominium Instruments: The declaration and accompanying drawings and plans, the bylaws of the unit owners association, the condominium development disclosure statement, any contracts pertaining to the management of the condominium property, and any other documents, contracts, or instruments establishing ownership of or exerting control over a condominium property or unit.

(g)

Developer/Builder: Any person who directly or indirectly sells or offers for sale condominium ownership interests in a condominium development. "Developer" includes the declarant of a condominium development and any successor to that declarant who stands in the same relation to the condominium development as the declarant.

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

Refer to Section 1173.01.

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

Filing shall be done by the developer. (Refer to Section 1173.02.) A fee shall accompany submittal. See the current fee schedule at the Director of Public Service's office.

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

Refer to Section 1173.04.

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

The contents of the Site Development Plan are as follows:

(a)

The general location of the development.

(b)

The name under which the proposed development is to be recorded and the names and addresses of the subdivider, the owners, and of the registered engineer, or registered surveyor, platting the tract. The proposed name of the development shall not duplicate the name of any other subdivision already in use in Madison County.

(c)

The location of present property, section and Congressional Township Lines, U.S. Survey and lines of incorporated areas, streets, building, watercourses, sinkholes, tree masses and other similar existing features within the area to be subdivided and on property immediately adjacent thereto.

(d)

The names and boundaries of all adjoining subdivisions and the names of the record owners of adjoining parcels of unsubdivided land.

(e)

The zoning district or districts that affect the property to be subdivided.

(f)

North "arrow" point, scale, date, and acreage.

(g)

Existing contours with intervals of five (5) feet where the slope is greater than ten percent (10%) and not more than one (1) foot where the slope is less than ten percent (10%). Elevations shall be based upon sea level datum. The location of bench marks and their elevation, and all other monuments shall also be shown.

(h)

The proposed location, name of streets, building lines and easements and the approximate area of units in square feet.

(i)

Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets. Street names shall not be duplicated within the County.

(j)

The boundaries of the property with accurate distances and bearings and the lines and extent of all proposed streets with their width and names and any other areas intended to be dedicated to public use.

(k)

All survey monuments and bench marks together with their descriptions.

(l)

When lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the width of the lot at the building line shall be shown.

(m)

Title and description of property to be developed showing its location and extent, point of compass, scale of plan, and name of development and certificate of registered land surveyor that the plan represents a survey made by him and that the results of said survey are correctly shown thereon.

(n)

A certificate shall accompany the final plan showing that all taxes due shall have been previously paid and a certificate of title or photo copy thereof shall be submitted for inspection.

(o)

The final plan is to be drawn at a scale of one-hundred (100) feet or less to the inch from an accurate survey and on one (1) or more sheets whose dimensions are twenty-four (24) inches by thirty-six (36) inches. In certain unusual instances where the developed area is of unusual size or shape, the Planning and Zoning Commission may permit a variation in the scale or size of the final plan.

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

(a)

Prior to any development, the builder(s) must have an approved EPA storm water pollution prevention plan that must be approved by the Village engineer.

(b)

Must provide site engineering plan(s) showing all proposed and existing storm lines, retention solutions, calculations, fire hydrants, and sanitary drainage for approval by the Village engineer and other federal agencies they feel are necessary or required for a safe, healthy, working and compatible system.

(c)

Concrete aprons, with curbs, will be minimum of twenty-six (26)-feet wide and will adhere to the current specifications of the Village.

(d)

Turning lanes, if required, will be minimum of twelve (12)-feet wide.

(e)

Driveways from the street to the unit(s) will be a hard surface that adheres to the current specifications of the Village and must be of a minimum width of twenty-six (26)-feet wide.

(f)

Down-spouts shall be required and must be connected to an underground pipe that carries the water to a storm sewer at the street, if available, or to a retention/detention pond-system.

(g)

The density per acre to be three (3) dwelling units per acre. Units may be either one (1)-story or two (2)-story units.

(h)

Each unit to have a two (2) car garage attached.

(i)

Exteriors to be brick, stone, or "hardy" plank siding with no exposed concrete block.

(j)

The size of each unit is to be a minimum of fifteen hundred (1500) square feet.

(1)

Garages are not included in the square footage of a unit;

(2)

A basement (if applicable) shall not be included in the minimum square footage requirement.

(k)

The distance between units must be at least forty (40) feet.

(l)

Refer to Part Eleven, Title Three and Title Five of the Codified Ordinance (2009) for additional requirements.

(m)

Entrance gates, posts, columns, walls, fences or similar structures designed to indicate entrances to condominium or parts thereof, and signs designating developments, will be permissible either on public or private property, provided both the Planning and Zoning Commission and the Village Council determine that the structures are to be desirable. In no case will such approval be given unless provision is made, satisfactory to the Village Council, for proper location and maintenance of such structures.

(n)

Finish floor of units must be sixteen (16)-inch minimum above the finish grade of the street.

(o)

All streets must have curbing.

(p)

Must provide four (4)-feet wide concrete sidewalks along both sides of all designated streets within the condominium developments.

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

Any changes or modifications to any specifications listed above or in the section regulating residential uses must be presented to the Planning and Zoning Commission.

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

(a)

The site development plan shall be deemed submitted to the Planning and Zoning Commission within fifteen (15) working days following the filing of said plan with the Clerk of Council as provided.

(b)

Under Section 9.04, Village Charter, "Any mailer 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."

(c)

If the Planning and Zoning Commission shall fail to act within the ninety (90) days, the applicant seeking action on the mailer referred to the Planning and Zoning Commission may request the Council to act thereon without actions 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 recommendation of approval in such matters.

(d)

Receipt of such signed copy is authorization for the developer to proceed with the preparation of detailed plans and specifications for the minimum improvements required in this chapter, and with the preparation of the final plan. Prior to the construction of any improvements required or to the submission of any bond, the developer shall furnish the Council all plans, information and data necessary for said improvements. These plans shall be examined by the Council and will be approved if in accordance with the requirements of this chapter. Following this approval, construction can be started or the amount of the bond determined as provided.

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

(a)

If the Planning and Zoning Commission disapproves such plan, it shall enter in its minutes the reason for such disapproval, including citation of or reference to the rule or regulation violated by such plan. The developer/builder may thereafter make changes as he deems necessary to conform the plan to the rules and regulations and resubmit the same as revised to the Planning and Zoning Commission for approval or disapproval. The revised plan shall be processed within the times and in the manner provided in this section.

(b)

Within ninety (90) days after the disapproval of a plan by the Planning and Zoning Commission, or within ninety (90) days after its disapproval of a revised plan, if a revised plan shall have been submitted, an appeal shall be filed with the Village Council with a possible submission to the Court of Common Pleas of Ohio, as provided in Section 711.09 of the Revised Code of the State of Ohio.

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

(a)

Upon approval of the site development plan, the Planning and Zoning Commission shall submit one (1) copy thereof to the Council for approval or disapproval. Failure of Council to approve or disapprove the site development plan at a regular meeting, occurring within thirty (30) days following submittal of said plan to Council, shall be deemed to constitute approval of the site development plan by Council, unless a further delay is agreed to by the developer.

(b)

Approval by Council of the site development plan shall constitute approval of the layout of the streets shown thereon, and shall evidence Council's intention to accept the dedication of the same upon approval by the Planning and Zoning Commission.

(c)

Council's approval shall confer upon the developer/builder the right for a one-year period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these regulations.

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

Within five (5) days after the confirmation of the site development plan has been filed, a copy thereof shall be transmitted to the Village Engineer who will check said plan to determine if the plan conforms to the plan as approved. If said plan does so conform, the Village Engineer shall forward said plan to the Madison County Review Board. The Board shall review the final plan and forward it from the Village Engineer to the Village of West Jefferson Director of Public Service, along with their advice and opinions concerning the said plan. The Village Engineer shall send with the plan a certificate showing: (a) that the technical details of the plan have been checked and that said plan conforms in all essential respects to the plan, and (b) that all required improvements have been satisfactorily completed, or that security has been given for the making of such improvements as provided by these regulations. Following their approval and designation of such by signature of the Director of Public Service, the Director of Public Service shall forward the plan to the Planning and Zoning Commission.

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

Whenever the strict enforcement of this chapter would entail unusual, real and substantial difficulties or hardships, the Planning and Zoning Commission and Council may vary or modify the terms in such a way that the developer is allowed to plan and develop his property, record a plat of same and make necessary improvements without unjust difficulties and hardships if, at the same time, the public interests of the Municipality are fully protected and the general intent and purposes of the regulations preserved.

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

(a)

Amendments - See Title One, Chapter 1105.

(b)

No building permits shall be issued for any structure located on a lot in any condominium plan which has been prepared after the date of the adoption of this chapter which has not been approved in accordance with the provisions contained herein.

(c)

Penalties: See Chapter 1105

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