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West Unity City Zoning Code

CHAPTER 1169

Amendments

1169.01 GENERAL.

   Whenever the public necessity, convenience, general welfare, or good zoning practices require, Village Council may by ordinance after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
(Ord. 411. Passed 12-4-75.)

1169.02 INITIATION OF ZONING AMENDMENTS.

   (a)   Amendments of the Zoning Ordinance may be initiated in one of the following ways:
      (1)   By adoption of a motion by the Planning Commission;
      (2)   By adoption of a resolution by Village Council;
      (3)   By the filing of an application of at least one owner or lessee of property within the area proposed to be changed or affected by said amendment.
         (Ord. 411. Passed 12-4-75.)

1169.03 CONTENTS OF APPLICATION.

   (a)   Applications for amendments to the Official Zoning Map shall contain at least the following information:
      (1)   Name, address, and phone number of applicant;
      (2)   Proposed amending ordinance, approved as to form by the Village Legal Advisor;
      (3)   Present use;
      (4)   Present zoning district;
      (5)   Proposed use;
      (6)   Proposed zoning district;
      (7)   A vicinity map at a scale approved by the Zoning Inspector showing property lines, thoroughfares, existing and proposed zoning and such other items as the Zoning Inspector may require;
      (8)   A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) proposed to be rezoned and others that may have residential interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;
      (9)   A statement on how the proposed amendment relates to the comprehensive plan;
      (10)   A fee as established by Village Council, according to Section 1161.02
   (b)   Applications for amendments proposing to amend, supplement, change, or repeal portions of the Zoning Ordinance other than the Official Zoning Map shall include items listed in subsection (a)(1), (2), (9) and (10).
(Ord. 411. Passed 12-4-75.)

1169.04 TRANSMITTAL TO PLANNING COMMISSION.

   Immediately after the adoption of a resolution by Council or the filing of an application by at least one owner or lessee of property, said resolution or application shall be transmitted to the Commission.
(Ord. 411. Passed 12-4-75.)

1169.05 SUBMISSION TO DIRECTOR OF TRANSPORTATION.

   Before any zoning amendment is approved affecting any land within three hundred feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of Transportation, or within a radius of five hundred feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of Transportation. The Commission may proceed as required by law, however, the Village Council shall not approve the amendment for one hundred twenty days from the date the notice is received by the Director of Transportation. If the Director of Transportation notifies the Village that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty day period or any extension thereof agreed upon by the Director of Transportation and the property owner, the Village Council shall proceed as required by law.
(Ord. 411. Passed 12-4-75.)

1169.06 RECOMMENDATION BY PLANNING COMMISSION.

   Within sixty days from the receipt of the proposed amendment, the Planning Commission shall transmit its recommendation to Council. The Planning Commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment request, or it may recommend that the amendment be denied.
(Ord. 411. Passed 12-4-75.)

1169.07 PUBLIC HEARING BY COUNCIL.

   Upon receipt of the recommendation from the Planning Commission, Council shall schedule a public hearing. Said hearing shall be not more than ninety days from the receipt of the recommendation from the Planning Commission.
(Ord. 441. Passed 3-2-78.)

1169.08 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   At least thirty days notice of the public hearing required by Section 1169.07 shall be given by Council by publication in a newspaper of general circulation in the Village of West Unity for not less than two nor more than four consecutive weeks. The notice published shall set forth the time and place of the public hearing and a summary of the proposed amendment.
(Ord. 411. Passed 12-4-75.)

1169.09 NOTICE TO PROPERTY OWNERS BY COUNCIL.

   If the proposed amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail, at least twenty days before the day of the public hearing to all owners of property within, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the address of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by Council. The failure to deliver the notification, as provided in this chapter shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1169.08.
(Ord. 411. Passed 12-4-75.)

1169.10 ACTION BY VILLAGE COUNCIL.

   Within ninety days after the public hearing required by Section 1169.07, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. No ordinance, measure or regulation which violates, differs from, or departs from the plan or report submitted by the Planning Commission shall take effect unless passed or approved by not less than three-fourths of the membership of Council. No ordinance, measure or regulation which is in accordance with the recommendations, plan or report submitted by the Planning Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council.
(Ord. 441. Passed 3-2-78.)

1169.11 ANNEXATION.

   All land annexed to the Village subsequent to the adoption of the Zoning Ordinance shall remain subject to the previous County or Township zoning district until such time as the Official Zoning Map is amended according to the provisions of the Zoning Ordinance. All land annexed to the Village which, prior to the annexation, is not subject to County or Township zoning shall remain unzoned until the Official Zoning Map is amended according to the provisions of the Zoning Ordinance.
(Ord. 411. Passed 12-4-75.)

TABLE I DISTRICT REGULATIONS FOR RESIDENTIAL BUILDINGS

District
Minimu m Lot Area (Sq. Ft.) Per Unit
Lot Size Width
Set Back Front Yard Dimens ions
Set Back Side Yard Dimens ions
Set Back Rear Yard Dimens ions
Lot Covera ge Max
Height Max
Minimu m Floor Area per Dwellin g Unit (Sq. Ft.)
R-1 Single Family
11,500
80'
30'
12'
12'
30%
32'
950
R-1 Two- Family
5,750
100'
30'
12'
12'
30%
32'
800
R-2 Single Family
8,712
66'
30'
6'
6'
30%
50'
900
R-2 Two Family
4,356
66'
30'
6'
6'
30%
50'
720
R-2 Multipl e Family
4,000
66'
30'
8'
8'
25%
50'
600
C-1, C- 2 Single Family, Two Family, Multipl e Family
Same as
R-2
Same as
R-2
Same as
R-2
Same as
R-2
Same as
R -2
Same as
R-2
Same as
R-2
Same as
R-2
M-1, M-2 Prohibit ed
 
 
 
 
 
 
 
 
 
(Approved by motion of Council 5-28-09.)

TABLE 2 DISTRICT REGULATIONS FOR ALL BUILDINGS OTHER THAN DWELLINGS

 
 
District
Minimum Lot Area (Sq. Ft.)
Lot Width
Front Yard Dimensions
Each Side Yard Dimensions
Rear Yard Dimensions
Lot Coverage Max.
Max. Height
S-1
217,800
500'
30'
20'
30'
30%
No Restrictions
R-1
11,500
80'
30'
12'
12'
30%
32'
R-2
8,712
66'
30'
5'
5'
45%
50'
C-1
None
None
None
None
None
85%
45'
C-2
22,500
150'
30'*
15'
25'
50%
45'
M-1, M-2
None
None
30'*
15'
25'
50%
75'
 
* Where fronts on State Highway, front shall be two times the requirement.
(Approved by motion of Council 5-28-09.)