Whitehall City Zoning Code
TITLE ONE
Introduction and Using This Ordinance
1101.01 TITLE.
This Code shall hereinafter be known and cited as "The City of Whitehall Planning and Zoning Code," and hereinafter referred to as the/this "Code" or "these regulations".
(Ord. 081-2023. Passed 10-3-23.)
1101.02 ADOPTION AND EFFECTIVE DATE.
This Zoning Code is made a part of Ordinance 081-2023 and shall become effective from and after the date of its approval and adoption October 3, 2023.
(Ord. 081-2023. Passed 10-3-23.)
1101.03 PURPOSE AND INTENT.
(a) The application of this Zoning Code aims to achieve the following objectives:
(1) Achieve the land use goals set out in the City's Comprehensive Plan and other adopted long-range plans.
(2) Accommodate growth and foster vibrancy and resiliency for residents, businesses, and institutions, and organizations.
(3) Conserve and enhance the City's environment.
(4) Conserve property values throughout Whitehall.
(5) Ensure adequate space for commercial, industrial, residential, and civic uses and activities, and facilitate harmonious and complementary interaction between these activities.
(6) Promote equal opportunity to realize the benefits of living in the City of Whitehall.
(b) Comprehensive Plan.
(1) A Comprehensive Plan ("Plan") sets out community objectives pertaining to land use and acts as a policy guide for City zoning regulations.
(2) The Code should be updated in accordance with periodic updates to the Plan to effectively reflect the Plan and community objectives.
(Ord. 081-2023. Passed 10-3-23.)
1101.04 APPLICABILITY.
(a) When interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience, and general welfare. This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of laws or ordinances or any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to law regulating the use of buildings or premises. However, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations, the provisions of this Zoning Code shall control.
(b) In the case of any conflict or inconsistency between two (2) or more provisions of this Code (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a base district) or any other City, State, or Federal ordinance, regulation, or standard, the provision which imposes the greater or higher or more restrictive standard shall control.
(c) Except as shall be expressly provided for in this Code, the adoption of this Code shall not:
(1) Nullify or make void any action pending under, or by virtue of, any prior zoning code or subdivision code.
(2) Discontinue, nullify, void, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning code or subdivision code.
(3) Affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning code or subdivision code.
(4) Waive any right of the City under any section or provision of any prior zoning code or subdivision code.
(5) Vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the City under, or by virtue of, any prior zoning code or subdivision code.
(Ord. 081-2023. Passed 10-3-23.)
1101.05 INVALIDITY/SEVERABILITY.
(a) Invalidity. If for any reason any one or more articles, sections, sentences, clauses, or parts of this Zoning Code are held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Zoning Code but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this Zoning Code held invalid.
(b) Severability. The invalidity of any section, sentence, clauses, or parts of this Zoning Code in any one or more instances shall not attest or prejudice in any way the validity of this Zoning Code in any other instance.
(Ord. 081-2023. Passed 10-3-23.)
1101.06 DISTRICTS AND MAP.
(a) The City is divided into districts as shown on the Zoning Map, which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this Code.
(b) The Zoning Map shall be located in the office of the Service Department of Whitehall, and on the City's official website, and this map shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the City.
(c) No changes of any nature shall be made in the Zoning Map or matter shown thereon except in accordance with the procedures set forth in Title Six - Administration and Procedures of this Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Code and punishable as provided under this Code.
(d) The following districts are hereby established for the corporate limits of the City of Whitehall, and land within said areas shall be designated on the Zoning Map by the following symbols:
Table 1101.06 ZONING MAP DESIGNATIONS | |
District or Overlay Name | Symbol |
Single- and Two-Unit Residential District | (STUR) |
Multi-Unit Residential District | (MUR) |
Broad Street District | (BRD) |
Main Street District | (MAIN) |
South Hamilton District | (SH) |
Yearling Road District | (YEAR) |
Community Crossroads District | (CCD) |
Military/Office District | (MILO) |
Industrial District | (INDD) |
Planned Unit Development | (PUD) |
Floodplain Overlay | (FP) |
(Ord. 081-2023. Passed 10-3-23.)
1101.07 RULES FOR INTERPRETING DISTRICT BOUNDARIES ON ZONING MAP.
(a) Unclear District Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, as shown on the Zoning Districts Map, the provisions within this Section shall apply.
(b) Where boundaries approximately follow streets, alleys, or highways. Where district boundaries are indicated as approximately following the center line or right-of-way line of streets, the center line or alley line of alleys, or the center line or right-of-way lines of highways, such lines shall be construed to be such district boundaries.
(c) Where boundaries parallel street right-of-way lines, alley lines, or highway rights-of-way. Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Map.
(d) Boundaries Following Lot Lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(e) Vacation of Public Rights-of-way. Whenever any street or public way is vacated in the manner authorized by law, the zoning districts adjoining each side of the street or public way shall be automatically extended to the center of such vacations and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.
(f) Lots Divided by District Boundaries. Where a district boundary line divides a lot that was in single ownership at the time of passage of this Code, the Planning Commission may permit the extension of the regulations for either portion of the lot beyond the district line into the remaining portion of the lot.
(Ord. 081-2023. Passed 10-3-23.)
1101.08 RULES OF MEASUREMENT AND CALCULATION.
(a) Measuring Distance. When measuring a required distance, such as the minimum distance between a structure and a particular lot line, the measurement is made at the closest or shortest distance between them.
(b) Lot or Yard Dimensions.
(1) No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum or above the maximum requirements set forth herein.
(2) Yards or lots created after the effective date of this Code shall meet at least the minimum, and shall not exceed the maximum, requirements established by this Code.
(c) Measuring Setbacks.
(1) The front street setback is measured at a right angle from the right-of-way line to the closest point of the primary structure that is not deemed to be a permitted encroachment.
(2) Where a lot extends through the block from street to street, the required front yard must be provided along each street unless a variance is granted.
(3) The side street setback is measured at a right angle from the side street right-of-way line.
(4) The rear setback is measured at a right angle from the rear lot line or the rear right-of-way or easement line where there is an alley. The rear lot line is the lot line opposite the front street lot line. Where there is more than one front street, the Director of Public Service will determine the rear lot line.
(5) All lot lines which do not front a street, side street, or rear lot lines are considered side interior lot lines. Setbacks from such lot lines shall be measured at the closest or nearest point of the primary structure to the lot line.
(6) The Director of Public Service will determine setbacks for irregularly shaped lots.
ILLUSTRATION: MEASURING SETBACKS
(d) Determining Average Grade. Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the front street setback line.
ILLUSTRATION; DETERMINING AVERAGE GRADE
(e) Height Measurement. Building height is measured as the distance between a horizontal line at the average existing predevelopment grade of the lot directly beside the structure, and the highest point of the coping of a flat roof, the top of a mansard roof, the midpoint of any pitched gable, hip, or the upper portion of a gambrel roof, or measured between the top floor ceiling and the peak of the roof on an "A" framed structure.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1101.09 RULES OF INTERPRETATION.
(a) Definition of Words.
(1) For the purposes of this Code, terms, phrases, words, and their derivations shall have the meanings given herein.
(2) Words not defined in this Code are interpreted in accordance with their usual dictionary meaning and customary usage.
(b) Word Tense. When not inconsistent with the context, words used in the present tense include the future tense.
(c) Plural and Singular Words. Where the context requires, words in the plural number include the singular number. Words in the singular number include the plural number.
(d) Capitalized Terms. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this code.
(e) Mandatory or Permissive Words. The words "shall" and "will" are mandatory. The word "may" is permissive.
(f) Reference to Other Regulations or Manuals.
(1) References to "Administrative Code" shall mean the Administrative Code of the Codified Ordinances of Whitehall, Ohio.
(2) All references to other regulations or manuals in this Code refer to the most current version and citation for those regulations or manuals, unless expressly indicated otherwise.
(3) When the referenced regulations or documents have been repealed and not replaced by other regulations or manuals, Code requirements for compliance are no longer in effect.
(g) Illustrations. Illustrations, diagrams, and flowcharts are included in this Code to illustrate the intent and requirements of the text. In the case of a conflict between the text and any illustration, diagram, or flowchart, the text controls.
(h) Rounding Fractions. Except as otherwise noted, any fraction greater than or equal to 0.5 will be rounded up to the nearest whole number. Any fraction less than 0.5 will be rounded down to the nearest whole number.
(i) Collective Terms. Specified terms shall be interchangeable with other terms per the provisions below:
(1) The word "person" includes a firm, association, organization, partnership, trust, limited liability company, corporation, or other legal entity, as well as an individual.
(2) The words "used" or "occupied" include the words "intended," "designed," "constructed," "altered," or "arranged" to be used or occupied.
(3) The word "lot" includes the words "plot," "tract," or "parcel."
(4) The terms "standards," "regulations," and "requirements" are used to mandate a specific course of action or built outcome.
(j) Use of Conjunctions. Where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows:
(1) "And" indicates that all the connected items, conditions, provisions or events shall apply.
(2) "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(3) "Either ... or" indicates that all the connected items, conditions, provisions or events shall apply singly but not in combination.
(k) Headings. Headings are provided for ease of use and organization and shall not be interpreted as regulatory.
(l) Interchangeable References. References to "zoning certificate" and/or "zoning permit" shall be interchangeable with one another.
(m) References to Director of Public Service. References to "Director of Public Service" shall include any designees or authorized representatives of the City of Whitehall Service Department.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)
1101.10 HOW TO NAVIGATE THIS CODE.
(a) Step One. Locate your property and applicable district on the Zoning Map.
(b) Step Two. Locate the applicable district or overlay regulations within Title Two - Districts. These standards include permitted building types, permitted frontage types, and standards for building placement, site design, parking placement, and uses.
(c) Step Three. Determine if any additional regulations apply to a given use in Title Three - Uses and if any additional regulations apply to a given development element of interest (e.g., parking areas, signs, landscaping, fencing, and lighting, among others) in Title Four - Generally Applicable Regulations. These regulations are supplemental to the regulations in Title Two - Districts, applicable to districts and overlays.
(d) Step Four. Determine if any nonconformities exist and how to address them in Title Five - Nonconformities.
(e) Step Five. Determine if any approvals are necessary and how to apply for them in Title Six - Administration and Procedures.
(Ord. 081-2023. Passed 10-3-23.)