Wintersville Jefferson County
City Zoning Code

TITLE FIVE

Zoning Administration

1131.01 PURPOSE.

In order to promote orderly growth of Wintersville, Zoning Regulations are herein set forth as part of the community's comprehensive plan. These regulations have been designed to comply with Ohio R.C. 713.06, which enables the planning commission of a municipal corporation to frame and adopt a plan for dividing the municipal corporation or any portion thereof into zones or districts, representing the recommendations of the commission, in the interest of the public, health, safety, convenience, comfort, prosperity, or general welfare for the limitations and regulations of the height, bulk, and location; including percentage of lot occupancy, setback building lines, and area and dimensions of yards, courts, scope and other open spaces, and the uses of buildings and other structures and of premises in such zones and distances.

1131.02 INTERPRETATION OF ZONING ORDINANCE.

No buildings, structure, or use which was not lawfully existing at the time of the adoption of this Zoning Ordinance shall become or be made lawful solely by vision of the adoption of this Ordinance; and to the extent that, and in any matter that, said unlawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure, or use remains unlawful hereunder.

1131.03 SEPARABILITY.

It is hereby declared to be the intention of the Legislative Body that the renewal provisions of this Ordinance are separable, in accordance with the following: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgement.

1131.04 VALIDITY.

If any article, section, subsection, paragraph, clause or provision of this Ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any other part thereof.

1131.05 CONFLICTS WITH OTHER LAWS.

Where the provisions of this Ordinance impose greater restrictions than those of any ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other Ordinance or regulations impose greater restrictions than this ordinance the provisions of such statute, ordinance or regulation shall be controlling.

1131.06 SCOPE OF REGULATIONS.

All buildings erected hereafter, all uses of land or buildings established hereafter, any structural alteration or relocation of existing buildings occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such buildings, uses, and land shall be located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Ordinance and provided that construction is begun within (6) months of such effective date and diligently prosecuted to completion said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designed--subject thereafter to the provisions of Chapter 1149 , Nonconforming Buildings, Uses and Structures.

1131.07 CERTIFICATE OF ACCEPTANCE.

The owner will receive a certificate of acceptance/denial after review of the application.

1133.01 RULES AND DEFINITIONS.

In the construction of this Zoning Ordinance the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:

(a) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(b) The word "shall" is mandatory and not discretionary.

(d) The word "lot" shall include the words "piece," "parcel," and "plots;" the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(e) All "measured distances" shall be to the nearest "integral foot." If a fraction is less than one-half foot, the "integral foot" next below shall be taken.

ACCESSORY BUILDING OR USE is a building or use which is:

(a) Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Ordinance;

(b) Clearly incidental to, subordinate in purpose to, and serves the principal use; and

(c) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

ADVERTISING DEVICE is any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

AGRICULTURE is the use of any part of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry hus bandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

AIRPORT is any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open space.

ALLEY is a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.

APARTMENT HOTEL is a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

AUTO LAUNDRY is a building, or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.

BASEMENT is that portion of a building which is partly underground, but has at least one-half of its interior clear height above the average lot grade.

BILLBOARD is an advertising device for lease or rent promoting products or services available or not available at the location of the billboard.

BLOCK is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or municipal boundary lines.

BOARD OF ZONING APPEALS is the Board of Zoning Appeals discussed under Chapter 1137, also called Board.

BUILDING is any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part will be deemed a separate building.

BUILDING, DETACHED is a building surrounded by an open space on the same lot.

BUILDING HEIGHT is the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the under side of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.

BULK OR BUILDING BULK is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following: a. size and height of buildings; b. locations of exterior walls at all levels in relation to lot lines, streets, and other buildings; c. gross floor area of buildings in relation to lot area (floor area ratio) d. all open spaces allocated to buildings; and e. amount of lot area provided per dwelling unit.

CAPACITY IN PERSONS of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable safety and comfort, as determined in the Building Code or as may be determined by the Enforcing Officer.

CELLAR is that portion of a building partly underground and having more than one-half of its interior clear height below the average lot grade.

CENTRAL SEWAGE DISPOSAL SYSTEM is a community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.

CENTRAL WATER SYSTEM is a private water company founded by the developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.

CLINIC, MEDICAL OR DENTAL is an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include in-patient care.

CLUB OR LODGE, PRIVATE (NOT FOR PROFIT) is a not for profit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members.

DENSITY is a unit of measure and means the number of dwelling units per acre of land.

DWELLING, MULTIPLE-FAMILY is a building, or portion thereof, containing three (3) or more dwelling units.

EFFICIENCY UNIT is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.

ENFORCING OFFICER is the officer and assistants designated by the legislative body of any political jurisdiction as the officer responsible for enforcing and administering all requirements of the Zoning Ordinance.

ESTABLISHMENT, BUSINESS is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.

FAMILY consists of one or more persons each related to the other by blood, marriage, or adoption, who are living together in a single dwelling and maintaining a common household. A "family" includes any domestic servants and not more than one gratuitous guest residing with said "family".

FLOOR AREA (For determining floor area ratio) is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls, basement floor area, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), interior balconies and mezzanines enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area."

FLOOR AREA (For determining off-street parking and loading requirements) shall mean the sum of the gross horizontal areas the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

However, "floor area" for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO (F.A.R.) is the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements--as set forth under each zoning district--shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

FREQUENCY signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

FRONTAGE is the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

FRONTAGE, ZONING LOT is the length of all the property of such zoning lot fronting on a street, measured between side lot lines.

GRADE is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

GROSS DENSITY is the number of dwelling units per acre of the total land within the boundaries of the area concerned.

GUEST HOUSE is a detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.

GUEST, PERMANENT is a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his domicile and place of permanent residence.

HOME OCCUPATION is any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling, there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of his profession. No accessory building shall be used for such home occupation.

HOTEL is an establishment which is open to transient guests, in contradistinction to a boarding, rooming, or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.

INCOMPATIBLE USE is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.

INDUSTRIAL PARK is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.

JUNK YARD is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

LEGISLATIVE BODY is the Council of the Village of Wintersville

LIMITED ACCESS HIGHWAY is a trafficway, including toll roads,

for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

LODGING HOUSE (including BOARDING and ROOMING HOUSE) is a residential building, or portion thereof--other than a motel, apartment hotel, or hotel--containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.

LODGING ROOM is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this Ordinance.

LOT is a parcel of land which is either a "lot of record" or a "zoning lot."

LOT OF RECORD is a lot which is part of a subdivision, the plat of which has been recorded in the appropriate office of record of the county; or a parcel of land, the deed to which was recorded in said office of record prior to the adoption of this Ordinance.

LOT, ZONING is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

LOT, CORNER is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.

LOT, REVERSED CORNER is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

LOT, INTERIOR is a lot other than a corner or reversed corner lot.

LOT, THROUGH is a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.

LOT AREA, GROSS is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

LOT DEPTH is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.

LOT WIDTH is the horizontal distance between the side lot line of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.

LOT LINE, FRONT shall be that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either lot line as the front lot line.

LOT LINE, REAR shall be that boundary of a lot which is most distant from, and is, or most nearly, parallel to, the front lot line.

LOT LINE, SIDE shall be any boundary of a lot which is not a front lot line or a rear lot line.

MEZZANINE is an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.

MOBILE HOME is any vehicle manufactured as a single family dwelling comprised of one or more units, excluding recreational vehicles, which has been designed and manufactured for transportation on the public streets and highways on it's own wheels, arriving at the site ready for occupancy as a dwelling except for normal unpacking, assembly operations and connections to utilities. This definition shall not include a modular home or an industrialized unit as defined in section 3781.10 of the Ohio Revised Code.

MOBILE HOME PAD is any portion of a mobile home site that is designed, constructed, and improved in such a manner as to provide a base upon which a mobile home shall rest, and which also serves as a base upon which blocks or other materials are placed to assist in leveling the floor of the mobile home and provide a temporary type of foundation.

MOBILE HOME PARK is one or more contiguous parcels of land under a single management which have been designed and developed in such a manner as to provide individual mobile home sites for one or more mobile homes. The term mobile home park shall mean the same as trailer park, trailer court, or trailer camp.

MOBILE HOME SITE is an area of land within a mobile home park that is designed and developed in such a manner as to provide a location for one (1) mobile home.

MODULAR HOME is a structure comprised of one (1) or mere self sufficient units, except site preparations, transported on a vehicle from the place of manufacture to a site where it is to be occupied as a dwelling. This definition shall not include a mobile home.

MOTEL is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes customary hotel service such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a "motel", less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

MOTOR VEHICLE is any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.

NET DENSITY is the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use.

NONCONFORMING BUILDING OR STRUCTURE is any building or structure which:

(a) Does not comply with all of the regulations of this Zoning Ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or

(b) Is designed for a nonconforming use.

NONCONFORMING USE is any use of land, buildings, or structures, lawful at the time of the enactment of this ordinance, which does not comply with all of the regulations of this Ordinance or of which such use is located.

NURSERY-CHILD CARE CENTER is any establishment which provides supplemental parental care and supervision, and/or educational instruction to two (2) or more children during the whole or any portion of the day.

OCTAVE BAND is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

ODOROUS MATTER is any matter or material that yields an odor which is offensive in any way.

PARTICULATE MATTER is dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PLANNED DEVELOPMENT is a tract of land developed under single ownership or unified control; the development of which is unique and of a substantially different character than that of surrounding areas. A planned development allows for flexibility not available under normal district requirements.

PLANNING COMMISSION is that planning or zoning commission (of the Village of Wintersville) authorized to consider planning and/or zoning matters and make recommendations to the legislative body.

PROPERTY LINES are the lines bounding a zoning lot, as defined herein.

PUBLIC WAY is any sidewalk, street, alley, highway, or other public throughway.

RECREATIONAL VEHICLE is a vehicle manufactured or modified to contain temporary living quarters for travel, recreation, or vacation purposes. This definition shall include but is not necessarily limited to campers, travel trailers, truck campers, and motor homes.

RESERVOIR PARKING facilities are those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.

REST HOME, NURSING HOME, OR CONVALESCENT HOME is a private home for the care of children, adults, or the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

RINGELMANN CHART is the chart which is described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke and smoke density.

RINGELMANN NUMBER is the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.

ROADSIDE STAND is a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

ROADWAY is a privately owned and maintained strip of land designed, improved, and intended to be used for vehicular traffic.

SETBACK is the minimum horizontal distance between the front line of a building or structure and the front property line.

SEWAGE DISPOSAL SYSTEM, INDIVIDUAL, is a septic tank seepage tile sewage disposal system or any other sewage treatment device approved by the appropriate health offices as being in accordance with the rules of the State Health Authority, and the Jefferson County General Health District and servicing only one lot.

SIGN is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the context shall so indicate.

SIGN, ADVERTISING is a sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

SIGN, BUSINESS is a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.

SIGN, FLASHING is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance any moving, illuminated sign shall be considered a "flashing sign."

SIGN--GROSS AREA OF shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

STORY is that part of a building between any floor and the floor next above and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five (5) feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.

STREET is a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.

STRUCTURAL ALTERATION is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

STRUCTURE is anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.

TENT is any temporary structure or enclosure, the roof of which and/or one-half or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar pliable material.

USE of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USE, PRINCIPAL is the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."

USE, CONDITIONAL is a use--either public or private--which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted, subject to the terms of this Ordinance.

VIBRATION is the periodic displacement, measured in inches, of earth.

YARD is an open space on the same zoning lot with a building or structure unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in Article IV. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.

YARD, FRONT is a yard extending along the full length of the front lot line between the side lot lines.

YARD, REAR is a yard extending along the full length of the rear lot line between the side lot lines.

YARD, SIDE is a yard extending along a side lot line from the front yard to the rear yard.

YARD, CORNER SIDE is a side yard which adjoins a public street.

YARD, INTERIOR SIDE is a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.

YARD, TRANSITIONAL is that yard which must be provided on a zoning lot in a Business District which adjoins a zoning lot in a Residence District, or that yard which must be provided on a zoning lot in an Industrial District which adjoins a zoning lot in either a Residence or Business District.

ZONING ORDINANCE or "this ordinance" as used in Titles Five to Nine of this Part Eleven - Planning and Zoning Code, means Ordinance 1994-44, passed October 17, 1994, as amended.

1135.01 ADMINISTRATIVE ORGANIZATION AND OFFICERS.

The administration of this Zoning Ordinance is hereby vested in four (4) offices of the government of the Village of Wintersville as follows:

Enforcing Officer

Board of Zoning Appeals

Planning Commission

Legislative Body (Village Council)

(a) Zoning Officer. The Enforcing Officer and such deputies or assistants that have been, or shall be, duly appointed shall enforce this ordinance and shall:

(1) Issue all zoning certificates and make and maintain records thereof;

(2) Issue all certificates of occupancy, including occupancy certificates for home occupations, and make and maintain records thereof;

(3) Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this ordinance.

(b) The Planning Commission. The Planning Commission shall: review all applications for conditional uses and amendments to this Ordinance and report said findings and recommendations to the Legislative Body in the manner prescribed in this Ordinance for amendments and conditional uses; receive from the Enforcing Officer his recommendations as related to the effectiveness of this ordinance and report its conclusions and recommendations to the Legislative Body not less frequently than once a year; hear and decide matters upon which it is required to pass under this Ordinance.

1135.02 CERTIFICATES REQUIRED.

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee unless the application for such permit has been examined by the Enforcing Officer and has affixed to it his certificate, indicating that the proposed building or structure complies with all the provisions of this Ordinance. Any permit or certificate of occupancy, issued in conflict with the provisions of this Ordinance, shall be null and void.

In the event that such an application has affixed to it the certificate of a "registered architect" or a "registered professional engineer" registered with the State of Ohio certifying that the building or structure, and the proposed use thereof, complies with all of the provisions of this ordinance respecting performance standards for industrial and similar uses, the Enforcing Officer shall, upon receipt of such application, approve and authorize the issuance of a zoning certificate, provided all other relevant provisions of this Ordinance are complied with. Such certificate shall be valid for all purposes. The Enforcing Officer may, however, before issuance of the occupancy certificate--as a result of examination of the plans or on the basis of other evidence--determine that the proposed activity will not in fact comply with the performance standards and so advise the architect or engineer in writing.

(a) Plats. Every application for a zoning certificate shall be accompanied by:

(1) A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions, as certified by a "registered land surveyor" or a "registered professional engineer," registered with the State of Ohio as a true copy of the piece or parcel, lot, lots, block or blocks, or portions, thereof, according to the registered or recorded plat of such land; and

(2) A plat, in duplicate, drawn to a scale in such form as may, from time to time, be prescribed by the Enforcing Officer, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure, or land, and such other information as may be required by the Enforcing Officer for the proper enforcement of this Ordinance.

(3) The Enforcing Officer may, in those cases where in his/her judgment the information is not necessary because of existing evidence in Village records, waive all or portions of the requirements of paragraphs (1) and (2), above.

(b) Occupancy Certificates. No building, or addition thereto, constructed after the effective date of this Ordinance, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of this Ordinance shall be used for any purpose until a certificate of occupancy has been issued by the Enforcing Officer. No change in a use and no home occupation shall be allowed until a certificate of occupancy has been issued by the Enforcing Officer. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this Ordinance.

(c) Application for Occupancy Certificate. Every application for a building permit, home occupation or zoning certification shall be deemed to be an application for an occupancy certificate, Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Enforcing Officer.

(d) Issuance of Occupancy Certificate. No occupancy certificate for a building, or portion thereof, constructed after the effective date of this Ordinance, shall be issued until construction has been completed and the premises inspected and certified by the Enforcing Officer to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building, or addition thereto, constructed after the effective date of this Ordinance shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Enforcing Officer to be in compliance with all applicable performance standards. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Enforcing Officer is notified in writing that the building or premises are ready for occupancy.

1135.03 APPLICATION FOR PERMIT.

Application for permits shall be made to the Enforcing Officer on such forms as may be furnished by the Village. Each application shall contain all information necessary to ascertain whether the proposed erection, alteration, use, or change in use complies with the provisions of this Ordinance.

Issuance of Permits. No improvement location permit or use permit shall be issued until the Enforcing Officer has certified that the proposed building or alteration and the proposed use of the property complies with all the provisions of this Ordinance.

1135.04 COMPLIANCE WITH PLAN.

Following the issuance of a permit for construction and use in accordance with the approved plans, no change, deviation, or alteration shall thereafter be permitted except when authorized by the assessor upon written application, which application shall be in the nature of an original application for permit. If the lot or tract for which the development has been approved is sold, the original conditions upon which approval was granted shall be fulfilled by the new owners.

1135.05 FEES.

Any application for an amendment or conditional use, filed by or on behalf of the owner or owners of the property affected, shall be accompanied by a fee of $100.00. The fee for variances and appeals shall be $10.00. All fees shall be paid to the Fiscal Officer. There shall be no such fee, however, in the case of applications filed in the public interest by members of any governmental body.

1135.06 RENEWAL OF APPROVAL.

If construction of an approved development is not under-taken within 12 months from the time that approval was last granted by the assessor, the application for development must be reviewed, and renewal of approval must be obtained.

1137.01 CREATION.

The Board of Zoning Appeals hereinafter referred to as the "Board" as established under the provisions of Ohio Statutes, is the Board referred to in this Ordinance.

1137.02 JURISDICTION.

The Board of Zoning Appeals is hereby vested with the following jurisdiction and authority:

(a) To hear and decide appeals from any order, requirement, decision, or determination made by the Enforcing Officer under this Ordinance;

(b) To hear and pass upon the applications for variances from the terms provided in this Ordinance in the manner prescribed by and subject to the standards established herein; and

1137.03 MEETINGS AND RULES.

All meetings of the Board shall be held at the call of the Chairman, and at such times as the Board may determine. All hearings conducted by said Board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and also shall keep records of its hearings and other official actions. A copy of every rule or regulation, order, requirement, decision, or determination of the Board shall be filed immediately in the office of the Enforcing Officer, and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this Ordinance, or with the applicable Ohio Statutes, and may select or appoint such officers as it deems necessary.

1137.04 FINALITY OF DECISIONS AND JUDICIAL REVIEW.

All decisions and findings of the Board, on appeals or upon application for a variance, shall, after public hearing in all instances, be final administrative decisions and shall be subject to judicial review as by law may be provided.

No order of the Board granting a variance shall be valid for a period longer than six (6) months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

1137.05 APPEALS.

(a) Scope of Appeals. An appeal may be taken to the Board of Zoning Appeals by any person, firm, or corporation, or by any office, department, board, or bureau aggrieved by a decision of the Enforcing Officer. Such an appeal shall be taken within 30 days after the decision of the action complained of, by filing with the Enforcing Officer a notice of appeal specifying the grounds thereof. The Enforcing Officer shall forthwith transmit to the Board all of the papers constituting a record upon which the action appealed from was taken.

(b) Findings on Appeals. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Enforcing Officer certifies to the Board, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the Board or by a court of record on application, on notice of the Enforcing Officer and on due cause shown.

The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by one publication in the appropriate newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of hearing. The Board shall thereafter reach its decision within 90 days from the filing of the appeal. The Board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination that, in its opinion, ought to be done--and to the end, shall have all the powers of the officer from whom the appeal is taken. The Enforcing Officer shall maintain records of all actions of the Board relative to appeals.

(c) Effect on Denial of A Conditional Use. No application for a conditional use, which has been denied wholly or in part by the Legislative Body shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and the Legislative Body.

(d) Revocation. In any case where a conditional use has not been established (substantially underway) within one year after the date of granting thereof by the Planning Commission, the Planning Commission may recommend and the Legislative Body, after notice and public hearing, may repeal the Ordinance authorizing any such conditional use.

1137.06 VARIANCES.

(a) Purpose. The Board of Zoning Appeals after a public hearing, may vary the regulations of this Ordinance in harmony with the their general purposes and intent, only in the specific instances hereinafter set forth, where such Board makes findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Ordinance.

(b) Application for Variance and Notice of Hearing. An application for a variance shall be filed in writing with the Enforcing Officer. The application shall contain such information as the Board may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in the appropriate newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of the hearing. The Board shall thereafter reach its decision within 90 days from the filing of the appeal.

(c) Standards for Variances. The Board shall not vary the regulations of this Ordinance as authorized in Section 1137.06(a) above, unless it shall make findings based upon the evidence presented to it in each specific case that:

(1) Because of the particular physical surroundings, shape, of topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

(2) The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

(3) The purpose of the variance is not based exclusively upon a desire to increase financial gain;

(4) The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the property;

(5) The granting of the variation will not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and

(6) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The Board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this Ordinance.

(d) Authorized Variances. Variances from the regulations of this Ordinance shall be granted by the Board only in the following instances:

(1) To permit any yard or setback less than a yard or a setback required by the applicable regulations;

(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80 percent of the required area and width;

(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the required facilities, whichever number is greater;

(5) To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served; and

(6) To increase by not more than 20 percent the maximum gross floor area of any use so limited by the applicable regulations.

1139.01 VIOLATIONS.

Failure to secure an improvement location permit, when required, previous to the erection, construction, extension or alteration and addition, to a building or the change of use shall be one of the violations of this Zoning Ordinance.

1139.02 INJUNCTIONS.

The Planning Commission, the Board of Zoning Appeals or any designated enforcement official may institute a suit for injunction in the Circuit Court of any County to restrain an individual or a governmental unit from violating any provision of this Zoning Ordinance or of an Ordinance enacted pursuant to its terms. The Planning Commission or the Board of Zoning Appeals may also institute a suit for a mandatory injunction directing an individual or a governmental unit to remove a structure erected in violation of any provision of this Ordinance. If the Planning Commission or the Board of Zoning Appeals is successful in its suit, the respondent shall bear the costs of the action.

1139.03 PENALTY.

A person who violates any provision of this Zoning Ordinance shall be fined not less than fifty dollars and not more than five hundred dollars for each and every offense, and each day that he shall continue such violation after notification shall constitute a separate offense punishable by a like fine or penalty.

1141.01 AUTHORITY.

For the purpose of promoting the public health, safety, morals, comfort, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the Legislative Body may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this Ordinance or amend district boundary lines, provided that in all amendatory Ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory Ordinance.

1141.02 INITIATION OF AMENDMENT.

Amendments may be proposed by any governmental body or any person or organization having a proprietary interest.

1141.03 PETITION FOR AMENDMENT.

All petitions for amendment of the Zoning Ordinance or Zoning District Map shall be filed with the Enforcing Officer in such form and accompanied by such information as required by the Enforcing Officer. All such petitions shall be forwarded to the Planning Commission within five (5) days for review, public hearing, and written recommendation to the Legislative Body.

1141.04 HEARING ON PETITION.

Within 30 days of receipt of any petition for amendment to the zoning text or map, the Planning Commission shall conduct a public hearing on such petition at such time and place as shall be established by legal advertisement (Notice of Hearing), by such Planning Commission. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Legislative Body shall by rule, prescribe from time to time.

1141.05 NOTICE OF HEARING.

Notice of the time and place of such hearing shall be published at least once in the appropriate newspaper not more than 30 days nor less than 15 days before such hearing.

1141.06 FINDINGS AND RECOMMENDATION.

At the conclusion of the Planning Commission Hearing, the Commission shall make written findings of fact and shall submit same together with its recommendations to the Legislative Body for final legislative action. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(a) Existing uses of property within the general area of the property in question.

(b) The zoning classification of property within the general area of the property in question.

(d) The trend of development, if any, in the general area of the property in question, including changes if any, which have taken place in its present zoning classification.

(e) Minimum size of parcel: A lot, lots, or parcel of land shall not qualify for a zoning amendment unless it possesses 200 feet of frontage or contains 25,000 square feet of area, or adjoins a lot, lots, or parcel of land which bears the same zoning district classification as the proposed zoning amendment.

The Planning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this paragraph, the R1 District shall be considered the highest classification and the I2 District shall be considered the lowest classification.

1141.07 ACTION BY THE LEGISLATIVE BODY.

The Legislative Body shall not act upon a proposed amendment to this Ordinance until it shall have received a written report and recommendation from the Planning Commission on the proposed amendment and the Legislative Body, after public hearing, may grant or deny any application for an amendment, provided however, that no such 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 (3/4) of the membership of the Legislative Body.