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SEQ CHAPTER \h \r 1
CODIFIED ORDINANCES OF LISBON
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
Chap. 1101. Definitions.
Chap. 1103. Jurisdiction and Procedures.
Chap. 1105. Preliminary Plats.
Chap. 1107. Final Plats.
Chap. 1109. Design Standards.
Appendices
TITLE THREE - Zoning
Chap. 1160. General Provisions and Definitions.
Chap. 1162. Administration, Enforcement and Penalty.
Chap. 1164. Board of Zoning Appeals.
Chap. 1166. Amendments.
Chap. 1168. Districts Generally and Zoning District Map.
Chap. 1170. Use Regulations.
Chap. 1172. Special Provisions for Residential Uses Only.
Chap. 1174. Special Provisions for Residential, Commercial and Industrial
Uses.
Chap. 1176. Nonconforming Uses.
Chap. 1178. Minimum Dimensional Requirements.
Chap. 1180. Planned Unit Development.
Chap. 1182. Off-Street Parking and Loading.
Appendix
PLANNING AND ZONING CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
Chap. 1101. Definitions.
Chap. 1103. Jurisdiction and Procedures.
Chap. 1105. Preliminary Plats.
Chap. 1107. Final Plats.
Chap. 1109. Design Standards.
CODIFIED ORDINANCES OF LISBON
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
Chap. 1101. Definitions.
Chap. 1103. Jurisdiction and Procedures.
Chap. 1105. Preliminary Plats.
Chap. 1107. Final Plats.
Chap. 1109. Design Standards.
Appendices
TITLE THREE - Zoning
Chap. 1160. General Provisions and Definitions.
Chap. 1162. Administration, Enforcement and Penalty.
Chap. 1164. Board of Zoning Appeals.
Chap. 1166. Amendments.
Chap. 1168. Districts Generally and Zoning District Map.
Chap. 1170. Use Regulations.
Chap. 1172. Special Provisions for Residential Uses Only.
Chap. 1174. Special Provisions for Residential, Commercial and Industrial
Uses.
Chap. 1176. Nonconforming Uses.
Chap. 1178. Minimum Dimensional Requirements.
Chap. 1180. Planned Unit Development.
Chap. 1182. Off-Street Parking and Loading.
Appendix
PLANNING AND ZONING CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
Chap. 1101. Definitions.
Chap. 1103. Jurisdiction and Procedures.
Chap. 1105. Preliminary Plats.
Chap. 1107. Final Plats.
Chap. 1109. Design Standards.
Appendices
CHAPTER 1101
Definitions
1101.01 Meaning of words.
CROSS REFERENCES
Jurisdiction and procedures - see P. & Z. Ch. 1103
Preliminary plats - see P. & Z. Ch. 1105
1101.01 MEANING OF WORDS.
(a) As used in these Subdivision Regulations:
(1) "Alley" means a public right-of- way for secondary access to abutting
properties.
(2) "Benchmark" means an accurately established elevation point, generally
identified as “BM” printed on a map.
(3) "Block" means an area or parcel of land having fixed boundaries
surrounded by any/or any combination of highways, streets, watercourses, railroad,
parks, etc.
(4) "Buffer lot" means a lot on a plat across the end of a street proposed to
be extended by future platting or a lot along the length of a street where only part of the
width has been dedicated, retained by the owner, but conditionally dedicated on the plat
for street purposes when the street is extended or widened.
(5) "Building line" means the line of that face of the building nearest the front
line of the lot. It includes porches but not steps.
(6) "Building, setback line" means a line established on a parcel for the
purpose of prohibiting construction of a building between such line and a contiguous lot,
an easement, a right-of-way or other public area in the interest of protecting the general
welfare. It is the line indicating the minimum horizontal distance between the lot line,
easement, or right-of-way line and the building.
(7) "Comprehensive plan" means the recommendations and guide for the
future development of the County as adopted by the Planning Commission. Such plan
may include: recommendations for general land use and development, major
thoroughfare plan, zoning districts, transportation, water supply, sewage disposal,
parks, and recreational facilities,
1101.01 PLANNING AND ZONING
CODE 4
community facilities, and other items related to planning in the County. Such plans to be
in text and maps and may be amended and supplemented by the Planning Commission.
(8) "Contour" means a line connecting the points on the land surface, all
possessing the same elevation.
A. "Approximate contour" means a contour which substitutes for a
normal contour whenever there is any doubt of its reliability, usually identified on maps
by a dashed line.
B. "Contour interval" means the difference in elevation between
contours.
(9) "Cross walk-way" means a right-of-way commonly called a crosswalk
dedicated to public use ten feet in width through a block along lot lines to facilitate
pedestrian access to adjacent streets and properties.
(10) "Cul-de-sac" means a local street with only one outlet and having an
appropriate terminus for the safe and convenient reversal, or turnaround of traffic. It is
also known as a dead-end street.
(11) "Devil strip" means a strip of undedicated land along the border of a
subdivision to prevent public access. It is also known as a spite strip or reserve strip.
(12) “Director” means the Planning Director for Columbiana County, Ohio.
(13) "Easement" means a grant by the property owner of the use of a strip of
land by the public, a corporation, or persons for a specific purpose(s).
(14) "Engineer" means a registered professional engineer authorized to
practice civil engineering as defined in Ohio R. C. Chapter 9733.
(15) "Flood plain" means that portion of land adjacent to a river, creek, or
ditch which is covered with water when the river, creek or ditch overflows its banks at
flood stage, or is estimated to become subject to flooding.
(16) "Frontage road" means a minor street which is generally parallel and
continuous to an expressway, freeway, parkway, major or minor street and is so
designed as to intercept, collect and distribute traffic desiring to cross, enter or leave
such traffic artery, and which provides access to abutting properties and protection from
through traffic.
(17) "Grade" means the slope expressed in a percent which indicates the rate
of change in elevation in feet per hundred feet.
(18) "Lot" means a parcel of land containing less than five acres.
A. "Lot, butt" means a lot whose side line abuts the rear line of another.
Lots so located that each such lot shares at least one boundary in common with at least
one other such lot is referred to as being "contiguous".
B. "Lot, corner" means a lot situated at the intersection of two or more
streets having an angle of intersection of not more than 135 degrees.
C. "Lot, depth" means the average horizontal distance between front
and rear lot lines measured in the direction of the side lot lines.
D. "Lot, line" means the property lines bounding the lot.
1. "Front lot line" means the line separating such lot from any
street. In the case of corner lots, there shall be as many front lines as there are street
frontages.
2. "Rear lot lines" mean any boundary of a lot which abuts an
alley; provided if there be no alley abutting the lot then the rear lot line shall be as
follows: If there be one front line, then the rear line shall be the boundary opposite the
front line. If there be two front lines, then the rear line shall be the boundary opposite
the shorter front line; if both front lines are equal length, the rear line shall be
5
Definitions 1101.01
fixed by the Planning Commission on the basis of the orientation at existing structures
and prevailing frontages.
3. "Side lot lines" mean any lot line, not a front line or a rear lot
line.
E. "Lot, reversed corner" means a corner lot the side street of which is
substantially a continuation of the front lot line of the first lot to its rear.
F. "Lot, double-frontage” means a lot having frontage on two parallel,
or approximately parallel, streets or roads.
G. "Lot, width" means the distance parallel to the front lot line,
measured between side lot lines at setback lines.
(19) "Monument" means a cylindrical concrete marker six inches in diameter
and thirty inches in length with a quarter inch iron rod cast at the center axis of the
cylinder. Such marker shall be placed in a vertical position with its top level with the
surface of the surrounding ground.
(20) "Municipality" means the Village of Lisbon, Ohio, or any incorporated city
or village.
(21) "Open space land" means undeveloped, or predominantly undeveloped,
land having use for park, recreation, conservation, historic or scenic purposes.
(22) "Pavement" means that portion of a roadway having an improved hard
surface.
(23) "Performance bond" means an agreement by and between a subdivider,
or developer, and a bonding company in favor of the Board of County Commissioners of
Columbiana County, Ohio, for the amount of the estimated construction and/or other
improvements cost guaranteeing the completion of physical improvements according to
plans and specifications within the time prescribed by the subdivider's agreement.
(24) "Planning Commission" means the County Planning Commission for
Columbiana County, Ohio.
(25) "Plat" means a map of a tract or parcel of land of the subdivider's plan
which he submits for approval and intends to record in the final form, and, on which is
marked the location, the courses and distances of the different lines, the individual
boundaries, and the quality of land contained.
(26) "Preliminary plat" means a map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the Planning Commission for its
consideration.
(27) "Public water and sewer facilities" means those facilities approved by the
County Health and Sanitary Engineer Officers.
(28) "Reserves" means parcel, or parcels of land within a subdivision that are
intended for future use.
(29) "Right-of-way" means a strip of land reserved or dedicated for use as
public means of ingress and egress. The width between property lines, of a street, alley,
crosswalk or easement.
(30) "Street" means a public thoroughfare for vehicular traffic dedicated for
public use and used primarily for access to the abutting properties.
A. "Street, collector" means a public thoroughfare which carries traffic
from minor streets to the major systems of arterial streets and highways, including the
principal entrance streets of residential development and streets for circulation within
such developments; a street connecting two major thoroughfares.
B. "Street, residential" means a minor street which generally provides
access to abutting properties and protection from through traffic, the primary purpose of
which is to conduct traffic from residences to the collector system.
CHAPTER 1101
Definitions
1101.01 Meaning of words.
CROSS REFERENCES
Jurisdiction and procedures - see P. & Z. Ch. 1103
Preliminary plats - see P. & Z. Ch. 1105
1101.01 MEANING OF WORDS.
(a) As used in these Subdivision Regulations:
(1) "Alley" means a public right-of- way for secondary access to abutting
properties.
(2) "Benchmark" means an accurately established elevation point, generally
identified as “BM” printed on a map.
(3) "Block" means an area or parcel of land having fixed boundaries
surrounded by any/or any combination of highways, streets, watercourses, railroad,
parks, etc.
(4) "Buffer lot" means a lot on a plat across the end of a street proposed to
be extended by future platting or a lot along the length of a street where only part of the
width has been dedicated, retained by the owner, but conditionally dedicated on the plat
for street purposes when the street is extended or widened.
(5) "Building line" means the line of that face of the building nearest the front
line of the lot. It includes porches but not steps.
(6) "Building, setback line" means a line established on a parcel for the
purpose of prohibiting construction of a building between such line and a contiguous lot,
an easement, a right-of-way or other public area in the interest of protecting the general
welfare. It is the line indicating the minimum horizontal distance between the lot line,
easement, or right-of-way line and the building.
(7) "Comprehensive plan" means the recommendations and guide for the
future development of the County as adopted by the Planning Commission. Such plan
may include: recommendations for general land use and development, major
thoroughfare plan, zoning districts, transportation, water supply, sewage disposal,
parks, and recreational facilities,
1101.01 PLANNING AND ZONING
CODE 4
community facilities, and other items related to planning in the County. Such plans to be
in text and maps and may be amended and supplemented by the Planning Commission.
(8) "Contour" means a line connecting the points on the land surface, all
possessing the same elevation.
A. "Approximate contour" means a contour which substitutes for a
normal contour whenever there is any doubt of its reliability, usually identified on maps
by a dashed line.
B. "Contour interval" means the difference in elevation between
contours.
(9) "Cross walk-way" means a right-of-way commonly called a crosswalk
dedicated to public use ten feet in width through a block along lot lines to facilitate
pedestrian access to adjacent streets and properties.
(10) "Cul-de-sac" means a local street with only one outlet and having an
appropriate terminus for the safe and convenient reversal, or turnaround of traffic. It is
also known as a dead-end street.
(11) "Devil strip" means a strip of undedicated land along the border of a
subdivision to prevent public access. It is also known as a spite strip or reserve strip.
(12) “Director” means the Planning Director for Columbiana County, Ohio.
(13) "Easement" means a grant by the property owner of the use of a strip of
land by the public, a corporation, or persons for a specific purpose(s).
(14) "Engineer" means a registered professional engineer authorized to
practice civil engineering as defined in Ohio R. C. Chapter 9733.
(15) "Flood plain" means that portion of land adjacent to a river, creek, or
ditch which is covered with water when the river, creek or ditch overflows its banks at
flood stage, or is estimated to become subject to flooding.
(16) "Frontage road" means a minor street which is generally parallel and
continuous to an expressway, freeway, parkway, major or minor street and is so
designed as to intercept, collect and distribute traffic desiring to cross, enter or leave
such traffic artery, and which provides access to abutting properties and protection from
through traffic.
(17) "Grade" means the slope expressed in a percent which indicates the rate
of change in elevation in feet per hundred feet.
(18) "Lot" means a parcel of land containing less than five acres.
A. "Lot, butt" means a lot whose side line abuts the rear line of another.
Lots so located that each such lot shares at least one boundary in common with at least
one other such lot is referred to as being "contiguous".
B. "Lot, corner" means a lot situated at the intersection of two or more
streets having an angle of intersection of not more than 135 degrees.
C. "Lot, depth" means the average horizontal distance between front
and rear lot lines measured in the direction of the side lot lines.
D. "Lot, line" means the property lines bounding the lot.
1. "Front lot line" means the line separating such lot from any
street. In the case of corner lots, there shall be as many front lines as there are street
frontages.
2. "Rear lot lines" mean any boundary of a lot which abuts an
alley; provided if there be no alley abutting the lot then the rear lot line shall be as
follows: If there be one front line, then the rear line shall be the boundary opposite the
front line. If there be two front lines, then the rear line shall be the boundary opposite
the shorter front line; if both front lines are equal length, the rear line shall be
5
Definitions 1101.01
fixed by the Planning Commission on the basis of the orientation at existing structures
and prevailing frontages.
3. "Side lot lines" mean any lot line, not a front line or a rear lot
line.
E. "Lot, reversed corner" means a corner lot the side street of which is
substantially a continuation of the front lot line of the first lot to its rear.
F. "Lot, double-frontage” means a lot having frontage on two parallel,
or approximately parallel, streets or roads.
G. "Lot, width" means the distance parallel to the front lot line,
measured between side lot lines at setback lines.
(19) "Monument" means a cylindrical concrete marker six inches in diameter
and thirty inches in length with a quarter inch iron rod cast at the center axis of the
cylinder. Such marker shall be placed in a vertical position with its top level with the
surface of the surrounding ground.
(20) "Municipality" means the Village of Lisbon, Ohio, or any incorporated city
or village.
(21) "Open space land" means undeveloped, or predominantly undeveloped,
land having use for park, recreation, conservation, historic or scenic purposes.
(22) "Pavement" means that portion of a roadway having an improved hard
surface.
(23) "Performance bond" means an agreement by and between a subdivider,
or developer, and a bonding company in favor of the Board of County Commissioners of
Columbiana County, Ohio, for the amount of the estimated construction and/or other
improvements cost guaranteeing the completion of physical improvements according to
plans and specifications within the time prescribed by the subdivider's agreement.
(24) "Planning Commission" means the County Planning Commission for
Columbiana County, Ohio.
(25) "Plat" means a map of a tract or parcel of land of the subdivider's plan
which he submits for approval and intends to record in the final form, and, on which is
marked the location, the courses and distances of the different lines, the individual
boundaries, and the quality of land contained.
(26) "Preliminary plat" means a map, drawing or chart indicating the proposed
layout of the subdivision to be submitted to the Planning Commission for its
consideration.
(27) "Public water and sewer facilities" means those facilities approved by the
County Health and Sanitary Engineer Officers.
(28) "Reserves" means parcel, or parcels of land within a subdivision that are
intended for future use.
(29) "Right-of-way" means a strip of land reserved or dedicated for use as
public means of ingress and egress. The width between property lines, of a street, alley,
crosswalk or easement.
(30) "Street" means a public thoroughfare for vehicular traffic dedicated for
public use and used primarily for access to the abutting properties.
A. "Street, collector" means a public thoroughfare which carries traffic
from minor streets to the major systems of arterial streets and highways, including the
principal entrance streets of residential development and streets for circulation within
such developments; a street connecting two major thoroughfares.
B. "Street, residential" means a minor street which generally provides
access to abutting properties and protection from through traffic, the primary purpose of
which is to conduct traffic from residences to the collector system.
1101.01 PLANNING AND ZONING CODE 6
(31) "Subdivider" means any person, persons, partnership, association,
corporation or other legal entity or duly authorized agent who effects or undertakes the
subdivision of land.
(32) "Subdivision" means the division of any parcel of land shown as a unit or
as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots,
any one of which is less than five acres in size for the purpose, whether immediate or
future, of transfer of ownership or building developer.
A. "Minor subdivision" means a subdivision along an existing public
street, involving not more than three lots after the original tract has been completely
subdivided, and not involving the opening, widening or extension of any street, road or
alteration of any publicly owned facility.
B. "Major subdivision" means a subdivision other than a minor
subdivision.
(33) "Surveyor" means a surveyor, registered in the State, as defined by the
Registration Act of the State.
(34) "Thoroughfare plan" means the official highway plan of Columbiana
County establishing the right-of-way width of area highways.
(35) "Topography" means the features of the earth, including relief,
vegetation and water.
(36) "Tracing" means a translucent drawing on linen, mylar, cronoaflax or
equal, from which a print can be taken directly.
(37) "Walkway" means a right-of-way reserved for pedestrian use.
(38) "Watercourse" means the natural course, or artificial channel, in which a
steady or intermittent flow of water occurs or is provided for. It normally consists of a
bed and a channel, or conduit, or other confining passageway.
(39) "Water pollution" means the placing of any noxious or deleterious
substance in any waters of Columbiana County which renders such water harmful or
inimical to the public health, or to animal or aquatic life, or to the use of such waters for
domestic water supply, industrial or agricultural purposes, or for recreation.
(40) "Water resources" means all waters of the state occurring on the surface
in natural or artificial channels and in subsurface aquifers which are available or may be
made available to agricultural, industrial, commercial and domestic uses.
(41) "Water supply and sewage disposal system.
A. "Water supply system":
1. "Community water" means a source of water and a distribution
system including treatment facilities, whether publicly or privately owned, serving two or
more individual lots.
2. "Individual water supply" means a single system of piping,
pumps, tanks, or other facilities utilizing a source of ground or surface water to supply
only a single lot.
B. "Sewage disposal systems":
1. "Community sewage system" means any system, whether
publicly or privately owned, serving two or more individual lots.
2. "Individual sewage system" means a system of sewers and
piping, treatment tanks, or other facilities serving only a single lot.
C. "Drinking water" means water free from impurities in amount
sufficient to cause disease or harmful physiological effects; with the bacteriological and
chemical quality conforming to the applicable standards as emphasized by the County
Board of Health.
(Ord. 1164. Passed 8-16-82.)7
(31) "Subdivider" means any person, persons, partnership, association,
corporation or other legal entity or duly authorized agent who effects or undertakes the
subdivision of land.
(32) "Subdivision" means the division of any parcel of land shown as a unit or
as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots,
any one of which is less than five acres in size for the purpose, whether immediate or
future, of transfer of ownership or building developer.
A. "Minor subdivision" means a subdivision along an existing public
street, involving not more than three lots after the original tract has been completely
subdivided, and not involving the opening, widening or extension of any street, road or
alteration of any publicly owned facility.
B. "Major subdivision" means a subdivision other than a minor
subdivision.
(33) "Surveyor" means a surveyor, registered in the State, as defined by the
Registration Act of the State.
(34) "Thoroughfare plan" means the official highway plan of Columbiana
County establishing the right-of-way width of area highways.
(35) "Topography" means the features of the earth, including relief,
vegetation and water.
(36) "Tracing" means a translucent drawing on linen, mylar, cronoaflax or
equal, from which a print can be taken directly.
(37) "Walkway" means a right-of-way reserved for pedestrian use.
(38) "Watercourse" means the natural course, or artificial channel, in which a
steady or intermittent flow of water occurs or is provided for. It normally consists of a
bed and a channel, or conduit, or other confining passageway.
(39) "Water pollution" means the placing of any noxious or deleterious
substance in any waters of Columbiana County which renders such water harmful or
inimical to the public health, or to animal or aquatic life, or to the use of such waters for
domestic water supply, industrial or agricultural purposes, or for recreation.
(40) "Water resources" means all waters of the state occurring on the surface
in natural or artificial channels and in subsurface aquifers which are available or may be
made available to agricultural, industrial, commercial and domestic uses.
(41) "Water supply and sewage disposal system.
A. "Water supply system":
1. "Community water" means a source of water and a distribution
system including treatment facilities, whether publicly or privately owned, serving two or
more individual lots.
2. "Individual water supply" means a single system of piping,
pumps, tanks, or other facilities utilizing a source of ground or surface water to supply
only a single lot.
B. "Sewage disposal systems":
1. "Community sewage system" means any system, whether
publicly or privately owned, serving two or more individual lots.
2. "Individual sewage system" means a system of sewers and
piping, treatment tanks, or other facilities serving only a single lot.
C. "Drinking water" means water free from impurities in amount
sufficient to cause disease or harmful physiological effects; with the bacteriological and
chemical quality conforming to the applicable standards as emphasized by the County
Board of Health.
(Ord. 1164. Passed 8-16-82.)7
CHAPTER 1103
Jurisdiction And Procedures
1103.01 Title.
1103.02 Purpose.
1103.03 Enforcement; application.
1103.04 Scope; interpretation.
1103.05 Fees.
1103.06 Variance.
1103.07 Amendments.
1103.08 Appeal.
1103.09 Resubdivision; reconsideration.
1103.10 Separability; effective date.
1103.99 Penalty.
CROSS REFERENCES
Plat of subdivision; acknowledgment and record - see Ohio R.C. 711.06
Preliminary plats - see P. & Z. Ch. 1105
Final plats - see P. & Z. Ch. 1107
Jurisdiction And Procedures
1103.01 Title.
1103.02 Purpose.
1103.03 Enforcement; application.
1103.04 Scope; interpretation.
1103.05 Fees.
1103.06 Variance.
1103.07 Amendments.
1103.08 Appeal.
1103.09 Resubdivision; reconsideration.
1103.10 Separability; effective date.
1103.99 Penalty.
CROSS REFERENCES
Plat of subdivision; acknowledgment and record - see Ohio R.C. 711.06
Preliminary plats - see P. & Z. Ch. 1105
Final plats - see P. & Z. Ch. 1107
1103.01 TITLE.
The official name of these regulations shall be known as the "Land Subdivision
Regulations of the Village of Lisbon, Ohio" and hereinafter referred to as these
"Subdivision Regulations" or these "Regulations."
(Ord. 1164. Passed 8-16-82.)
The official name of these regulations shall be known as the "Land Subdivision
Regulations of the Village of Lisbon, Ohio" and hereinafter referred to as these
"Subdivision Regulations" or these "Regulations."
(Ord. 1164. Passed 8-16-82.)
1103.02 PURPOSE.
These Subdivision Regulations shall be used to guide and regulate the planning,
subdividing and development of land in order to promote and protect public health,
safety and general welfare. It is intended that the provisions of these Regulations shall
be applied to achieve the following objectives
(a) Orderly development of land to obtain harmonious and stable neighborhoods.
(b) Safe and convenient vehicular and pedestrian circulation.
(c) Design to allow ample public open space for schools, recreational and other
public purposes.
(d) Accurate surveying of land, preparation and recording of plats.
(e) The assurance that subdivision improvements are properly installed and
completed in compliance with the standards contained in Chapter 1109.
(f) Coordination of land development in accordance with zoning codes, and the
Comprehensive Plan.
(g) Assure that future land subdivisions shall provide permanent access to the
locality.
(h) Provide common grounds of understanding and a sound working relationship
for both the Village officials, interested in and responsible for sound community
development and the land owner or his agent who intends to subdivide for whatever
purpose.
(i) Assure that the land is developed for the highest possible use with protection
against deterioration and obsolescence, and to avoid problems resulting from
haphazard expansion and growth.
(j) Secure and provide for the proper arrangement of streets and other highways
in relation to the regional plan and to existing or planned streets, for adequate and
convenient open space for
1103.02 PLANNING AND ZONING CODE 8
traffic, utilities, access for fire protection, recreation, light, air and for the avoidance of
congestion of population.
(k) Prevent excessive governmental operating costs.
(1) Assure adequate utilities and community services will be provided, and
protection of stable value of home owner's investment in adjacent and immediate areas.
(m) Govern and establish regulations for the building on and development of
existing undeveloped plats.
(Ord. 1164. Passed 8-16-82.)
These Subdivision Regulations shall be used to guide and regulate the planning,
subdividing and development of land in order to promote and protect public health,
safety and general welfare. It is intended that the provisions of these Regulations shall
be applied to achieve the following objectives
(a) Orderly development of land to obtain harmonious and stable neighborhoods.
(b) Safe and convenient vehicular and pedestrian circulation.
(c) Design to allow ample public open space for schools, recreational and other
public purposes.
(d) Accurate surveying of land, preparation and recording of plats.
(e) The assurance that subdivision improvements are properly installed and
completed in compliance with the standards contained in Chapter 1109.
(f) Coordination of land development in accordance with zoning codes, and the
Comprehensive Plan.
(g) Assure that future land subdivisions shall provide permanent access to the
locality.
(h) Provide common grounds of understanding and a sound working relationship
for both the Village officials, interested in and responsible for sound community
development and the land owner or his agent who intends to subdivide for whatever
purpose.
(i) Assure that the land is developed for the highest possible use with protection
against deterioration and obsolescence, and to avoid problems resulting from
haphazard expansion and growth.
(j) Secure and provide for the proper arrangement of streets and other highways
in relation to the regional plan and to existing or planned streets, for adequate and
convenient open space for
1103.02 PLANNING AND ZONING CODE 8
traffic, utilities, access for fire protection, recreation, light, air and for the avoidance of
congestion of population.
(k) Prevent excessive governmental operating costs.
(1) Assure adequate utilities and community services will be provided, and
protection of stable value of home owner's investment in adjacent and immediate areas.
(m) Govern and establish regulations for the building on and development of
existing undeveloped plats.
(Ord. 1164. Passed 8-16-82.)
1103.03 ENFORCEMENT; APPLICATION.
(a) The Planning Commission is authorized to adopt rules and regulations
governing plats and subdivisions of land, and to approve, conditionally approve, or
disapprove, plats or subdivisions falling within its legal jurisdiction in accordance with
these Regulations and State law.
(b) These Regulations shall apply to all subdivisions now in existence and future
plats of land located within the Village limits.
(Ord. 1164. Passed 8-16-82.)
(a) The Planning Commission is authorized to adopt rules and regulations
governing plats and subdivisions of land, and to approve, conditionally approve, or
disapprove, plats or subdivisions falling within its legal jurisdiction in accordance with
these Regulations and State law.
(b) These Regulations shall apply to all subdivisions now in existence and future
plats of land located within the Village limits.
(Ord. 1164. Passed 8-16-82.)
1103.04 SCOPE; INTERPRETATION.
(a) These Subdivision Regulations shall apply to all subdivisions of land as
defined herein, whether by instrument of survey and/or otherwise. The divisions of land
subject to these Regulations shall be as follows:
(1) The division of any parcel into two or more lots, or pieces.
(2) The annexation of a parcel to incorporated areas.
(3) The allocation of rights-of-way and easements.
(4) The allocation of open space.
(5) The division of a parcel of land along an existing public street, not
involving the opening, widening or extension of any street or road.
(b) These Regulations shall be held to be minimum requirements.
(Ord. 1164. Passed 8-16-82.)
(a) These Subdivision Regulations shall apply to all subdivisions of land as
defined herein, whether by instrument of survey and/or otherwise. The divisions of land
subject to these Regulations shall be as follows:
(1) The division of any parcel into two or more lots, or pieces.
(2) The annexation of a parcel to incorporated areas.
(3) The allocation of rights-of-way and easements.
(4) The allocation of open space.
(5) The division of a parcel of land along an existing public street, not
involving the opening, widening or extension of any street or road.
(b) These Regulations shall be held to be minimum requirements.
(Ord. 1164. Passed 8-16-82.)
1103.05 FEES.
For the processing, filing and inspection of plats as provided herein there shall be
a filing fee and inspection charge. Fees shall be as herein prescribed.
(a) Preliminary Plat. A fee of fifty dollars ($50. 00) for each subdivision plus one
dollar ($1. 00) for each lot exceeding five shall accompany an application for the
approval of a Preliminary Plat.
(b) Final Plat. A minimum fee of fifty dollars ($50. 00) for each subdivision plus
one dollar ($1. 00) for each lot exceeding five shall accompany an application for the
approval of a Final Plat.
(c) Inspection. Inspection shall be required for sanitary sewer systems, storm
seers, drainage, curbs, gutters, subgrade, pavements and sidewalls. Costs of these
inspections shall be paid by the subdivider to the responsible officials previous to filing
the Final Plat. The official responsible for the inspection of all street improvements
including storm severs and drainage shall be the Village Engineer. The official
responsible for the inspection of all sanitary sewers shall be the Village Engineer.
9 Jurisdiction And Procedures
1103.10
(d) Minor Subdivision. A fee of ten dollars ($10.00) shall be charged for the
review and approval of all minor subdivision plats.
(Ord. 1164. Passed 8-16-82.)
For the processing, filing and inspection of plats as provided herein there shall be
a filing fee and inspection charge. Fees shall be as herein prescribed.
(a) Preliminary Plat. A fee of fifty dollars ($50. 00) for each subdivision plus one
dollar ($1. 00) for each lot exceeding five shall accompany an application for the
approval of a Preliminary Plat.
(b) Final Plat. A minimum fee of fifty dollars ($50. 00) for each subdivision plus
one dollar ($1. 00) for each lot exceeding five shall accompany an application for the
approval of a Final Plat.
(c) Inspection. Inspection shall be required for sanitary sewer systems, storm
seers, drainage, curbs, gutters, subgrade, pavements and sidewalls. Costs of these
inspections shall be paid by the subdivider to the responsible officials previous to filing
the Final Plat. The official responsible for the inspection of all street improvements
including storm severs and drainage shall be the Village Engineer. The official
responsible for the inspection of all sanitary sewers shall be the Village Engineer.
9 Jurisdiction And Procedures
1103.10
(d) Minor Subdivision. A fee of ten dollars ($10.00) shall be charged for the
review and approval of all minor subdivision plats.
(Ord. 1164. Passed 8-16-82.)
1103.06 VARIANCE.
Variances may be authorized by the Village Planning Commission in specific
cases, when, in its opinion, undue hardship may result from strict compliance. Any
such determination shall be based fundamentally on the fact that unusual
topographical or other exceptional conditions require such variance, and that the
granting of the variance shall not adversely affect the general public or nullify the
intent of these Regulations.
(Ord. 1164. Passed 8-16-82.)
Variances may be authorized by the Village Planning Commission in specific
cases, when, in its opinion, undue hardship may result from strict compliance. Any
such determination shall be based fundamentally on the fact that unusual
topographical or other exceptional conditions require such variance, and that the
granting of the variance shall not adversely affect the general public or nullify the
intent of these Regulations.
(Ord. 1164. Passed 8-16-82.)
1103.07 AMENDMENTS.
These Regulations or any part thereof may be amended from time to time by the
Planning Commission, that no such amendment shall become effective until it has
been approved by Council, following a public hearing.
(Ord. 1164. Passed 8-16-82.)
These Regulations or any part thereof may be amended from time to time by the
Planning Commission, that no such amendment shall become effective until it has
been approved by Council, following a public hearing.
(Ord. 1164. Passed 8-16-82.)
1103.08 APPEAL.
Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or other applicable
sections of the Ohio Revised Code.
(Ord. 1164. Passed 8-16-82.)
Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or other applicable
sections of the Ohio Revised Code.
(Ord. 1164. Passed 8-16-82.)
1103.09 RESUBDIVISION; RECONSIDERATION.
(a) Resubdivision. Whenever a subdivision which received approval prior to the
effective date of these Regulations is resubdivided, and the width, lot lines, or the area
of one or more lots, or the direction and location of any street, or other alterations and
modifications are made, the resubdivided plat shall be submitted to the Planning
Commission for approval prior to its recording.
(b) Reconsideration. Any subdivider aggrieved by a finding, decision or
recommendation of the Planning Commission may request and receive opportunity to
appear before the Commission, or its agent, present additional relevant information
and request reconsideration of the original finding, decision or recommendation.
(Ord. 1164. Passed 8-16-82.)
(a) Resubdivision. Whenever a subdivision which received approval prior to the
effective date of these Regulations is resubdivided, and the width, lot lines, or the area
of one or more lots, or the direction and location of any street, or other alterations and
modifications are made, the resubdivided plat shall be submitted to the Planning
Commission for approval prior to its recording.
(b) Reconsideration. Any subdivider aggrieved by a finding, decision or
recommendation of the Planning Commission may request and receive opportunity to
appear before the Commission, or its agent, present additional relevant information
and request reconsideration of the original finding, decision or recommendation.
(Ord. 1164. Passed 8-16-82.)
1103.10 SEPARABILITY; EFFECTIVE DATE.
(a) Separability. Each article and/or each section, and/or each sentence
contained in these Regulations are declared to be severable and a separate and
distinct enactment, and should any article, section, paragraph, clause, or part of these
Regulations be held ineffective or invalid by a court of law, such judgment shall not
effect the validity of the remaining provisions of these Regulations.
(b) Effective Date. These Regulations shall supercede any such regulations
previously adopted, and shall become effective from the earliest point allowed by law.
(Ord. 1164. Passed 8-16-82.)
1103.99 PLANNING AND ZONING CODE 10
(a) Separability. Each article and/or each section, and/or each sentence
contained in these Regulations are declared to be severable and a separate and
distinct enactment, and should any article, section, paragraph, clause, or part of these
Regulations be held ineffective or invalid by a court of law, such judgment shall not
effect the validity of the remaining provisions of these Regulations.
(b) Effective Date. These Regulations shall supercede any such regulations
previously adopted, and shall become effective from the earliest point allowed by law.
(Ord. 1164. Passed 8-16-82.)
1103.99 PLANNING AND ZONING CODE 10
1103.99 PENALTY.
Any violation of these Regulations is subject to the penalties as set forth in Ohio
R.C. Sections 711.10 and 711.15 or any amendment thereof.
(Ord. 1164. Passed 8-16-82.) 11
Any violation of these Regulations is subject to the penalties as set forth in Ohio
R.C. Sections 711.10 and 711.15 or any amendment thereof.
(Ord. 1164. Passed 8-16-82.) 11
CHAPTER 1105
Preliminary Plats
1105.01 Purpose.
1105.02 Pre-application conference.
1105.03 Subdivision classification.
1105.04 Sketch required.
1105.05 Application; drawings.
1105.06 Submission of plans.
1105.07 Contents.
1105.08 Replat.
1105.09 Vacations.
Preliminary Plats
1105.01 Purpose.
1105.02 Pre-application conference.
1105.03 Subdivision classification.
1105.04 Sketch required.
1105.05 Application; drawings.
1105.06 Submission of plans.
1105.07 Contents.
1105.08 Replat.
1105.09 Vacations.
CROSS REFERENCES
Plats - see Ohio R.C. Ch. 711
Preliminary plat defined - see P.& Z. 1101.01
Application fee - see P. & Z. 1103.05
Finals plats - see P. & Z. Ch. 1107
Plats - see Ohio R.C. Ch. 711
Preliminary plat defined - see P.& Z. 1101.01
Application fee - see P. & Z. 1103.05
Finals plats - see P. & Z. Ch. 1107
1105.01 PURPOSE.
The purpose of this chapter is to specify the procedures that shall be followed to
subdivide land.
(Ord. 1164. Passed 8-16-82.)
The purpose of this chapter is to specify the procedures that shall be followed to
subdivide land.
(Ord. 1164. Passed 8-16-82.)
1105.02 PRE-APPLICATION CONFERENCE.
Previous to the filing of an application of a preliminary plat and prior to the
subdivision of any land, the subdivider, or his agent shall confer with Council in
reference to existing regulations and to procedures. (Ord. 1164. Passed 8-16-82.)
Previous to the filing of an application of a preliminary plat and prior to the
subdivision of any land, the subdivider, or his agent shall confer with Council in
reference to existing regulations and to procedures. (Ord. 1164. Passed 8-16-82.)
1105.03 SUBDIVISION CLASSIFICATION.
No person shall commence development in, or construction of, any subdivision, or
convey lots for the purpose of construction thereon, until a plat and other required
information of such subdivision has been submitted to the Planning Commission and
the subdivision approved in accordance with the requirements of these Regulations.
From information submitted, the Commission shall determine the classification as a
minor subdivision or a major subdivision.
(Ord. 1164. Passed 8-16-82.)
No person shall commence development in, or construction of, any subdivision, or
convey lots for the purpose of construction thereon, until a plat and other required
information of such subdivision has been submitted to the Planning Commission and
the subdivision approved in accordance with the requirements of these Regulations.
From information submitted, the Commission shall determine the classification as a
minor subdivision or a major subdivision.
(Ord. 1164. Passed 8-16-82.)
1105.04 SKETCH REQUIRED.
The subdivider shall, for any subdivision, furnish map sketches of the area
showing existing physical features and a tentative layout of the proposed subdivisions.
This step requires no formal application fee, or filing of a plat.
(a) The preapplication data and statement should include the following map data:
(1) Title, scale, north point and date.
(2) Subdivision location, land description and ownership.
(3) Name of developer, his engineer and his surveyor.
(4) Names and addresses of owners of property adjacent to the new
subdivision boundaries.
(5) Existing or proposed platting, zoning and land use adjacent to the new
subdivision.
1105.04 PLANNING AND ZONING CODE 12
(6) Streets, alleys, and sidewalks adjacent to the new subdivision with their
names, width and type of surface.
(7) Statement from the developer concerning his proposed land use, water
supply source, sewage disposal, utility services, drainage and approximate lot size.
(8) Land inspection, wood sites, watercourses and other natural or artificial
surface features that would affect the plan of the subdivision.
(9) Historical points of interest and areas of natural beauty.
(10) Sketch of proposed street layout including adequacy of street
connections.
(11) Areas planned to be set aside for schools, open space, recreation and
for other community facilities.
(12) A minimum of six copies of the sketch map should be submitted to
enable adequate staffing.
(b) Feasibility. Within thirty working days, unless an additional length of time is
agreed upon, the Planning Commission acting through its staff, shall inform the
subdivider that the sketch and the accompanying data, as submitted or modified, does
or does not meet the purposes of these Regulations. If the Commission's action is
negative to the subdivider it shall express its reasons in writing.
(Ord. 1164. Passed 8-16-82.)
The subdivider shall, for any subdivision, furnish map sketches of the area
showing existing physical features and a tentative layout of the proposed subdivisions.
This step requires no formal application fee, or filing of a plat.
(a) The preapplication data and statement should include the following map data:
(1) Title, scale, north point and date.
(2) Subdivision location, land description and ownership.
(3) Name of developer, his engineer and his surveyor.
(4) Names and addresses of owners of property adjacent to the new
subdivision boundaries.
(5) Existing or proposed platting, zoning and land use adjacent to the new
subdivision.
1105.04 PLANNING AND ZONING CODE 12
(6) Streets, alleys, and sidewalks adjacent to the new subdivision with their
names, width and type of surface.
(7) Statement from the developer concerning his proposed land use, water
supply source, sewage disposal, utility services, drainage and approximate lot size.
(8) Land inspection, wood sites, watercourses and other natural or artificial
surface features that would affect the plan of the subdivision.
(9) Historical points of interest and areas of natural beauty.
(10) Sketch of proposed street layout including adequacy of street
connections.
(11) Areas planned to be set aside for schools, open space, recreation and
for other community facilities.
(12) A minimum of six copies of the sketch map should be submitted to
enable adequate staffing.
(b) Feasibility. Within thirty working days, unless an additional length of time is
agreed upon, the Planning Commission acting through its staff, shall inform the
subdivider that the sketch and the accompanying data, as submitted or modified, does
or does not meet the purposes of these Regulations. If the Commission's action is
negative to the subdivider it shall express its reasons in writing.
(Ord. 1164. Passed 8-16-82.)
1105.05 APPLICATION; DRAWINGS.
(a) Letter of Intent. If the pre-application conference is favorable the subdivider
shall file a letter of intent (application) with the Planning Commission indicating the
type of development intended, a generalized schedule of physical action in the area
and a description of the land to be developed.
(b) Drawings. The application shall be accompanied by five black lines or blue
prints properly documented.
(c) Distribution of Drawings. The Planning Commission shall, within thirty working
days after receiving the filing the preliminary plan, transmit copies to the County
Engineer, County Health Commissioner, and to Township Trustees and Village
officials, where applicable, for their study and recommendations of matters within their
jurisdiction. These officials shall return the drawings, with their recommendations in
written form, within fifteen working days. In event these officials, or agencies, fail to
submit a written report the Commission may proceed in accordance with these
Regulations.
(d) Approval or Disapproval of Preliminary Plan. Within thirty days after receiving
the written report from each aforementioned official, the Commission shall notify the
subdivider whether the Preliminary Plat is tentatively approved, approved with
modification or disapproved.
(Ord. 1164. Passed 8-16-82.)
(a) Letter of Intent. If the pre-application conference is favorable the subdivider
shall file a letter of intent (application) with the Planning Commission indicating the
type of development intended, a generalized schedule of physical action in the area
and a description of the land to be developed.
(b) Drawings. The application shall be accompanied by five black lines or blue
prints properly documented.
(c) Distribution of Drawings. The Planning Commission shall, within thirty working
days after receiving the filing the preliminary plan, transmit copies to the County
Engineer, County Health Commissioner, and to Township Trustees and Village
officials, where applicable, for their study and recommendations of matters within their
jurisdiction. These officials shall return the drawings, with their recommendations in
written form, within fifteen working days. In event these officials, or agencies, fail to
submit a written report the Commission may proceed in accordance with these
Regulations.
(d) Approval or Disapproval of Preliminary Plan. Within thirty days after receiving
the written report from each aforementioned official, the Commission shall notify the
subdivider whether the Preliminary Plat is tentatively approved, approved with
modification or disapproved.
(Ord. 1164. Passed 8-16-82.)
1105.06 SUBMISSION OF PLANS.
The subdivider shall have preliminary subdivision plans and other supplementary
material prepared and submit them to the Planning Commission for action.
(Ord. 1164. Passed 8-16-82.)
The subdivider shall have preliminary subdivision plans and other supplementary
material prepared and submit them to the Planning Commission for action.
(Ord. 1164. Passed 8-16-82.)
1105.07 CONTENTS.
The preliminary map shall be clearly arid legibly drawn. It shall be accurate and
describe with certainty all parcels of land laid out, reserved or granted, for schools,
streets, alleys, ways, playgrounds,
13 Preliminary Plats 1105.07
open spaces, parks or other public uses. Sites, if any for multi-family dwelling,
shopping centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings, shall be described. In addition to all the provisions listed for the sketch in
Section 1105.04, the following shall be included in the preliminary plan.
(a) If new streets are proposed, contour maps with contours shown at vertical
intervals of two feet if the general slope of the site is less than two percent (2%a) and
at vertical intervals of five feet if the general slope is greater than two percent (2%).
The preliminary map shall be drawn to a scale of not less than one inch equals one
hundred feet (1" = 100'). The Planning Commission may require contour maps in
special cases.
(b) Location of the percolation tests, if required, and the results of such tests,
made by a competent qualified person, shall be located on the map and numbered to
enable easy location by the Health Commissioner. When the original data pertaining to
these tests as submitted is not complete or conclusive, additional tests and bonding
shall be required. This data must be submitted, and approved, before any ground
excavation is begun.
(c) Subdivision boundary lines showing dimensions, bearings, angles, references
to sections, townships, range lines and corners, geodetic coordinates or other survey
monuments.
(d) Proposed street and lot layout showing approximate lot dimensions and the
approximate square foot areas for lots that are not rectangular.
(e) Zoning, building setback or front yard lines.
(f) Parcels of land proposed to be dedicated or reserved for schools, parks,
playgrounds or other public purposes.
(g) The proposed names or number of the subdivision, which shall be distinct
from other subdivisions in the County. They shall not duplicate in spelling or in sound.
(h) Legally established special function districts such as water districts that serve
or will serve the land in the subdivision. Included will be an accurate location,
dimension and traverse of all existing sanitary and storm sewers, water conveyances,
and drainage facilities and ownership thereof.
(i) A general summary description of any protective covenants or private
restrictions to be incorporated in the final plat.
(j) A general summary of any agreement with the owners of other property within
the neighborhood that involves plans for the entire neighborhood.
(k) Subdivider timetable of completion for each security (guarantee) to be
submitted.
(1) Agreement by subdivider to pay inspection fee and other administrative costs
to the County.
(m) General statement of suitability of the land for the development.
(n) In addition to the above data the preliminary subdivision plan shall contain
construction plans, showing necessary detail and including cost estimate and be
prepared by qualified persons. It shall include the following specifics:
(1) Cross-sections of the proposed streets, alleys, crosswalks, with a profile
of each showing proposed grades, existing drainage courses, watershed area and
structure, width of roadway, location of sidewalks, type of roadway surfacing, curbs,
planting strips, curb openings, street lights and traffic lights.
(2) Complete construction plans for utilities including water, gas, electricity,
sanitary sewers, storm sewers and other facilities.
(3) Present and proposed easements showing location, width, purposes
and limitations.
(o) The Commission shall notify the subdivider that the plans, including the cost
estimates as submitted, do or do not meet the requirements of these Regulations.
When a negative response is given, the Commission shall express its reasons therefor.
1105.07 PLANNING AND ZONING CODE 14
(p) Public Hearing. The Commission on its own motion, may, prior to acting on a
Preliminary Plat for any subdivider, hold a public hearing thereon at such time and
place and upon such notice as the Commission may designate. All interested parties
shall be entitled to be heard at such hearing.
(q) Limits of Approval. Approval of a Preliminary Plat shall not constitute approval
of the Final Plat. (Ord. 1164. Passed 8-16-82.)
The preliminary map shall be clearly arid legibly drawn. It shall be accurate and
describe with certainty all parcels of land laid out, reserved or granted, for schools,
streets, alleys, ways, playgrounds,
13 Preliminary Plats 1105.07
open spaces, parks or other public uses. Sites, if any for multi-family dwelling,
shopping centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings, shall be described. In addition to all the provisions listed for the sketch in
Section 1105.04, the following shall be included in the preliminary plan.
(a) If new streets are proposed, contour maps with contours shown at vertical
intervals of two feet if the general slope of the site is less than two percent (2%a) and
at vertical intervals of five feet if the general slope is greater than two percent (2%).
The preliminary map shall be drawn to a scale of not less than one inch equals one
hundred feet (1" = 100'). The Planning Commission may require contour maps in
special cases.
(b) Location of the percolation tests, if required, and the results of such tests,
made by a competent qualified person, shall be located on the map and numbered to
enable easy location by the Health Commissioner. When the original data pertaining to
these tests as submitted is not complete or conclusive, additional tests and bonding
shall be required. This data must be submitted, and approved, before any ground
excavation is begun.
(c) Subdivision boundary lines showing dimensions, bearings, angles, references
to sections, townships, range lines and corners, geodetic coordinates or other survey
monuments.
(d) Proposed street and lot layout showing approximate lot dimensions and the
approximate square foot areas for lots that are not rectangular.
(e) Zoning, building setback or front yard lines.
(f) Parcels of land proposed to be dedicated or reserved for schools, parks,
playgrounds or other public purposes.
(g) The proposed names or number of the subdivision, which shall be distinct
from other subdivisions in the County. They shall not duplicate in spelling or in sound.
(h) Legally established special function districts such as water districts that serve
or will serve the land in the subdivision. Included will be an accurate location,
dimension and traverse of all existing sanitary and storm sewers, water conveyances,
and drainage facilities and ownership thereof.
(i) A general summary description of any protective covenants or private
restrictions to be incorporated in the final plat.
(j) A general summary of any agreement with the owners of other property within
the neighborhood that involves plans for the entire neighborhood.
(k) Subdivider timetable of completion for each security (guarantee) to be
submitted.
(1) Agreement by subdivider to pay inspection fee and other administrative costs
to the County.
(m) General statement of suitability of the land for the development.
(n) In addition to the above data the preliminary subdivision plan shall contain
construction plans, showing necessary detail and including cost estimate and be
prepared by qualified persons. It shall include the following specifics:
(1) Cross-sections of the proposed streets, alleys, crosswalks, with a profile
of each showing proposed grades, existing drainage courses, watershed area and
structure, width of roadway, location of sidewalks, type of roadway surfacing, curbs,
planting strips, curb openings, street lights and traffic lights.
(2) Complete construction plans for utilities including water, gas, electricity,
sanitary sewers, storm sewers and other facilities.
(3) Present and proposed easements showing location, width, purposes
and limitations.
(o) The Commission shall notify the subdivider that the plans, including the cost
estimates as submitted, do or do not meet the requirements of these Regulations.
When a negative response is given, the Commission shall express its reasons therefor.
1105.07 PLANNING AND ZONING CODE 14
(p) Public Hearing. The Commission on its own motion, may, prior to acting on a
Preliminary Plat for any subdivider, hold a public hearing thereon at such time and
place and upon such notice as the Commission may designate. All interested parties
shall be entitled to be heard at such hearing.
(q) Limits of Approval. Approval of a Preliminary Plat shall not constitute approval
of the Final Plat. (Ord. 1164. Passed 8-16-82.)
1105.08 REPLAT.
The replat for land for which a plat has been previously recorded shall require the
same procedure as for a new subdivision.
(Ord. 1164. Passed 8-16-82.)
The replat for land for which a plat has been previously recorded shall require the
same procedure as for a new subdivision.
(Ord. 1164. Passed 8-16-82.)
1105.09 VACATIONS.
(a) Lots. Lots in a subdivision may be vacated by the owner in accordance with
applicable provisions of the Ohio Revised Code.
(b) Streets. The request for vacation of streets and other ways shall be
petitioned to Council who may request a recommendation from the Planning
Commission. The Planning Commission shall not recommend the vacating of any
street or other type of way, or part of way, if such vacating interferes with the
uniformity of the existing street pattern or with any traffic plans for the area.
(Ord. 1164. Passed 8-16-82.)15
(a) Lots. Lots in a subdivision may be vacated by the owner in accordance with
applicable provisions of the Ohio Revised Code.
(b) Streets. The request for vacation of streets and other ways shall be
petitioned to Council who may request a recommendation from the Planning
Commission. The Planning Commission shall not recommend the vacating of any
street or other type of way, or part of way, if such vacating interferes with the
uniformity of the existing street pattern or with any traffic plans for the area.
(Ord. 1164. Passed 8-16-82.)15
CHAPTER 1107
Final Plats
1107.01 Filing; approval.
1107.02 Contents.
1107.03 Map contents.
1107.04 Additional information required.
1107.05 Bond.
1107.06 Submission.
1107.07 Plat revision after approval.
CROSS REFERENCES
Plats - see Ohio R.C. Ch. 711
Plat defined - see P. & Z. 1101.01
Application fee - see P. & Z. 1103.05
Preliminary plats - see P. & Z. Ch. 1105
Final Plats
1107.01 Filing; approval.
1107.02 Contents.
1107.03 Map contents.
1107.04 Additional information required.
1107.05 Bond.
1107.06 Submission.
1107.07 Plat revision after approval.
CROSS REFERENCES
Plats - see Ohio R.C. Ch. 711
Plat defined - see P. & Z. 1101.01
Application fee - see P. & Z. 1103.05
Preliminary plats - see P. & Z. Ch. 1105
1107.01 FILING; APPROVAL.
The subdivider shall file in the Planning Commission office, for all subdivisions, a
final plat prepared by a registered surveyor, certified by him to be correct, and
accompanied by the appropriate fee. The Commission shall approve, approve
conditionally, or disapprove the final plat within thirty days after the filing unless further
time is agreed to by the subdivider. Approval of the Commission shall be endorsed in
writing on the final plat. Prior to the endorsement of the major plat the subdivider shall
file in the office of the Planning Commission construction drawings of all improvements,
approved and endorsed by the County Engineer and County Health Commissioner.
The Final Plat shall be filed with the County Recorder within one year after
endorsement by the Commission, otherwise such plat shall be considered null and
void. Standards for the final plat map shall be found in the appendices.
(Ord. 1164. Passed 8-16-82.)
The subdivider shall file in the Planning Commission office, for all subdivisions, a
final plat prepared by a registered surveyor, certified by him to be correct, and
accompanied by the appropriate fee. The Commission shall approve, approve
conditionally, or disapprove the final plat within thirty days after the filing unless further
time is agreed to by the subdivider. Approval of the Commission shall be endorsed in
writing on the final plat. Prior to the endorsement of the major plat the subdivider shall
file in the office of the Planning Commission construction drawings of all improvements,
approved and endorsed by the County Engineer and County Health Commissioner.
The Final Plat shall be filed with the County Recorder within one year after
endorsement by the Commission, otherwise such plat shall be considered null and
void. Standards for the final plat map shall be found in the appendices.
(Ord. 1164. Passed 8-16-82.)
1107.02 CONTENTS.
The subdivider shall file in the office of the Planning Commission for all
subdivisions, major or minor, a plat map prepared by a qualified surveyor to practice in
the State, and certified by him to be correct. The final plat shall conform to the
preliminary plat except where changes or modifications have been agreed to by the
Commission and the subdivider. The plat shall constitute only that portion or section of
the approved preliminary plat which the subdivider proposes to record and develop at
the immediate time in conformance with these regulations. Each successive section
shall have sufficient area and proper boundaries to provide street traffic circulation
and satisfactory drainage and sanitation without depending upon proposed future
construction of other sections.
(Ord. 1164. Passed 8-16-82.)
The subdivider shall file in the office of the Planning Commission for all
subdivisions, major or minor, a plat map prepared by a qualified surveyor to practice in
the State, and certified by him to be correct. The final plat shall conform to the
preliminary plat except where changes or modifications have been agreed to by the
Commission and the subdivider. The plat shall constitute only that portion or section of
the approved preliminary plat which the subdivider proposes to record and develop at
the immediate time in conformance with these regulations. Each successive section
shall have sufficient area and proper boundaries to provide street traffic circulation
and satisfactory drainage and sanitation without depending upon proposed future
construction of other sections.
(Ord. 1164. Passed 8-16-82.)
1107.03 MAP CONTENTS.
(a) The final plat map shall be submitted in a minimum 18" by 24" size and a
maximum of 24" by 36", outside dimensions, and shall be drawn with permanent black
waterproof ink on mylar base film,
1107.03 PLANNING AND ZONING CODE 16
tracing cloth or approved equivalent. Cross-sections and profiles shall have a scale
minimal of one inch equals ten feet vertical (1' = 10') and one inch equals 100 feet
horizontal (1" = 100').
(b) Name and/or number, and location of the subdivision and the name and/or
number and location of the large subdivision or tract of which it forms a part.
(c) Names and addresses of the subdivider, owner and any interest holder and
of the engineer and surveyor.
(d) All boundaries of the tract with accurate distances given to one hundredth
foot and with bearings given to one-half minute as determined by an accurate survey
in the field which has been balanced and closed, as well as physically located by
monumentation. When required by the staff all calculations and field notes will be
submitted for examination.
(e) The location and description of all monuments, permanent monuments of
stone, concrete and metal, which shall be set at all critical points and at all lot corners
to enable any qualified surveyor to locate any lot in the subdivision.
(f) North-point, scale and date. Magnetic or true-north or basic bearing shall be
indicated.
(g) A certificate by a qualified surveyor to the effect that the plat represents a
survey made by him, that all the monuments shown thereon exist, that these
monuments are permanently placed, and that their locations are as shown. In place of
unusual size and if more than two sheets are required, an index sheet of the same
dimensions shall be attached showing the entire subdivision on one sheet, with all
areas and features as shown on other sheets, including north-point and date.
(h) The length of lot lines, length and bearing of streets, alleys and easements,
length of arc, delta, or radial bearings, points of curvature, radius and tangent
bearings in the case of curved lines. Dimensions of lots will be accurate in feet and
hundredths with bearings or angles given to the street and alleys or crosswalk. Lots
shall be numbered or lettered and all streets shall bear approved names.
(i) Total acreage of the subdivision and the acreage contained in all dedicated
streets and other public areas and an acknowledgment by the owners of their adoption
of the plat.
(j) Accurate locations and outlines of areas to be dedicated or temporarily
reserved for public use, and the purpose indicated thereon. Until proper transfer of the
common area, subdivider shall make provisions, and provide for, maintenance of all
areas, including parks, recreational areas, and inside of turnarounds. This also
includes all property that may be reserved by covenant for the common use of the
property owners in the subdivision; the dedication shall be in a form approved by the
Planning Commission and it is to cover all lands included in streets, highways, parks,
school grounds, and other areas not specifically reserved by the subdivider, together
with the area computations of each.
(k) Right-of-way lines of all existing or recorded streets, principal property lines,
patent lines, and township lines, all intersecting or contiguous section lines with
distance and bearing. This includes easements for right of way provided for public
services or utilities.
17 Final Plats 1707.07
1107.07
(l) Bearings and distances to the nearest established street line, military or
geodetic survey tie, township and municipal line, or other recognized permanent
monument which shall be accurately described on the plat.
(m) Names and dimensions of streets and roads and sidewalks, within any
adjoining plat showing any legally established center line elevation and any curb gutter
and culvert system.
(Ord. 1164. Passed 8-16-82.)
(a) The final plat map shall be submitted in a minimum 18" by 24" size and a
maximum of 24" by 36", outside dimensions, and shall be drawn with permanent black
waterproof ink on mylar base film,
1107.03 PLANNING AND ZONING CODE 16
tracing cloth or approved equivalent. Cross-sections and profiles shall have a scale
minimal of one inch equals ten feet vertical (1' = 10') and one inch equals 100 feet
horizontal (1" = 100').
(b) Name and/or number, and location of the subdivision and the name and/or
number and location of the large subdivision or tract of which it forms a part.
(c) Names and addresses of the subdivider, owner and any interest holder and
of the engineer and surveyor.
(d) All boundaries of the tract with accurate distances given to one hundredth
foot and with bearings given to one-half minute as determined by an accurate survey
in the field which has been balanced and closed, as well as physically located by
monumentation. When required by the staff all calculations and field notes will be
submitted for examination.
(e) The location and description of all monuments, permanent monuments of
stone, concrete and metal, which shall be set at all critical points and at all lot corners
to enable any qualified surveyor to locate any lot in the subdivision.
(f) North-point, scale and date. Magnetic or true-north or basic bearing shall be
indicated.
(g) A certificate by a qualified surveyor to the effect that the plat represents a
survey made by him, that all the monuments shown thereon exist, that these
monuments are permanently placed, and that their locations are as shown. In place of
unusual size and if more than two sheets are required, an index sheet of the same
dimensions shall be attached showing the entire subdivision on one sheet, with all
areas and features as shown on other sheets, including north-point and date.
(h) The length of lot lines, length and bearing of streets, alleys and easements,
length of arc, delta, or radial bearings, points of curvature, radius and tangent
bearings in the case of curved lines. Dimensions of lots will be accurate in feet and
hundredths with bearings or angles given to the street and alleys or crosswalk. Lots
shall be numbered or lettered and all streets shall bear approved names.
(i) Total acreage of the subdivision and the acreage contained in all dedicated
streets and other public areas and an acknowledgment by the owners of their adoption
of the plat.
(j) Accurate locations and outlines of areas to be dedicated or temporarily
reserved for public use, and the purpose indicated thereon. Until proper transfer of the
common area, subdivider shall make provisions, and provide for, maintenance of all
areas, including parks, recreational areas, and inside of turnarounds. This also
includes all property that may be reserved by covenant for the common use of the
property owners in the subdivision; the dedication shall be in a form approved by the
Planning Commission and it is to cover all lands included in streets, highways, parks,
school grounds, and other areas not specifically reserved by the subdivider, together
with the area computations of each.
(k) Right-of-way lines of all existing or recorded streets, principal property lines,
patent lines, and township lines, all intersecting or contiguous section lines with
distance and bearing. This includes easements for right of way provided for public
services or utilities.
17 Final Plats 1707.07
1107.07
(l) Bearings and distances to the nearest established street line, military or
geodetic survey tie, township and municipal line, or other recognized permanent
monument which shall be accurately described on the plat.
(m) Names and dimensions of streets and roads and sidewalks, within any
adjoining plat showing any legally established center line elevation and any curb gutter
and culvert system.
(Ord. 1164. Passed 8-16-82.)
1107.04 ADDITIONAL INFORMATION REQUIRED.
In addition to the aforementioned requirements the developer shall submit:
(a) A statement of the proposed use of lots stating type of residential buildings
with the number of dwelling units; type of businesses or industry; so that the effect of
the development on traffic, fire, and health hazards, utility facilities or congestion of
population can be determined;
(b) All proposed covenants and restrictions;
(c) Source of water supply;
(d) Provisions for sewage disposal, drainage and flood control;
(e) If any zoning changes are contemplated, the proposed zoning plan for the
area, including dimensions.
(Ord. 1164. Passed 8-16-82.)
In addition to the aforementioned requirements the developer shall submit:
(a) A statement of the proposed use of lots stating type of residential buildings
with the number of dwelling units; type of businesses or industry; so that the effect of
the development on traffic, fire, and health hazards, utility facilities or congestion of
population can be determined;
(b) All proposed covenants and restrictions;
(c) Source of water supply;
(d) Provisions for sewage disposal, drainage and flood control;
(e) If any zoning changes are contemplated, the proposed zoning plan for the
area, including dimensions.
(Ord. 1164. Passed 8-16-82.)
1107.05 BOND.
The final plat shall be accompanied by certificate or other document showing that
the subdivider has posted an acceptable bond or certified check which is available to
the County and in sufficient amount to assure the completion of all required
improvements. Such certificate or such document shall be of kind acceptable to the
Board of County Commissioners of Columbiana County, as provided for by the Ohio
Revised Code.
(Ord. 1164. Passed 8-16-82.)
The final plat shall be accompanied by certificate or other document showing that
the subdivider has posted an acceptable bond or certified check which is available to
the County and in sufficient amount to assure the completion of all required
improvements. Such certificate or such document shall be of kind acceptable to the
Board of County Commissioners of Columbiana County, as provided for by the Ohio
Revised Code.
(Ord. 1164. Passed 8-16-82.)
1107.06 SUBMISSION.
As provided for by applicable laws, the final plat when accepted by the Planning
Commission, and evidence of title has been confirmed, may then be submitted to the
County Recorder for his action. No plat of any subdivision shall be recorded in the
office of the Recorder or have any validity until it has been approved in the manner
prescribed herein. In the event any such unapproved plat is recorded, it shall be
considered invalid, and the Commission shall institute proceedings to have the plat
stricken from the County records. Approval of a plat for recording shall not be an
acceptance by the public of the dedication of a street, highway or other way shown
upon the plat for public maintenance.
(Ord. 1164. Passed 8-16-82.)
As provided for by applicable laws, the final plat when accepted by the Planning
Commission, and evidence of title has been confirmed, may then be submitted to the
County Recorder for his action. No plat of any subdivision shall be recorded in the
office of the Recorder or have any validity until it has been approved in the manner
prescribed herein. In the event any such unapproved plat is recorded, it shall be
considered invalid, and the Commission shall institute proceedings to have the plat
stricken from the County records. Approval of a plat for recording shall not be an
acceptance by the public of the dedication of a street, highway or other way shown
upon the plat for public maintenance.
(Ord. 1164. Passed 8-16-82.)
1107.07 PLAT REVISION AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a
subdivision after approval has been given by the Planning Commission and an
endorsement is made in writing on the plat, unless the plat is first resubmitted and the
changes approved by the Planning Commission.
(Ord. 1164. Passed 8-16-82.)
No changes, erasures, modifications or revisions shall be made in any plat of a
subdivision after approval has been given by the Planning Commission and an
endorsement is made in writing on the plat, unless the plat is first resubmitted and the
changes approved by the Planning Commission.
(Ord. 1164. Passed 8-16-82.)
PLANNING AND ZONING CODE 18 19
CHAPTER 1109
Design Standards
1109.01 Lots; sidewalks; setbacks.
1109.02 Water and sanitation.
1109.03 Streets.
1109.04 Inspections.
1109.05 Roadway plan requirements.
1109.06 Road types.
1109.07 Curbs and gutters.
1109.08 Miscellaneous design standards.
1109.09 Off-street parking and loading.
1109.10 Drainage.
1109.11 Open space requirements.
CROSS REFERENCES
Adoption of general rules and regulations for construction of
Improvements - see Ohio R. C. 711.101
Subdivision Regulations definitions - see P. & Z. Ch. 1101
Jurisdiction and procedures - see P. & Z. Ch. 1103
Variances - see P. & Z. 1103. 06
CHAPTER 1109
Design Standards
1109.01 Lots; sidewalks; setbacks.
1109.02 Water and sanitation.
1109.03 Streets.
1109.04 Inspections.
1109.05 Roadway plan requirements.
1109.06 Road types.
1109.07 Curbs and gutters.
1109.08 Miscellaneous design standards.
1109.09 Off-street parking and loading.
1109.10 Drainage.
1109.11 Open space requirements.
CROSS REFERENCES
Adoption of general rules and regulations for construction of
Improvements - see Ohio R. C. 711.101
Subdivision Regulations definitions - see P. & Z. Ch. 1101
Jurisdiction and procedures - see P. & Z. Ch. 1103
Variances - see P. & Z. 1103. 06
1109.01 LOTS; SIDEWALKS; SETBACKS.
(a) Lots. The lot arrangement shall be such that all lots will provide satisfactory
and desirable building sites. The lot size, width, depth, shape, orientation and the
minimum setback lines shall be appropriate to the location as to sanitation, drainage
and topography. The arrangement shall be appropriate for the type of development
and the use contemplated in order to secure and properly provide for streets,
utilities and facilities, in relation to existing or planned arrangements and to the
Comprehensive Regional Plan. It should provide for adequate and convenient open
space for traffic, utilities, aesthetics, access of fire-fighting and ambulance
apparatus, recreation, light, air, and for the avoidance of congestion of population.
(1) Lots in a zoned area. No lot shall have less area or width than is
required by any zoning regulations applying to the area in which it is located and
shall conform to the zoning regulations where the standards are higher than
required by these Subdivision Regulations.
(2) Lots not in a zoned area. The following standards shall prevail:
A. Lots in a subdivision that are served by sanitary sewers and a
public water supply system shall have a width at the building line of not less than
seventy feet, and shall contain a minimum of 10,000 square feet of area.
B. Irregular-shaped lots may be reduced to a lesser frontage,
provided however, that the required square footage is maintained and the width at
the building set-back line equals the required width of the area.
C. In case of unusual conditions, accessibility or other physical
factors which may impair or impede public health and/or safety and desirability or
the general neighborhood in which a subdivision is located, larger lot widths and
areas shall be required as may be deemed necessary. It is desired to have
width-to-depth ratio of at least one and one-half but shall not exceed 1 to 5.
1109.01 PLANNING AND ZONING CODE 20
D. Corner Lots. The width of a lot at the building line shall be at
least twenty percent (20%) wider and contain twenty percent (20%) more area than
the minimum requirements. Either of the two sides of a corner lot, fronting on a
street may be designated as the front of a lot, provided the rear yard shall always be
opposite the frontage as designated.
(b) Sidewalks.
(1) Requirements. Sidewalks shall be provided for all lots.
(2) Location. Sidewalks shall be located parallel to, and one foot within,
the right-of-way line.
(3) Standard section. Minimum width four feet. Minimum thickness six
inches in commercial and industrial areas. Minimum sub-base shall consist of four
inches of slag, cinders, or equal. Cross-slope shall be 3/8 inch per foot.
(4) Material. Sidewalks shall be constructed of Class "C" Portland cement
concrete or equal.
(c) Setbacks in Unzoned Areas.
(1) Front yard. A minimum front yard setback of thirty feet, measured
from the property line shall be required in all subdivisions.
(2) Side yard. Two side yards, either having a minimum width of eight
feet, and together having an aggregate minimum of twenty feet shall be required.
(3) Rear yard.- The minimum rear yard of forty feet, measured from the
rear property line at any point, shall be required, except family garage or carport
may be a minimum of five feet from the rear property line.
(d) Neighborhood Development. Where large subdivisions designed as
neighborhood units are being reviewed, consideration shall be given to the
placement of commercial and public areas, in relation to the neighborhood unit
being planned or developed and to other units that might be developed. Where
small subdivisions are being reviewed, the County Planning Commission shall
coordinate such programs, to practical extent, into units so that the same
environment with respect to commercial and public areas, may be obtained.
(Ord. 1164. Passed 8-16-82.)
(a) Lots. The lot arrangement shall be such that all lots will provide satisfactory
and desirable building sites. The lot size, width, depth, shape, orientation and the
minimum setback lines shall be appropriate to the location as to sanitation, drainage
and topography. The arrangement shall be appropriate for the type of development
and the use contemplated in order to secure and properly provide for streets,
utilities and facilities, in relation to existing or planned arrangements and to the
Comprehensive Regional Plan. It should provide for adequate and convenient open
space for traffic, utilities, aesthetics, access of fire-fighting and ambulance
apparatus, recreation, light, air, and for the avoidance of congestion of population.
(1) Lots in a zoned area. No lot shall have less area or width than is
required by any zoning regulations applying to the area in which it is located and
shall conform to the zoning regulations where the standards are higher than
required by these Subdivision Regulations.
(2) Lots not in a zoned area. The following standards shall prevail:
A. Lots in a subdivision that are served by sanitary sewers and a
public water supply system shall have a width at the building line of not less than
seventy feet, and shall contain a minimum of 10,000 square feet of area.
B. Irregular-shaped lots may be reduced to a lesser frontage,
provided however, that the required square footage is maintained and the width at
the building set-back line equals the required width of the area.
C. In case of unusual conditions, accessibility or other physical
factors which may impair or impede public health and/or safety and desirability or
the general neighborhood in which a subdivision is located, larger lot widths and
areas shall be required as may be deemed necessary. It is desired to have
width-to-depth ratio of at least one and one-half but shall not exceed 1 to 5.
1109.01 PLANNING AND ZONING CODE 20
D. Corner Lots. The width of a lot at the building line shall be at
least twenty percent (20%) wider and contain twenty percent (20%) more area than
the minimum requirements. Either of the two sides of a corner lot, fronting on a
street may be designated as the front of a lot, provided the rear yard shall always be
opposite the frontage as designated.
(b) Sidewalks.
(1) Requirements. Sidewalks shall be provided for all lots.
(2) Location. Sidewalks shall be located parallel to, and one foot within,
the right-of-way line.
(3) Standard section. Minimum width four feet. Minimum thickness six
inches in commercial and industrial areas. Minimum sub-base shall consist of four
inches of slag, cinders, or equal. Cross-slope shall be 3/8 inch per foot.
(4) Material. Sidewalks shall be constructed of Class "C" Portland cement
concrete or equal.
(c) Setbacks in Unzoned Areas.
(1) Front yard. A minimum front yard setback of thirty feet, measured
from the property line shall be required in all subdivisions.
(2) Side yard. Two side yards, either having a minimum width of eight
feet, and together having an aggregate minimum of twenty feet shall be required.
(3) Rear yard.- The minimum rear yard of forty feet, measured from the
rear property line at any point, shall be required, except family garage or carport
may be a minimum of five feet from the rear property line.
(d) Neighborhood Development. Where large subdivisions designed as
neighborhood units are being reviewed, consideration shall be given to the
placement of commercial and public areas, in relation to the neighborhood unit
being planned or developed and to other units that might be developed. Where
small subdivisions are being reviewed, the County Planning Commission shall
coordinate such programs, to practical extent, into units so that the same
environment with respect to commercial and public areas, may be obtained.
(Ord. 1164. Passed 8-16-82.)
1109.02 WATER AND SANITATION.
(a) Public Water Supply. Where an approved water supply is available, and
within reasonable distance as determined by the Planning Commission, the subdivider
or the developer shall construct a connection for each lot extended to the property
line. In all cases, a public water distribution system shall be required.
(b) Public Water Distribution System. Public water distribution systems shall meet
the requirements of the State Department of Health as cited in Ohio R.C. 6111. 44 to
6111.46.
(c) Sanitary Sewers. The subdivision shall be served by an extension of an
existing and available public sanitary sewer, as determined by the Planning
Commission, the subdivider or developer shall provide a system of sanitary sewer
mains and shall provide lateral connections for each. Whenever main lines are
installed, laterals shall be properly marked and shown in the plat map. Sanitary sewers
shall be installed in the corner of the road, except where hard surface roads are
already in existence sewer lines shall be installed seven feet, more or less, within the
road right-of-way at the outside edge. Where a hard surface street is to be
constructed, sanitary sewer laterals are to be installed prior to acceptance of street. All
trenches and other excavation shall be properly backfilled and compacted. The owner
or developer shall
21 Design Standards 1109.03
submit plans and specifications prepared by a registered professional engineer, of the
improvements he proposes to construct. They shall be consistent with good
engineering practice and shall be subject to the approval of the Village Engineer
and/or County Health Department.
(Ord. 1164. Passed 8-16-82.)
(a) Public Water Supply. Where an approved water supply is available, and
within reasonable distance as determined by the Planning Commission, the subdivider
or the developer shall construct a connection for each lot extended to the property
line. In all cases, a public water distribution system shall be required.
(b) Public Water Distribution System. Public water distribution systems shall meet
the requirements of the State Department of Health as cited in Ohio R.C. 6111. 44 to
6111.46.
(c) Sanitary Sewers. The subdivision shall be served by an extension of an
existing and available public sanitary sewer, as determined by the Planning
Commission, the subdivider or developer shall provide a system of sanitary sewer
mains and shall provide lateral connections for each. Whenever main lines are
installed, laterals shall be properly marked and shown in the plat map. Sanitary sewers
shall be installed in the corner of the road, except where hard surface roads are
already in existence sewer lines shall be installed seven feet, more or less, within the
road right-of-way at the outside edge. Where a hard surface street is to be
constructed, sanitary sewer laterals are to be installed prior to acceptance of street. All
trenches and other excavation shall be properly backfilled and compacted. The owner
or developer shall
21 Design Standards 1109.03
submit plans and specifications prepared by a registered professional engineer, of the
improvements he proposes to construct. They shall be consistent with good
engineering practice and shall be subject to the approval of the Village Engineer
and/or County Health Department.
(Ord. 1164. Passed 8-16-82.)
1109.03 STREETS.
(a) General. The arrangement, character, extent, width, grade and location of all
streets shall conform to the official Columbiana County Thoroughfare Plan, or
subsequent amendments thereof, and shall be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience and safety
and in their appropriate relation to the proposed uses of the land to be served by such
streets.
(1) The subdivider shall provide within the boundaries of the subdivision
plat the necessary right-of-way for the widening, continuance or alignment of such
street in conformity with the thoroughfare plan or any existing local road plan, and with
additional right-of-way for existing county and township roads when the subdivided
land fronts the same.
(b) Minimum Requirements for Residential Streets in Subdivision and Off-Street
Parking.
(1) Subdivision name. The subdivision name shall not duplicate or be
confused with existing subdivisions or with those under consideration by the Planning
Commission.
(2) Street names. Names of new streets shall not duplicate existing
dedicated street names. A new street which is an extension of, or in alignment with, an
existing or platted street shall bear the name of the existing or platted street. All new
streets shall be named in the following manner:
(a) General. The arrangement, character, extent, width, grade and location of all
streets shall conform to the official Columbiana County Thoroughfare Plan, or
subsequent amendments thereof, and shall be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience and safety
and in their appropriate relation to the proposed uses of the land to be served by such
streets.
(1) The subdivider shall provide within the boundaries of the subdivision
plat the necessary right-of-way for the widening, continuance or alignment of such
street in conformity with the thoroughfare plan or any existing local road plan, and with
additional right-of-way for existing county and township roads when the subdivided
land fronts the same.
(b) Minimum Requirements for Residential Streets in Subdivision and Off-Street
Parking.
(1) Subdivision name. The subdivision name shall not duplicate or be
confused with existing subdivisions or with those under consideration by the Planning
Commission.
(2) Street names. Names of new streets shall not duplicate existing
dedicated street names. A new street which is an extension of, or in alignment with, an
existing or platted street shall bear the name of the existing or platted street. All new
streets shall be named in the following manner:
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(3) Lot and block numbering. All lots shall be numbered in progressive
numbers or as directed by the Planning Commission.
(4) Easement. Easements shall have a minimum of ten feet or such
additional width as may be required for the necessary access to the utility involved.
Easement shall be located along the rear or side lot lines except under special
circumstances where they may be required in other locations. No structure, trees, etc. ,
shall be placed on easements granted for utility purposes. Easements for the
establishment of electric, gas, sewer, and waterlines shall be provided in all
subdivisions, as may be required. Easements shall be so identified.
1109.03 PLANNING AND ZONING CODE 22
Whenever the construction of streets and the required storm drainage is such that the
direction of storm water flow is diverted to affect surrounding property, the subdivider
shall obtain adequate drainage easements to provide for efficient disposal of these
waters. Whenever any natural stream or natural surface drainage course is located in
the area being subdivided, provisions shall be made for an adequate easement along
each side of the stream or drainage course for the purpose of widening, deepening,
relocating, or protection of the stream for drainage purposes. Drainage easements
shall have a minimum width of twenty feet.
(c) Minor Traffic Arteries and Physical Barriers.
(1) Where a subdivision abuts or contains an existing or proposed street of
equal or greater importance than a secondary thoroughfare, the Commission may
require:
A. Marginal access streets,
B. Reverse frontage with plantings contained in a nonaccess
reservation along the rear property line,
C. A planting strip of a minimum width of twenty feet on the rear of the
lots with no vehicular access across such strip,
D. Deep lots with service alleys, or
E. Such other treatment as may be necessary for adequate protection
of residential properties, and to afford separation of through and local traffic.
(2) Physical barriers. Where a subdivision borders on, or contains, a
railroad right-of-way, or limited access highway right-of-way, the Planning Commission
may require a street approximately parallel to, and on each side of such right-of-way,
at a distance suitable for necessary traffic circulation.
(d) Arrangement.
(1) Traffic. Minor streets shall be so laid out that their use by through traffic
will be discouraged.
(2) Access to adjacent property. The street layout shall make provisions for
the proper projection and continuance of street into adjacent unsubdivided acreage
where it is deemed appropriate and desirable by the Commission.
(3) Master Plan. Where the plat is to be submitted includes only a part of
the tract owned by the subdivider, the Commission shall require a sketch of a tentative
future street system for the unsubdivided portion.
(e) Alignment.
(1) Horizontal.
A. Jogs. Street jogs shall be discouraged, where such jogs are
unavoidable, in no case shall the centerline offsets be less than 125 feet.
B. Angle of Intersections. Streets shall intersect at right angles when
possible; in no case shall such intersections intersect at an angle less than seventy
degrees.
C. Intersection Approaches. Street intersections shall be straight for a
distance of at least 100 feet from the centerline of the street intersection.
D. Reverse Curve. A tangent of at least 100 feet long shall be
introduced between reverse curves on all but minor streets.
(2) Vertical grade at intersections. Approaches to intersections shall be
reduced to a gradient not exceeding five percent (5%) for a distance to meet
requirements of the sight table
23 Design Standards 1109.03
contained in the Current Manual of Procedure and Minimum Standards Secondary
Road Plan published by the Ohio Department of Highways.
(f) Classification. Each street in the subdivision shall be classified according to
the definitions found in Chapter 1101.
numbers or as directed by the Planning Commission.
(4) Easement. Easements shall have a minimum of ten feet or such
additional width as may be required for the necessary access to the utility involved.
Easement shall be located along the rear or side lot lines except under special
circumstances where they may be required in other locations. No structure, trees, etc. ,
shall be placed on easements granted for utility purposes. Easements for the
establishment of electric, gas, sewer, and waterlines shall be provided in all
subdivisions, as may be required. Easements shall be so identified.
1109.03 PLANNING AND ZONING CODE 22
Whenever the construction of streets and the required storm drainage is such that the
direction of storm water flow is diverted to affect surrounding property, the subdivider
shall obtain adequate drainage easements to provide for efficient disposal of these
waters. Whenever any natural stream or natural surface drainage course is located in
the area being subdivided, provisions shall be made for an adequate easement along
each side of the stream or drainage course for the purpose of widening, deepening,
relocating, or protection of the stream for drainage purposes. Drainage easements
shall have a minimum width of twenty feet.
(c) Minor Traffic Arteries and Physical Barriers.
(1) Where a subdivision abuts or contains an existing or proposed street of
equal or greater importance than a secondary thoroughfare, the Commission may
require:
A. Marginal access streets,
B. Reverse frontage with plantings contained in a nonaccess
reservation along the rear property line,
C. A planting strip of a minimum width of twenty feet on the rear of the
lots with no vehicular access across such strip,
D. Deep lots with service alleys, or
E. Such other treatment as may be necessary for adequate protection
of residential properties, and to afford separation of through and local traffic.
(2) Physical barriers. Where a subdivision borders on, or contains, a
railroad right-of-way, or limited access highway right-of-way, the Planning Commission
may require a street approximately parallel to, and on each side of such right-of-way,
at a distance suitable for necessary traffic circulation.
(d) Arrangement.
(1) Traffic. Minor streets shall be so laid out that their use by through traffic
will be discouraged.
(2) Access to adjacent property. The street layout shall make provisions for
the proper projection and continuance of street into adjacent unsubdivided acreage
where it is deemed appropriate and desirable by the Commission.
(3) Master Plan. Where the plat is to be submitted includes only a part of
the tract owned by the subdivider, the Commission shall require a sketch of a tentative
future street system for the unsubdivided portion.
(e) Alignment.
(1) Horizontal.
A. Jogs. Street jogs shall be discouraged, where such jogs are
unavoidable, in no case shall the centerline offsets be less than 125 feet.
B. Angle of Intersections. Streets shall intersect at right angles when
possible; in no case shall such intersections intersect at an angle less than seventy
degrees.
C. Intersection Approaches. Street intersections shall be straight for a
distance of at least 100 feet from the centerline of the street intersection.
D. Reverse Curve. A tangent of at least 100 feet long shall be
introduced between reverse curves on all but minor streets.
(2) Vertical grade at intersections. Approaches to intersections shall be
reduced to a gradient not exceeding five percent (5%) for a distance to meet
requirements of the sight table
23 Design Standards 1109.03
contained in the Current Manual of Procedure and Minimum Standards Secondary
Road Plan published by the Ohio Department of Highways.
(f) Classification. Each street in the subdivision shall be classified according to
the definitions found in Chapter 1101.
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When a maximum grade of eight percent (8%) cannot be met, the County Engineer
and the County Planning Director shall jointly determine the maximum grade to be
used, with final approval of the County Planning Commission. The Planning
Commission may make variances to these requirements where it is determined that
unusual topographical and/or other exceptional conditions require such modifications
in streets and highway standards.
(Ord. 1164. Passed 8-16-82.)
and the County Planning Director shall jointly determine the maximum grade to be
used, with final approval of the County Planning Commission. The Planning
Commission may make variances to these requirements where it is determined that
unusual topographical and/or other exceptional conditions require such modifications
in streets and highway standards.
(Ord. 1164. Passed 8-16-82.)
1109.04 INSPECTIONS.
(a) Schedule of Inspections. Streets shall be constructed in accordance with the
approved plans and specifications on file with the County Engineer's Office as
approved by the County Planning Commission. The Engineer's Department shall
inspect all road construction three or four times prior to the completion and
acceptance for maintenance. Also, the Engineer's Department shall have the authority
to require core samples after construction is completed. County Engineer's Office shall
be contacted to make periodic inspections as the contractor progresses, according to
the following schedule:
(1) When the subgrading is completed.
(2) When the road base has been installed.
(3) When the paving and drainage have been completed. (The Township
Trustees may accompany the Engineer on the third inspection.)
(4) Additional inspections shall be made to view corrections of deficiency
found during the above inspections.
(b) Inspection Fees. A fee schedule shall be established by the County Engineer
for ongoing inspection by his personnel. The ongoing inspection fee shall be fifteen
dollars ($15.00) per trip. The developer shall make provisions for testing or
certification of materials when the County Engineer so requires.
(Ord. 1164. Passed 8-16-82.)
(a) Schedule of Inspections. Streets shall be constructed in accordance with the
approved plans and specifications on file with the County Engineer's Office as
approved by the County Planning Commission. The Engineer's Department shall
inspect all road construction three or four times prior to the completion and
acceptance for maintenance. Also, the Engineer's Department shall have the authority
to require core samples after construction is completed. County Engineer's Office shall
be contacted to make periodic inspections as the contractor progresses, according to
the following schedule:
(1) When the subgrading is completed.
(2) When the road base has been installed.
(3) When the paving and drainage have been completed. (The Township
Trustees may accompany the Engineer on the third inspection.)
(4) Additional inspections shall be made to view corrections of deficiency
found during the above inspections.
(b) Inspection Fees. A fee schedule shall be established by the County Engineer
for ongoing inspection by his personnel. The ongoing inspection fee shall be fifteen
dollars ($15.00) per trip. The developer shall make provisions for testing or
certification of materials when the County Engineer so requires.
(Ord. 1164. Passed 8-16-82.)
1109.05 ROADWAY PLAN REQUIREMENTS.
Plan submission to the Columbiana County Planning Commission shall be on
twenty-four inch by thirty-six inch prints, six sets, and shall include, as a minimum, the
following:
(a) Title Sheet.
(1) Subdivision name
(2) Township and section(s)
(3) Owner's name(s)
(4) Developer's name(s)
(5) Engineer's name(s) and stamp
(6) Location map
(7) Sheet index
(b) Subdivision Plat.
(c) Lot Layout.
(1) Lot numbers
(2) Lot and road dedication dimensions, road stationing, curve data, etc.
(3) Utility and drainage easements
(4) Adjoining property owners
(5) Monuments, found and set
(d) Topographic Map.
(1) Two foot or five foot intervals
(2) Lot layout on topography
(3) Give benchmark reference
(e) Road Profile.
(1) Show existing and proposed elevations
(2) Give benchmark reference
(3) Typical roadway section
(f) Road cross-sections. Show existing and proposed elevations of road
cross-sections.
(g) Drainage Plan.
(1) Show hydraulic calculations
(2) Show percolation test results, when required by health department
(h) Roadway construction schedule. A roadway construction schedule prepared
by the developer on 8-1/2 by 11 paper.
The Engineer's name and stamp shall appear on the lower right side of all plans
submitted.
All plans shall be prepared in a neat, legible and professional manner in accordance
with acceptable engineering standards.
(Ord. 1164. Passed 8-16-82.)
Plan submission to the Columbiana County Planning Commission shall be on
twenty-four inch by thirty-six inch prints, six sets, and shall include, as a minimum, the
following:
(a) Title Sheet.
(1) Subdivision name
(2) Township and section(s)
(3) Owner's name(s)
(4) Developer's name(s)
(5) Engineer's name(s) and stamp
(6) Location map
(7) Sheet index
(b) Subdivision Plat.
(c) Lot Layout.
(1) Lot numbers
(2) Lot and road dedication dimensions, road stationing, curve data, etc.
(3) Utility and drainage easements
(4) Adjoining property owners
(5) Monuments, found and set
(d) Topographic Map.
(1) Two foot or five foot intervals
(2) Lot layout on topography
(3) Give benchmark reference
(e) Road Profile.
(1) Show existing and proposed elevations
(2) Give benchmark reference
(3) Typical roadway section
(f) Road cross-sections. Show existing and proposed elevations of road
cross-sections.
(g) Drainage Plan.
(1) Show hydraulic calculations
(2) Show percolation test results, when required by health department
(h) Roadway construction schedule. A roadway construction schedule prepared
by the developer on 8-1/2 by 11 paper.
The Engineer's name and stamp shall appear on the lower right side of all plans
submitted.
All plans shall be prepared in a neat, legible and professional manner in accordance
with acceptable engineering standards.
(Ord. 1164. Passed 8-16-82.)
1109.06 ROAD TYPES.
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(b) Definitions.
(1) "Major collector" means subdivision road(s) that connect other major
collector roads. (County, state or major township roads.)
(2) "Minor collector" means subdivision road(s) intersected by adjoining
subdivision roads or road(s) over 500 feet long.
(3) "Residential!" means subdivision road(s) 500 feet or less in length, or
road(s) serving no more than ten lots.
Higher standards of street design for all streets may be required as recommended
by the County Engineer and approved by the County Planning Commission.
(Ord. 1164. Passed 8-16-82.)
(1) "Major collector" means subdivision road(s) that connect other major
collector roads. (County, state or major township roads.)
(2) "Minor collector" means subdivision road(s) intersected by adjoining
subdivision roads or road(s) over 500 feet long.
(3) "Residential!" means subdivision road(s) 500 feet or less in length, or
road(s) serving no more than ten lots.
Higher standards of street design for all streets may be required as recommended
by the County Engineer and approved by the County Planning Commission.
(Ord. 1164. Passed 8-16-82.)
1109.07 CURBS AND GUTTERS.
Curbs shall be required on all streets. In commercial developments or where other
similar intensive urban uses exist or are anticipated, curbs shall be required. The
installation of curbs may be required on major, secondary or minor highways if such
construction is deemed necessary for public safety. Where curbs exist on abutting
properties, their extension shall be required throughout the proposed subdivision.
Curbs may be of the wall type or may be combined with gutters built of concrete.
Curbs, combined curbs and gutters and graded gutters shall be constructed in
conformance with the current "Construction and Material Specifications" of the State
Department of Highways as they pertain to this type of improvement.
(Ord. 1164. Passed 8-16-82.)
Curbs shall be required on all streets. In commercial developments or where other
similar intensive urban uses exist or are anticipated, curbs shall be required. The
installation of curbs may be required on major, secondary or minor highways if such
construction is deemed necessary for public safety. Where curbs exist on abutting
properties, their extension shall be required throughout the proposed subdivision.
Curbs may be of the wall type or may be combined with gutters built of concrete.
Curbs, combined curbs and gutters and graded gutters shall be constructed in
conformance with the current "Construction and Material Specifications" of the State
Department of Highways as they pertain to this type of improvement.
(Ord. 1164. Passed 8-16-82.)
1109.08 MISCELLANEOUS DESIGN STANDARDS.
(a) Corner Radii at Intersections. Streets intersecting at right angles shall be
rounded at the curb or placement line with a minimum radius of forty feet where traffic
is restricted to passenger cars and small delivery (panel) trucks, and a minimum of fifty
feet where commercial trucks and buses are permitted. The intersection of the
right-of-way lines at all street intersections shall be rounded by a minimum radius of
twenty-five feet unless a greater radius is required by the Planning Commission.
(b) Dead-End Streets. Dead-end streets (cul-de-sacs) designed to be so
permanently, shall be provided at the end with a turnaround having a minimum outside
pavement turning radius of forty feet. The interior of this circle shall be fully paved and
shall have no less than six inches of fall from the center to the outside of the
cul-de-sac pavement. See Appendices for design standards.
(c) Temporary Turnarounds.
(1) A temporary turnaround as provided in the Appendices, shall be
installed at the end of a street where future development will extent the street beyond
this point.
(2) A turnaround or cul-de-sac whether permanent or temporary shall
provide dedication to adjoining property where such distance to property line is less
than 200 feet.
(d) Blocks. A block shall not exceed 1600 feet in length and shall not be less
than 400 feet in length. The Planning Commission shall require that the characteristics
of blocks bear close relation to the use of land. Where blocks are longer, or the
greater dimension is more than 900 feet, crosswalk easements not less than ten feet in
width may be required near the center of the block.
(e) Minor Plats (Private Roads or Streets).
(1) Private roads, streets, easements, accesses, right-of-ways, etc. , shall
not be established over more than one alignment on any one tract.
(2) Private roads, streets, easements, accesses, right-of-ways, etc., which
provide ingress or egress to two or more property owners shall be constructed to the
same standards as provided in these Subdivision Regulations, and the means of
maintenance shall be approved by the Planning Commission, and such agreement
shall be outlined on the plat.
(f) Narrow Access Strips in Lieu of Right-of-Ways.
(1) Access strips means a narrow 30 foot strip of land owned in fee simple
by a property owner whose property has no other means of ingress or egress.
(2) Such strips shall terminate at a legally defined road or highway.
(3) Access strips shall be kept to a minimum of thirty feet in width.
(4) No more than two thirty foot wide adjoining access strips shall be
approved.
(g) Minor Subdivisions (Landlocked Parcels). No minor subdivision shall be
approved where access to the tract or tracts created by such subdivision is not as
provided in accordance with other provisions of these Subdivision Regulations.
(Ord. 1164. Passed 8-16-82.)
(a) Corner Radii at Intersections. Streets intersecting at right angles shall be
rounded at the curb or placement line with a minimum radius of forty feet where traffic
is restricted to passenger cars and small delivery (panel) trucks, and a minimum of fifty
feet where commercial trucks and buses are permitted. The intersection of the
right-of-way lines at all street intersections shall be rounded by a minimum radius of
twenty-five feet unless a greater radius is required by the Planning Commission.
(b) Dead-End Streets. Dead-end streets (cul-de-sacs) designed to be so
permanently, shall be provided at the end with a turnaround having a minimum outside
pavement turning radius of forty feet. The interior of this circle shall be fully paved and
shall have no less than six inches of fall from the center to the outside of the
cul-de-sac pavement. See Appendices for design standards.
(c) Temporary Turnarounds.
(1) A temporary turnaround as provided in the Appendices, shall be
installed at the end of a street where future development will extent the street beyond
this point.
(2) A turnaround or cul-de-sac whether permanent or temporary shall
provide dedication to adjoining property where such distance to property line is less
than 200 feet.
(d) Blocks. A block shall not exceed 1600 feet in length and shall not be less
than 400 feet in length. The Planning Commission shall require that the characteristics
of blocks bear close relation to the use of land. Where blocks are longer, or the
greater dimension is more than 900 feet, crosswalk easements not less than ten feet in
width may be required near the center of the block.
(e) Minor Plats (Private Roads or Streets).
(1) Private roads, streets, easements, accesses, right-of-ways, etc. , shall
not be established over more than one alignment on any one tract.
(2) Private roads, streets, easements, accesses, right-of-ways, etc., which
provide ingress or egress to two or more property owners shall be constructed to the
same standards as provided in these Subdivision Regulations, and the means of
maintenance shall be approved by the Planning Commission, and such agreement
shall be outlined on the plat.
(f) Narrow Access Strips in Lieu of Right-of-Ways.
(1) Access strips means a narrow 30 foot strip of land owned in fee simple
by a property owner whose property has no other means of ingress or egress.
(2) Such strips shall terminate at a legally defined road or highway.
(3) Access strips shall be kept to a minimum of thirty feet in width.
(4) No more than two thirty foot wide adjoining access strips shall be
approved.
(g) Minor Subdivisions (Landlocked Parcels). No minor subdivision shall be
approved where access to the tract or tracts created by such subdivision is not as
provided in accordance with other provisions of these Subdivision Regulations.
(Ord. 1164. Passed 8-16-82.)
1109.09 OFF-STREET PARKING AND LOADING.
(a) Parking Spaces. In computing the number of parking spaces required by
these Subdivision Regulations, a "parking space" means an enclosed or unenclosed
area of not less than 200 square feet, permanently reserved for off-street parking and
connected with a street or alley by a driveway which affords satisfactory ingress or
egress. The following general requirements shall govern:
(1) Uses not specified. The parking space requirement for a use not
specifically mentioned herein shall be the same as required for a use of similar nature.
(2) Mixed uses. In the case of the mixed uses, the parking spaces required
shall be equal to the sum of the requirements of the various uses computed separately.
(3) Location of parking spaces. All parking spaces required herein shall be
located on the same lot with the building or use served or where such spaces are
provided collectively or used jointly by two or more buildings or establishments. The
required spaces may be located not to exceed 500 feet from any nonresidential
building served.
(b) Specific Requirements. Whenever land is subdivided as defined herein,
there shall be provided at the time any building or structure is erected, off-street
parking or loading spaces in accordance with the following requirements:
(1) Dwelling. One parking space for each dwelling unit or apartment, such
dwelling to include any building or portion thereof used for dwelling purposes.
(2) Rooming or boarding house or hotel. One parking space for each two
sleeping rooms or suites, any such establishment to include any building where
lodging or lodging and meals are provided for definite periods for three or more
persons not permanent residents of the establishment.
(3) Tourist home, cabin or motel, or seasonal camp or cabin. One parking
space for each sleeping room or sleeping unit.
(4) School, church or temple. One parking space for each six seats in the
main auditorium or for each classroom, whichever is greater.
(5) Group home, halfway houses. One parking space for every two beds.
(6) Hospital, sanitarium or similar institutions. One parking space for each
four beds.
(7) Theater, auditorium, dance hall, café, sports arena or similar
recreational or amusement establishment. One parking unit for each five seats or
seating space, or for establishments without fixed seats, one parking space for each
100 square feet of floor space.
(8) Commercial or personal service establishment or office. Two parking
spaces plus one additional space for each 200 square feet of floor area over 500.
(9) Manufacturing or other industrial or processing establishment, and
warehouse, truck depot, or similar establishment. One parking space for each two
employees on the maximum working shift plus space to accommodate all other vehicles
used in connection therewith. (Ord. 1164. Passed 8-16-82.)
(a) Parking Spaces. In computing the number of parking spaces required by
these Subdivision Regulations, a "parking space" means an enclosed or unenclosed
area of not less than 200 square feet, permanently reserved for off-street parking and
connected with a street or alley by a driveway which affords satisfactory ingress or
egress. The following general requirements shall govern:
(1) Uses not specified. The parking space requirement for a use not
specifically mentioned herein shall be the same as required for a use of similar nature.
(2) Mixed uses. In the case of the mixed uses, the parking spaces required
shall be equal to the sum of the requirements of the various uses computed separately.
(3) Location of parking spaces. All parking spaces required herein shall be
located on the same lot with the building or use served or where such spaces are
provided collectively or used jointly by two or more buildings or establishments. The
required spaces may be located not to exceed 500 feet from any nonresidential
building served.
(b) Specific Requirements. Whenever land is subdivided as defined herein,
there shall be provided at the time any building or structure is erected, off-street
parking or loading spaces in accordance with the following requirements:
(1) Dwelling. One parking space for each dwelling unit or apartment, such
dwelling to include any building or portion thereof used for dwelling purposes.
(2) Rooming or boarding house or hotel. One parking space for each two
sleeping rooms or suites, any such establishment to include any building where
lodging or lodging and meals are provided for definite periods for three or more
persons not permanent residents of the establishment.
(3) Tourist home, cabin or motel, or seasonal camp or cabin. One parking
space for each sleeping room or sleeping unit.
(4) School, church or temple. One parking space for each six seats in the
main auditorium or for each classroom, whichever is greater.
(5) Group home, halfway houses. One parking space for every two beds.
(6) Hospital, sanitarium or similar institutions. One parking space for each
four beds.
(7) Theater, auditorium, dance hall, café, sports arena or similar
recreational or amusement establishment. One parking unit for each five seats or
seating space, or for establishments without fixed seats, one parking space for each
100 square feet of floor space.
(8) Commercial or personal service establishment or office. Two parking
spaces plus one additional space for each 200 square feet of floor area over 500.
(9) Manufacturing or other industrial or processing establishment, and
warehouse, truck depot, or similar establishment. One parking space for each two
employees on the maximum working shift plus space to accommodate all other vehicles
used in connection therewith. (Ord. 1164. Passed 8-16-82.)
1109.10 DRAINAGE.
(a) Definitions. Certain terms as used herein are defined as follows:
(1) "Flood hazards" means overflow water having sufficient velocity to
transport debris to scour the surface soil, or to dislodge or damage buildings. It also
means erosion of the backwater courses.
(2) "Inundations" means standing water or water in motion, of sufficient
depth to damage property due to mere presence of water or of the deposition of silt.
(3) "Average recurrence intervals” means the average intervals in years
between storm water flow of a given magnitude, or greater, over a long period of time,
such as 50 or 100 years.
(4) "Waterways".
A. "Major" means those with tributary area in excess of four square
miles.
B. "Minor" means those with a tributary area of one or less square
miles.
C. "Secondary" means those with a tributary area of between one
and four square miles.
(b) General Requirements. Subdivisions shall be protected from flood hazards
and inundation by storm water, springs and other surface waters. The design and
construction of the drainage facilities shall be such that water courses traversing the
subdivision and water emanating from within the subdivision shall be carried through
and off the subdivision without any injury to improvements, residential sites or
residences to be installed within the tract. Drainage water entering the subdivision
shall be received and discharged from the subdivision at the location, and as nearly as
possible in the same manner, as existed prior to the construction of the drainage
facilities. Design of these facilities shall be such that they shall conform to the ultimate
drainage plan for the watershed area in which the subdivision is located.
(c) Design of Drainage Facilities.
(1) Basic information and data shall include:
A. A contour map of the site and adjacent areas including all natural
topographical features, possible outfalls and ditches and any adjoining terrain sloping
toward the site. The contour interval shall not be more than two feet.
B. A drainage working drawing, as an additional map, shall be
submitted. This drainage shall show the layout of the paved areas and building areas,
as well as all future master plan developments. It shall show tentative finished grade
contours, all existing and proposed pipelines, manholes, inlets, outfalls, individual
drainage areas in the subdivision, slopes and like streams.
C. Boring plans and soil profiles prepared on the basis of soil tests,
indicating data on ground water elevation. This data shall include infiltration properties
of the soil.
(2) Hydrologic design. Those waterways set forth in an adapted plan for
Columbiana County in sections related to drainage shall be designed and constructed
for the quantities of water indicated in accordance with the following frequencies:
A. Major waterways; an average recurrence interval of 100 years.
B. Secondary waterways; an average recurrence interval of 50 years.
C. Minor waterways; an average recurrence interval of 10 years.
Design quantities of flow for major waterways shall be provided. Design flow for
secondary and minor drainage facilities shall be computed by the subdivision's
engineer by use of the rational formula: Q = C i A.
Where Q = Cubic feet per second
C = Runoff coefficient
i = Intensity of rainfall in inches per hour
A = Tributary area in acres
(3) Hydraulic design. The hydraulic design of the area shall be such that,
after accumulating all energy losses through the various drainage transmission
systems within the subdivision depths of flow shall not exceed curb height for a ten
year average recurrence interval. For more remote events depth of flow or ponding
shall not exceed a level of which would cause inundations of foundations or basements
in residential structures within the subdivision. Further, unless approved by the
Director, no design energy grade line of any closed or open waterways, or any
bridges, culverts or other appurtenances thereto, excepting curb gutter or road side
ditches sections, shall at any point be less than three feet below ground level. Within
the subdivision, catch basins shall be so placed along the streets that the width of the
flow in the gutter shall not exceed two feet for a one year average recurrence interval
and will not exceed the top of the curb for a ten year average recurrence interval. Site
grading within the subdivision shall be such that all lots and service areas will drain
readily. Bridges and box culverts spanning open waterways shall have a minimum
freeboard above water surface of one and one-half feet. French drains may be used
as a temporary flow correction, but only after approval by the Director.
(4) Structural design. Catch basins, manholes, inlet structures, temporary
drains and sumps placed within the subdivision shall conform to standard drawings as
adopted by the latest Ohio Department of Transportation Construction Design Manual.
A. Channels. Centerline radius, minimum top and bottom widths, side
slope ratios, factor of roughness and other channel flow data shall conform to the
County Engineer's requirements. Earth channels constructed within the subdivision
shall have side slopes of one foot vertical to two feet horizontal or flatter. Revetment,
bank stabilization and stream bed stabilization along constructed or natural channels,
shall be required if the channel velocities are sufficient to cause bank or invert erosion.
The top of the bank shall be so graded that side drainage shall enter channels only at
points where structural inlets are provided to prevent bank erosion. Side drainage
tributaries shall enter the main channels as nearly parallel with stream flow as possible.
Earth channels constructed in those areas not reveted, shall be secured from erosion,
siltation and increased flow concentration by planting of vegetation and by mulching as
specified by the Planning Commission.
B. Closed Conduits. Except for adequate natural waterways and
allowable gutter flows, all storm drainage within the subdivision which is capable of
being transmitted in a reinforced concrete pipe forty-two inches or less in diameter or
equivalent material with the same flow capacities shall be carried R.C. P. or equivalent,
and the minimum clearance between top of pipe and ground shall be two feet. The
alignment of closed conduit shall be as nearly straight as practicable without undue
bends and angle points; manholes shall be provided at all angle points and at intervals
not to exceed 400 feet along the conduit. Inverted siphons shall not be permitted
except for temporary structures. Nonreinforced concrete pipe, or the equivalent, may
be used outside of road right-of-way provided the strength of such pipe is sufficient to
withstand loads imposed upon them. In the event of possible erosion conditions in
closed conduits, additional paving shall be provided as necessary to assure a project
life of fifty years.
(d) Headwalls.
(1) Headwalls (cut-off) shall be required on all surface drainage pipes.
Where we have cross pipes, at least the main streets shall have headwalls.
(2) Headwalls or rip rap or both shall be required on all pipe structures.
These are pipe structures that are large enough to take the place of a bridge. All
headwall structures shall be designed to State Highway Standards.
(e) Right of Way for Drainage Purposes.
(1) Right of way for closed conduits and appurtenances. An easement not
less than eight feet in width and sufficient to contain the closed conduit and
appurtenances plus two feet on either side thereof shall be dedicated on the final map
of the subdivision as follows: "Drainage Easement to Township". Drainage easements
for closed conduit shall not traverse a building site and shall, insofar as possible, be
placed along or adjacent to lot boundary lines in a straight alignment without angle
points.
(2) Right-of-way for natural waterways. Where natural waterways traverse
the subdivision requiring sufficient waterway area to contain design discharge within
design limits as hereinafter stated, and where such natural waterways are endowed
with sufficient natural beauty and have proved themselves reasonably stable, the
subdivider may leave such channels in their natural state. Such scenic waterways as
dedicated under this section need not be fenced, but shall have permanent marker
posts extending three feet above ground set at all intersecting property lines along the
right-of-way line and at angle points. When natural waterways contain sufficient
waterway area or where such waterways have proved themselves unstable only at
frequent locations, and where minor construction could provide an adequate channel
and still preserve, in the main, the natural channel beauty, the subdivider may make
such minor improvements as is required to provide a channel which would otherwise
meet the conditions of this section.
(3) Right of way for constructed channels and appurtenances. Earth
channels constructed within the subdivision shall have sufficient right-of-way dedicated
to contain the top width of the channel plus an eight foot horizontal continuous
maintenance way on one side, and two feet horizontal on the other side for channels
less than fifty feet in top width. A ten foot horizontal maintenance way shall be provided
on both sides of channels having a top width greater than fifty feet.
A. Right-of-way concrete lined channels shall extend to edge of
concrete only, with ten feet access provided at intervals of not less than 1000 feet.
Such access shall extend to channel invert by means of access ramps having a
maximum slope not to exceed fifteen percent (15%).
B. All constructed channels shall have either a five foot high chain
link fence or a four foot chain link fence with a two-strand barb wire placed along the
right-of-way line. Chain link drive gates shall be provided at road intersections and all
other points of access.
C. The right-of-way width for earth channels shall be increased over
that given above as necessary to provide an eight foot access around any structure of
bridge and in the event that the right-of-way does not intersect a road, ten feet access
shall be provided for a road.
D. Right-of-way for constructed channels shall be dedicated as a
separate parcel, or parcels, on the final subdivision map and designated as follows:
"Right-of-way to "
(f) Tentative Drainage Plans. The Planning Commission may require where it
deems necessary that a tentative subdivision map with sufficient data for the
Commission's staff to check the feasibility of the drainage system as proposed by the
subdivider. The following data shall be provided:
(1) Hydrologic calculations (at all critical points within the subdivision)
A. Tributary drainage area delineated on the map
B. Times of concentration
C. Intensity of rainfall
D. Runoff coefficient
E. Design flow.
(2) Hydraulic calculations.
A. The plan and profiles of all drainage ways shall be provided,
imposed upon which shall be the design energy and hydraulic grade lines.
B. Sizes and types of drainage improvements, including special
structure, typical sections, right-of-way width and fencing.
C. Supporting calculations for upstream and downstream channel
capacities as they affect overflow or backwater within the subdivision. Such
calculations shall substantiate such additional survey information as is required to
determine profile and cross section of the upstream and downstream channel portion
under consideration.
D. Sufficient contours and grading details to indicate proposed street
grades and elevations and site grades and elevations throughout the subdivision.
(g) Construction Plans. The final construction plans for drainage within the
subdivision shall conform to the provision of these Subdivision Regulations and to any
special conditions as required by the Planning Commission in approving the tentative
map. Such construction plans for drainage shall be approved by the staff of the
Commission prior to construction of any drainage facilities within the subdivision.
(Ord. 1164. Passed 8-16-82.)
(a) Definitions. Certain terms as used herein are defined as follows:
(1) "Flood hazards" means overflow water having sufficient velocity to
transport debris to scour the surface soil, or to dislodge or damage buildings. It also
means erosion of the backwater courses.
(2) "Inundations" means standing water or water in motion, of sufficient
depth to damage property due to mere presence of water or of the deposition of silt.
(3) "Average recurrence intervals” means the average intervals in years
between storm water flow of a given magnitude, or greater, over a long period of time,
such as 50 or 100 years.
(4) "Waterways".
A. "Major" means those with tributary area in excess of four square
miles.
B. "Minor" means those with a tributary area of one or less square
miles.
C. "Secondary" means those with a tributary area of between one
and four square miles.
(b) General Requirements. Subdivisions shall be protected from flood hazards
and inundation by storm water, springs and other surface waters. The design and
construction of the drainage facilities shall be such that water courses traversing the
subdivision and water emanating from within the subdivision shall be carried through
and off the subdivision without any injury to improvements, residential sites or
residences to be installed within the tract. Drainage water entering the subdivision
shall be received and discharged from the subdivision at the location, and as nearly as
possible in the same manner, as existed prior to the construction of the drainage
facilities. Design of these facilities shall be such that they shall conform to the ultimate
drainage plan for the watershed area in which the subdivision is located.
(c) Design of Drainage Facilities.
(1) Basic information and data shall include:
A. A contour map of the site and adjacent areas including all natural
topographical features, possible outfalls and ditches and any adjoining terrain sloping
toward the site. The contour interval shall not be more than two feet.
B. A drainage working drawing, as an additional map, shall be
submitted. This drainage shall show the layout of the paved areas and building areas,
as well as all future master plan developments. It shall show tentative finished grade
contours, all existing and proposed pipelines, manholes, inlets, outfalls, individual
drainage areas in the subdivision, slopes and like streams.
C. Boring plans and soil profiles prepared on the basis of soil tests,
indicating data on ground water elevation. This data shall include infiltration properties
of the soil.
(2) Hydrologic design. Those waterways set forth in an adapted plan for
Columbiana County in sections related to drainage shall be designed and constructed
for the quantities of water indicated in accordance with the following frequencies:
A. Major waterways; an average recurrence interval of 100 years.
B. Secondary waterways; an average recurrence interval of 50 years.
C. Minor waterways; an average recurrence interval of 10 years.
Design quantities of flow for major waterways shall be provided. Design flow for
secondary and minor drainage facilities shall be computed by the subdivision's
engineer by use of the rational formula: Q = C i A.
Where Q = Cubic feet per second
C = Runoff coefficient
i = Intensity of rainfall in inches per hour
A = Tributary area in acres
(3) Hydraulic design. The hydraulic design of the area shall be such that,
after accumulating all energy losses through the various drainage transmission
systems within the subdivision depths of flow shall not exceed curb height for a ten
year average recurrence interval. For more remote events depth of flow or ponding
shall not exceed a level of which would cause inundations of foundations or basements
in residential structures within the subdivision. Further, unless approved by the
Director, no design energy grade line of any closed or open waterways, or any
bridges, culverts or other appurtenances thereto, excepting curb gutter or road side
ditches sections, shall at any point be less than three feet below ground level. Within
the subdivision, catch basins shall be so placed along the streets that the width of the
flow in the gutter shall not exceed two feet for a one year average recurrence interval
and will not exceed the top of the curb for a ten year average recurrence interval. Site
grading within the subdivision shall be such that all lots and service areas will drain
readily. Bridges and box culverts spanning open waterways shall have a minimum
freeboard above water surface of one and one-half feet. French drains may be used
as a temporary flow correction, but only after approval by the Director.
(4) Structural design. Catch basins, manholes, inlet structures, temporary
drains and sumps placed within the subdivision shall conform to standard drawings as
adopted by the latest Ohio Department of Transportation Construction Design Manual.
A. Channels. Centerline radius, minimum top and bottom widths, side
slope ratios, factor of roughness and other channel flow data shall conform to the
County Engineer's requirements. Earth channels constructed within the subdivision
shall have side slopes of one foot vertical to two feet horizontal or flatter. Revetment,
bank stabilization and stream bed stabilization along constructed or natural channels,
shall be required if the channel velocities are sufficient to cause bank or invert erosion.
The top of the bank shall be so graded that side drainage shall enter channels only at
points where structural inlets are provided to prevent bank erosion. Side drainage
tributaries shall enter the main channels as nearly parallel with stream flow as possible.
Earth channels constructed in those areas not reveted, shall be secured from erosion,
siltation and increased flow concentration by planting of vegetation and by mulching as
specified by the Planning Commission.
B. Closed Conduits. Except for adequate natural waterways and
allowable gutter flows, all storm drainage within the subdivision which is capable of
being transmitted in a reinforced concrete pipe forty-two inches or less in diameter or
equivalent material with the same flow capacities shall be carried R.C. P. or equivalent,
and the minimum clearance between top of pipe and ground shall be two feet. The
alignment of closed conduit shall be as nearly straight as practicable without undue
bends and angle points; manholes shall be provided at all angle points and at intervals
not to exceed 400 feet along the conduit. Inverted siphons shall not be permitted
except for temporary structures. Nonreinforced concrete pipe, or the equivalent, may
be used outside of road right-of-way provided the strength of such pipe is sufficient to
withstand loads imposed upon them. In the event of possible erosion conditions in
closed conduits, additional paving shall be provided as necessary to assure a project
life of fifty years.
(d) Headwalls.
(1) Headwalls (cut-off) shall be required on all surface drainage pipes.
Where we have cross pipes, at least the main streets shall have headwalls.
(2) Headwalls or rip rap or both shall be required on all pipe structures.
These are pipe structures that are large enough to take the place of a bridge. All
headwall structures shall be designed to State Highway Standards.
(e) Right of Way for Drainage Purposes.
(1) Right of way for closed conduits and appurtenances. An easement not
less than eight feet in width and sufficient to contain the closed conduit and
appurtenances plus two feet on either side thereof shall be dedicated on the final map
of the subdivision as follows: "Drainage Easement to Township". Drainage easements
for closed conduit shall not traverse a building site and shall, insofar as possible, be
placed along or adjacent to lot boundary lines in a straight alignment without angle
points.
(2) Right-of-way for natural waterways. Where natural waterways traverse
the subdivision requiring sufficient waterway area to contain design discharge within
design limits as hereinafter stated, and where such natural waterways are endowed
with sufficient natural beauty and have proved themselves reasonably stable, the
subdivider may leave such channels in their natural state. Such scenic waterways as
dedicated under this section need not be fenced, but shall have permanent marker
posts extending three feet above ground set at all intersecting property lines along the
right-of-way line and at angle points. When natural waterways contain sufficient
waterway area or where such waterways have proved themselves unstable only at
frequent locations, and where minor construction could provide an adequate channel
and still preserve, in the main, the natural channel beauty, the subdivider may make
such minor improvements as is required to provide a channel which would otherwise
meet the conditions of this section.
(3) Right of way for constructed channels and appurtenances. Earth
channels constructed within the subdivision shall have sufficient right-of-way dedicated
to contain the top width of the channel plus an eight foot horizontal continuous
maintenance way on one side, and two feet horizontal on the other side for channels
less than fifty feet in top width. A ten foot horizontal maintenance way shall be provided
on both sides of channels having a top width greater than fifty feet.
A. Right-of-way concrete lined channels shall extend to edge of
concrete only, with ten feet access provided at intervals of not less than 1000 feet.
Such access shall extend to channel invert by means of access ramps having a
maximum slope not to exceed fifteen percent (15%).
B. All constructed channels shall have either a five foot high chain
link fence or a four foot chain link fence with a two-strand barb wire placed along the
right-of-way line. Chain link drive gates shall be provided at road intersections and all
other points of access.
C. The right-of-way width for earth channels shall be increased over
that given above as necessary to provide an eight foot access around any structure of
bridge and in the event that the right-of-way does not intersect a road, ten feet access
shall be provided for a road.
D. Right-of-way for constructed channels shall be dedicated as a
separate parcel, or parcels, on the final subdivision map and designated as follows:
"Right-of-way to "
(f) Tentative Drainage Plans. The Planning Commission may require where it
deems necessary that a tentative subdivision map with sufficient data for the
Commission's staff to check the feasibility of the drainage system as proposed by the
subdivider. The following data shall be provided:
(1) Hydrologic calculations (at all critical points within the subdivision)
A. Tributary drainage area delineated on the map
B. Times of concentration
C. Intensity of rainfall
D. Runoff coefficient
E. Design flow.
(2) Hydraulic calculations.
A. The plan and profiles of all drainage ways shall be provided,
imposed upon which shall be the design energy and hydraulic grade lines.
B. Sizes and types of drainage improvements, including special
structure, typical sections, right-of-way width and fencing.
C. Supporting calculations for upstream and downstream channel
capacities as they affect overflow or backwater within the subdivision. Such
calculations shall substantiate such additional survey information as is required to
determine profile and cross section of the upstream and downstream channel portion
under consideration.
D. Sufficient contours and grading details to indicate proposed street
grades and elevations and site grades and elevations throughout the subdivision.
(g) Construction Plans. The final construction plans for drainage within the
subdivision shall conform to the provision of these Subdivision Regulations and to any
special conditions as required by the Planning Commission in approving the tentative
map. Such construction plans for drainage shall be approved by the staff of the
Commission prior to construction of any drainage facilities within the subdivision.
(Ord. 1164. Passed 8-16-82.)
1109.11 OPEN SPACE REQUIREMENTS.
(a) Purpose. The purpose of providing for open space subdivision tracts is to
offer recreational opportunities close to home, to enhance the appearance of
neighborhoods through preservation of natural green spaces, to counteract the effects
of urban congestion and monotony, and to encourage participation by all age groups
in the use and care of local open space tracts. Such types as local parks, small
recreational areas and other small open spaces in a planned neighborhood pattern
are intended to conserve local spots of natural beauty, to provide structure to
neighborhood design, to add to the sense of spaciousness, to encourage cooperative
relationship between neighbors, to help promote the public health, safety, morals and
welfare of the people residing nearby and to aid in stabilizing property values.
(b) Designation of Local Space Tracts in Residential Subdivisions. No
Preliminary Plat submitted under this option for the proposed development of land for
residential purposes in Columbiana County shall be approved by the Planning
Commission unless such plan provides for local open space tracts of suitable size,
location, shape and topography with convenient pedestrian access. Such tracts are to
be incorporated in the design of the subdivision through one of the approved methods
for applying lot allocations and design standards as set forth in this section, with such
exceptions as are hereinafter provided and in accordance with and contingent upon
the adoption of appropriate zoning regulations.
(1) In the case of apartment developments such appropriate portions of the
land as are proposed as open area on the site plan, exclusive of parking areas and
driveways, shall be so located and planned as to provide, for apartment residents,
local open space amenities of such type as shall serve the purposes designated in
division (a) hereof, with openness comparable in quality and character to that of
nonapartment subdivisions developed under this option.
(2) In the case of two or more adjacent subdivisions, developers may
cooperatively allocate open space tracts, the coordinated location and design of which
shall be subject to Planning Commission approval.
(c) Minimum and Maximum Sizes. The area set aside for each local open space
tract shall be not less than 20, 000 square feet, with the exception off such features as
special street center islands other than those normally required as median strips for
boulevard-type motorways, and recreational walkways, including those that have wider
rights-of-way than are required in the Subdivision Regulations for normal street,
sidewalks and block crosswalkways.
(1) The maximum area for any separate and distinct local open space tract
or any individually enlarged space which is part of an essentially linear pattern of local
open space, excluding local stream valley parks or green belt buffers, is five acres.
(2) Where practical difficulties or unusual hardships are encountered, the
Director may, upon authorization by the Planning Commission, give written approval to
a lesser minimum area, or a greater maximum area than is required herein. If the
application of the allocation standards contained in division (h) hereof would result in
local open space tracts which are too small to be satisfactory, the Planning
Commission, may waive the requirement of allocation of local open space tracts as a
condition of approval of the Preliminary Plat of a subdivision. Each Preliminary Plat
submitted by a developer shall clearly show any of the contiguous property holdings of
such developer so that the purpose and intent of this section cannot be circumvented;
and it shall be the obligation. of the Planning Commission to take suitable steps to
assure that the developer is not omitting any of his contiguous holdings from the
Preliminary Plat.
(d) Ownership, Improvement and Maintenance Open Spaces; Exception.
(1) Local open space tracts, at the option of the developer, may be
retained permanently by him, or be deeded by him to the County or other appropriate
public entity. When such tracts are retained by the developer, plans for improvement
and maintenance of these tracts, excluding structures and equipment, shall be
approved, and suitable deed covenants documented to assure both continuing use of
the tracts for local open space purposes, and, proper operation and maintenance of
the same to the satisfaction of the Planning Commission, and, suitably managed for,
and primarily maintained for, the use of nearby residents.
(2) Acceptance of a local open space tract, when conveyed by a
developer, shall be endorsed upon the deed. Recorded with the deed shall be the
provisions that such land, being properly restricted for use as local open space only,
shall be in perpetuity. After the acceptance of the title to such local open space tracts,
and if so requested by a qualified local improvement association, the County, or the
other appropriate public entity, may arrange with such association to cooperatively
undertake the improvement and/or maintenance of such tract to the extent of mutual
agreement.
(3) Where local open space tracts are to be conveyed to a governmental
subdivision in fee, the developer shall convey them at the stage and in the condition
agreed upon in connection with processing and approval of the subdivision. Title to the
land shall be unencumbered. The governmental subdivision shall take title to such
land at a time approved by the Planning Commission and, in any case, not later than
the time at which title to the streets in the subdivision are accepted by the County. It is
the intent of this legislation that, prior to acceptance by the governmental subdivision,
the developer shall not be compelled to improve the condition of a local open space
tract, the original land features of which within the context of the final and approved
development plan, make it suitable as open space. In the case of apartment projects
all land shall be retained and maintained by the apartment owner.
(e) Standards for Allocation of Open Spaces.
(1) Percentage allocation, (Quantitative minimum standards for allocation
of acreage for local open space tracts), shall be determined, except as hereinafter
noted, as a percentage of the total gross residential acreage of the subdivision.
"Gross residential acreage" means the residentially zoned acreage within the
perimeter of the subdivision proposed for residential development, plus not more than
half the width of existing or recorded boundary streets (maximum sixty-foot
right-of-way) to which the subdivision has right of access, except storm drainage
reservation strips to the extent that they exceed in area fifteen percent (15%) of the
subdivision. The required local open space allocation schedule applicable to
residential zones in the Columbiana County Subdivision Regulations is as follows:
Type of Dwelling Unit
One-family zone
5% or 20,000 sq. ft. whichever is greater
Two-family zone
8% or 20,000 sq. ft. whichever is greater
Multiple-family zone
12% or 20,000 sq. ft. whichever is greater
(2) In a one-family zone the subdivider may elect to set aside open space
tracts in accordance with the cluster method of subdivision as provided for in division
(f) hereof, rather than the method described in this division. Regardless of method
chosen, in the one-family zone not less than five percent (5%) of the gross residential
acreage of the tract or 20, 000 square feet whichever is greater, must be allocated to
local open space, except where the development results in a density below the normal
density specified in this subsection, in which case the requirements of this subsection
shall apply.
(a) Purpose. The purpose of providing for open space subdivision tracts is to
offer recreational opportunities close to home, to enhance the appearance of
neighborhoods through preservation of natural green spaces, to counteract the effects
of urban congestion and monotony, and to encourage participation by all age groups
in the use and care of local open space tracts. Such types as local parks, small
recreational areas and other small open spaces in a planned neighborhood pattern
are intended to conserve local spots of natural beauty, to provide structure to
neighborhood design, to add to the sense of spaciousness, to encourage cooperative
relationship between neighbors, to help promote the public health, safety, morals and
welfare of the people residing nearby and to aid in stabilizing property values.
(b) Designation of Local Space Tracts in Residential Subdivisions. No
Preliminary Plat submitted under this option for the proposed development of land for
residential purposes in Columbiana County shall be approved by the Planning
Commission unless such plan provides for local open space tracts of suitable size,
location, shape and topography with convenient pedestrian access. Such tracts are to
be incorporated in the design of the subdivision through one of the approved methods
for applying lot allocations and design standards as set forth in this section, with such
exceptions as are hereinafter provided and in accordance with and contingent upon
the adoption of appropriate zoning regulations.
(1) In the case of apartment developments such appropriate portions of the
land as are proposed as open area on the site plan, exclusive of parking areas and
driveways, shall be so located and planned as to provide, for apartment residents,
local open space amenities of such type as shall serve the purposes designated in
division (a) hereof, with openness comparable in quality and character to that of
nonapartment subdivisions developed under this option.
(2) In the case of two or more adjacent subdivisions, developers may
cooperatively allocate open space tracts, the coordinated location and design of which
shall be subject to Planning Commission approval.
(c) Minimum and Maximum Sizes. The area set aside for each local open space
tract shall be not less than 20, 000 square feet, with the exception off such features as
special street center islands other than those normally required as median strips for
boulevard-type motorways, and recreational walkways, including those that have wider
rights-of-way than are required in the Subdivision Regulations for normal street,
sidewalks and block crosswalkways.
(1) The maximum area for any separate and distinct local open space tract
or any individually enlarged space which is part of an essentially linear pattern of local
open space, excluding local stream valley parks or green belt buffers, is five acres.
(2) Where practical difficulties or unusual hardships are encountered, the
Director may, upon authorization by the Planning Commission, give written approval to
a lesser minimum area, or a greater maximum area than is required herein. If the
application of the allocation standards contained in division (h) hereof would result in
local open space tracts which are too small to be satisfactory, the Planning
Commission, may waive the requirement of allocation of local open space tracts as a
condition of approval of the Preliminary Plat of a subdivision. Each Preliminary Plat
submitted by a developer shall clearly show any of the contiguous property holdings of
such developer so that the purpose and intent of this section cannot be circumvented;
and it shall be the obligation. of the Planning Commission to take suitable steps to
assure that the developer is not omitting any of his contiguous holdings from the
Preliminary Plat.
(d) Ownership, Improvement and Maintenance Open Spaces; Exception.
(1) Local open space tracts, at the option of the developer, may be
retained permanently by him, or be deeded by him to the County or other appropriate
public entity. When such tracts are retained by the developer, plans for improvement
and maintenance of these tracts, excluding structures and equipment, shall be
approved, and suitable deed covenants documented to assure both continuing use of
the tracts for local open space purposes, and, proper operation and maintenance of
the same to the satisfaction of the Planning Commission, and, suitably managed for,
and primarily maintained for, the use of nearby residents.
(2) Acceptance of a local open space tract, when conveyed by a
developer, shall be endorsed upon the deed. Recorded with the deed shall be the
provisions that such land, being properly restricted for use as local open space only,
shall be in perpetuity. After the acceptance of the title to such local open space tracts,
and if so requested by a qualified local improvement association, the County, or the
other appropriate public entity, may arrange with such association to cooperatively
undertake the improvement and/or maintenance of such tract to the extent of mutual
agreement.
(3) Where local open space tracts are to be conveyed to a governmental
subdivision in fee, the developer shall convey them at the stage and in the condition
agreed upon in connection with processing and approval of the subdivision. Title to the
land shall be unencumbered. The governmental subdivision shall take title to such
land at a time approved by the Planning Commission and, in any case, not later than
the time at which title to the streets in the subdivision are accepted by the County. It is
the intent of this legislation that, prior to acceptance by the governmental subdivision,
the developer shall not be compelled to improve the condition of a local open space
tract, the original land features of which within the context of the final and approved
development plan, make it suitable as open space. In the case of apartment projects
all land shall be retained and maintained by the apartment owner.
(e) Standards for Allocation of Open Spaces.
(1) Percentage allocation, (Quantitative minimum standards for allocation
of acreage for local open space tracts), shall be determined, except as hereinafter
noted, as a percentage of the total gross residential acreage of the subdivision.
"Gross residential acreage" means the residentially zoned acreage within the
perimeter of the subdivision proposed for residential development, plus not more than
half the width of existing or recorded boundary streets (maximum sixty-foot
right-of-way) to which the subdivision has right of access, except storm drainage
reservation strips to the extent that they exceed in area fifteen percent (15%) of the
subdivision. The required local open space allocation schedule applicable to
residential zones in the Columbiana County Subdivision Regulations is as follows:
Type of Dwelling Unit
One-family zone
5% or 20,000 sq. ft. whichever is greater
Two-family zone
8% or 20,000 sq. ft. whichever is greater
Multiple-family zone
12% or 20,000 sq. ft. whichever is greater
(2) In a one-family zone the subdivider may elect to set aside open space
tracts in accordance with the cluster method of subdivision as provided for in division
(f) hereof, rather than the method described in this division. Regardless of method
chosen, in the one-family zone not less than five percent (5%) of the gross residential
acreage of the tract or 20, 000 square feet whichever is greater, must be allocated to
local open space, except where the development results in a density below the normal
density specified in this subsection, in which case the requirements of this subsection
shall apply.
|
|
| * Gross residential acreage divided into number of dwelling units. ** Preferred - due to Columbiana County characteristics. |
(3) Allocation of storm drainage reservation strips to local open space use
(applies to all subdivisions other than cluster subdivisions referred to in division (f)
hereof). Where a storm drainage reservation strip is deemed necessary and
appropriate for water control and where natural assets of the land, including its
vegetation, is retained, such area may account for fifty percent (50%) of the total open
space requirements. A graphic, or written plan, and description of the area, showing
the land use relationship, shall be submitted to and be subject to approval of the
Planning Commission. In exceptional cases, governed chiefly by such factors as
appropriate size, degree of park-like characteristics of the drainage reservation strips,
and its location in the subdivision, the Planning Commission may agree to strip(s)
providing more than fifty percent (50%) of the local open space requirements.
(f) Cluster Subdivisions. Cluster type subdividing is permissible only when public
water supply and sanitary sewer facilities are utilized. These subdivisions may provide
one or more areas for local open space tracts through reduction of permitted minimum
lot areas and lot width provided that, land areas at least equal to the aggregate
amount the lots are reduced is designated as local open space in the subdivision
plans. These alternate provisions may supersede requirements specified in Section
1109.01(c).
(g) Cluster Subdivision Schedule.
(applies to all subdivisions other than cluster subdivisions referred to in division (f)
hereof). Where a storm drainage reservation strip is deemed necessary and
appropriate for water control and where natural assets of the land, including its
vegetation, is retained, such area may account for fifty percent (50%) of the total open
space requirements. A graphic, or written plan, and description of the area, showing
the land use relationship, shall be submitted to and be subject to approval of the
Planning Commission. In exceptional cases, governed chiefly by such factors as
appropriate size, degree of park-like characteristics of the drainage reservation strips,
and its location in the subdivision, the Planning Commission may agree to strip(s)
providing more than fifty percent (50%) of the local open space requirements.
(f) Cluster Subdivisions. Cluster type subdividing is permissible only when public
water supply and sanitary sewer facilities are utilized. These subdivisions may provide
one or more areas for local open space tracts through reduction of permitted minimum
lot areas and lot width provided that, land areas at least equal to the aggregate
amount the lots are reduced is designated as local open space in the subdivision
plans. These alternate provisions may supersede requirements specified in Section
1109.01(c).
(g) Cluster Subdivision Schedule.
|
In cluster subdivisions, covenants subject to approval of the Planning Commission to
insure permanence and proper use of the open space tracts, must be recorded.
(h) Design and Procedures Manual for Developers. Council may provide and
from time to time revise, a manual of design and administration of this section, such
manual to serve as a guide for developers and as an aid in the administration of the
provisions of these Subdivision Regulations.
(Ord. 1164. Passed 8-16-82.)
insure permanence and proper use of the open space tracts, must be recorded.
(h) Design and Procedures Manual for Developers. Council may provide and
from time to time revise, a manual of design and administration of this section, such
manual to serve as a guide for developers and as an aid in the administration of the
provisions of these Subdivision Regulations.
(Ord. 1164. Passed 8-16-82.)
APPENDICES
These appendices are hereby adopted by reference and incorporated as if fully set
out herein. Users should contact the Clerk-Treasurer’s office for a copy.
These appendices are hereby adopted by reference and incorporated as if fully set
out herein. Users should contact the Clerk-Treasurer’s office for a copy.
CODIFIED ORDINANCES OF LISBON
PART ELEVEN - PLANNING AND ZONING
TITLE THREE - Zoning Code
Chap. 1160. General Provisions and Definitions.
Chap. 1162. Administration, Enforcement and Penalty.
Chap. 1164. Board of Zoning Appeals.
Chap. 1166. Amendments.
Chap. 1168. Districts Generally and Zoning District Map.
Chap. 1170. Use Regulations.
Chap. 1172. Special Provisions for Residential Uses Only.
Chap. 1174. Special Provisions for Residential, Commercial and Industrial
Uses.
Chap. 1176. Nonconforming Uses.
Chap. 1178. Minimum Dimensional Requirements.
Chap. 1180. Planned Unit Development.
Chap. 1182. Off-Street Parking and Loading.
Appendix.
PART ELEVEN - PLANNING AND ZONING
TITLE THREE - Zoning Code
Chap. 1160. General Provisions and Definitions.
Chap. 1162. Administration, Enforcement and Penalty.
Chap. 1164. Board of Zoning Appeals.
Chap. 1166. Amendments.
Chap. 1168. Districts Generally and Zoning District Map.
Chap. 1170. Use Regulations.
Chap. 1172. Special Provisions for Residential Uses Only.
Chap. 1174. Special Provisions for Residential, Commercial and Industrial
Uses.
Chap. 1176. Nonconforming Uses.
Chap. 1178. Minimum Dimensional Requirements.
Chap. 1180. Planned Unit Development.
Chap. 1182. Off-Street Parking and Loading.
Appendix.
CHAPTER 1160
General Provisions And Definitions
1160.01 Title, citation and reference.
1160.02 Purposes.
1160.03 Compliance required; exceptions.
1160.04 Interpretation; conflicts.
1160.05 Exempted uses.
1160.06 Separability.
1160.07 Definitions.
General Provisions And Definitions
1160.01 Title, citation and reference.
1160.02 Purposes.
1160.03 Compliance required; exceptions.
1160.04 Interpretation; conflicts.
1160.05 Exempted uses.
1160.06 Separability.
1160.07 Definitions.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R. C. 713.09
Basis of districting or zoning, classification of buildings and structures - see
Ohio R.C. 713.10
Interpretation of Table of Permitted and Conditional Uses - see P. & Z. 1170.01
Interpretation of Zoning District Map - see P. & Z. 1174.05
Conflict of laws re planned unit developments - see P. & Z. 1180.07
Licensing of artisan-contractors - see BLDG. CODE Ch. 1314
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R. C. 713.09
Basis of districting or zoning, classification of buildings and structures - see
Ohio R.C. 713.10
Interpretation of Table of Permitted and Conditional Uses - see P. & Z. 1170.01
Interpretation of Zoning District Map - see P. & Z. 1174.05
Conflict of laws re planned unit developments - see P. & Z. 1180.07
Licensing of artisan-contractors - see BLDG. CODE Ch. 1314
1160.01 TITLE, CITATION AND REFERENCE.
(a) This Zoning Code shall be known and cited as the Zoning Code of the
Village of Lisbon, Ohio, and shall be referred herein as “this Zoning Code.”
(b) Historic Downtown Lisbon shall be Lincoln Way from the Square east to the
middle of Jefferson Street and from the Square west to the middle of Beaver Street,
Market Street from the middle of Washington Street north to middle of Chestnut Street;
all of South Park Avenue, all of North Park Avenue and Nelson Street from Lincoln
Way north to the middle of East Chestnut Street.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
(a) This Zoning Code shall be known and cited as the Zoning Code of the
Village of Lisbon, Ohio, and shall be referred herein as “this Zoning Code.”
(b) Historic Downtown Lisbon shall be Lincoln Way from the Square east to the
middle of Jefferson Street and from the Square west to the middle of Beaver Street,
Market Street from the middle of Washington Street north to middle of Chestnut Street;
all of South Park Avenue, all of North Park Avenue and Nelson Street from Lincoln
Way north to the middle of East Chestnut Street.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1160.02 PURPOSES.
This Zoning Code is adopted for the purposes of protecting and promoting the
public health, safety, morals, comfort and general welfare; conserving the values of
property; facilitating the economical provision of water, sewerage, schools and other
public requirements; and lessening or avoiding congestion on public streets and
highways; protection and enhancement of the attractiveness of the Municipality as it
relates to residents, tourists and visitors, serving as a support and stimulant to
business, and thereby strengthening the economy of the municipality and its residents.
Compatibility of any and all construction of new improvements and buildings and
modifications of existing structures with the historic architectural character of the
municipality.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
This Zoning Code is adopted for the purposes of protecting and promoting the
public health, safety, morals, comfort and general welfare; conserving the values of
property; facilitating the economical provision of water, sewerage, schools and other
public requirements; and lessening or avoiding congestion on public streets and
highways; protection and enhancement of the attractiveness of the Municipality as it
relates to residents, tourists and visitors, serving as a support and stimulant to
business, and thereby strengthening the economy of the municipality and its residents.
Compatibility of any and all construction of new improvements and buildings and
modifications of existing structures with the historic architectural character of the
municipality.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1160.03 COMPLIANCE REQUIRED; EXCEPTIONS.
(a) The regulations set forth in this Zoning Code pertaining to each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or
land except as hereinafter provided.
(b) No building, structure or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered, unless in conformity with all of the
regulations specified in this Zoning Code for the district in which it is located.
(c) No building or other structure shall hereafter be erected or altered to exceed
the height limitations, to accommodate or house a greater number of families, to
occupy a greater percentage of lot area, or to have narrower or smaller rear yards,
front yards, side yards or other spaces, than required by this Zoning Code, or in any
other manner contrary to the provisions of this Zoning Code.
(d) No yard or lot existing at the time of passage of this Zoning Code shall be
reduced in dimension or area below the minimum requirements set forth in this Zoning
Code. Yards or lots created after the effective date of this Zoning Code shall meet at
least the minimum requirements established by this Zoning Code.
(e) Exceptions to these regulations in specific cases may be authorized by the
Board of Zoning Appeals where there are practical difficulties or unnecessary
hardships in carrying out the strict letter of this Zoning Code, provided that such
exceptions are in harmony with the general purpose and intent of this Zoning Code
and in accordance with the procedures and provisions specified in Chapter 1164.
Hardship shall be based on physical limitations of the land or structures and does not
encompass financial considerations.
(f) In reviewing take cognizance of the development of neighboring buildings
and properties for the purpose of achieving safe, harmonious and integrated
development of related properties.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
(a) The regulations set forth in this Zoning Code pertaining to each district shall
be minimum regulations and shall apply uniformly to each class or kind of structure or
land except as hereinafter provided.
(b) No building, structure or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered, unless in conformity with all of the
regulations specified in this Zoning Code for the district in which it is located.
(c) No building or other structure shall hereafter be erected or altered to exceed
the height limitations, to accommodate or house a greater number of families, to
occupy a greater percentage of lot area, or to have narrower or smaller rear yards,
front yards, side yards or other spaces, than required by this Zoning Code, or in any
other manner contrary to the provisions of this Zoning Code.
(d) No yard or lot existing at the time of passage of this Zoning Code shall be
reduced in dimension or area below the minimum requirements set forth in this Zoning
Code. Yards or lots created after the effective date of this Zoning Code shall meet at
least the minimum requirements established by this Zoning Code.
(e) Exceptions to these regulations in specific cases may be authorized by the
Board of Zoning Appeals where there are practical difficulties or unnecessary
hardships in carrying out the strict letter of this Zoning Code, provided that such
exceptions are in harmony with the general purpose and intent of this Zoning Code
and in accordance with the procedures and provisions specified in Chapter 1164.
Hardship shall be based on physical limitations of the land or structures and does not
encompass financial considerations.
(f) In reviewing take cognizance of the development of neighboring buildings
and properties for the purpose of achieving safe, harmonious and integrated
development of related properties.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1160.04 INTERPRETATION; CONFLICTS.
In interpreting and applying the provisions of this Zoning Code, they shall be held
to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity and general welfare. It is not the intent of
this Zoning Code to interfere with, abrogate or annual any ordinance, rule, regulation
or permit previously adopted or issued and not in conflict with any of the provisions of
this Zoning Code, or which shall be adopted or issued pursuant to law relating to the
use of buildings or premises and likewise not in conflict with the Zoning Code, nor is it
the intent of this Zoning Code to interfere with, abrogate or annul any easement,
covenant or other agreement between parties, provided, however, that where this
Zoning Code imposes a greater restriction upon the use of buildings or premises or
upon the height of buildings, or requires larger open spaces or larger lot areas, than
are imposed or required by such other ordinances or agreements, the provisions of
this Zoning Code shall control.
(Ord. 1466. Passed 4-11-94)
In interpreting and applying the provisions of this Zoning Code, they shall be held
to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity and general welfare. It is not the intent of
this Zoning Code to interfere with, abrogate or annual any ordinance, rule, regulation
or permit previously adopted or issued and not in conflict with any of the provisions of
this Zoning Code, or which shall be adopted or issued pursuant to law relating to the
use of buildings or premises and likewise not in conflict with the Zoning Code, nor is it
the intent of this Zoning Code to interfere with, abrogate or annul any easement,
covenant or other agreement between parties, provided, however, that where this
Zoning Code imposes a greater restriction upon the use of buildings or premises or
upon the height of buildings, or requires larger open spaces or larger lot areas, than
are imposed or required by such other ordinances or agreements, the provisions of
this Zoning Code shall control.
(Ord. 1466. Passed 4-11-94)
1160.05 EXEMPTED USES.
(a) The use of land for agricultural purposes, or for the construction or use of
buildings or structures incident to the use for agricultural purposes of the land on
which such buildings or structures are located, shall be permitted in all districts
established by this Zoning Code, and no zoning certificate shall be required for any
such building or structure.
(b) The location, erection, construction, reconstruction, change, alteration,
maintenance, removal, use or enlargement of any building or structure of any public
utility or railroad, whether publicly or privately owned, the use of land by any public
utility or railroad for the operation of its business, or the use of land for essential
services as herein defined, shall be permitted in all districts established by this Zoning
Code, and no zoning certificate shall be required for any building or structure or for the
use of any land essential to the operations of a public utility or railroad.
(Ord. 1466. Passed 4-11-94.)
(a) The use of land for agricultural purposes, or for the construction or use of
buildings or structures incident to the use for agricultural purposes of the land on
which such buildings or structures are located, shall be permitted in all districts
established by this Zoning Code, and no zoning certificate shall be required for any
such building or structure.
(b) The location, erection, construction, reconstruction, change, alteration,
maintenance, removal, use or enlargement of any building or structure of any public
utility or railroad, whether publicly or privately owned, the use of land by any public
utility or railroad for the operation of its business, or the use of land for essential
services as herein defined, shall be permitted in all districts established by this Zoning
Code, and no zoning certificate shall be required for any building or structure or for the
use of any land essential to the operations of a public utility or railroad.
(Ord. 1466. Passed 4-11-94.)
1160.06 SEPARABILITY.
If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning
Code is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning
Code is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
1160.07 DEFINITIONS.
(a) For the purposes of this Zoning Code, words used in the present tense shall
include the future; the plural shall include the singular, and the singular shall include
the plural; the word “shall” is intended to be mandatory; and the words “occupied” and
“used” shall be considered as though followed by the words “or intended, arranged or
designed to be occupied or used.”
(b) In addition:
(1) “Accessory use or structure” means a use or structure (such as a
garage) incidental to the main use of the land or building. In buildings restricted to
residence use, the office of a professional person and workshops not conducted for
compensation shall be deemed accessory uses. In commercial, institutional and
industrial areas, parking lots shall be deemed accessory uses.
(2) “Agriculture” means farming, dairying, pasturage, horticulture,
viticulture, animal and poultry husbandry and the processing and sale of agricultural
products.
(3) “Alteration” means any change in the external architectural features of
any structure or building, visible from a public way or from adjoining property, in the
downtown historic district.
(4) “Applicant” means any person, association, partnership or corporation
or other similar entity who or that applies for permission to undertake any construction,
erection, alteration, painting, signing or resigning, removal, moving or demolition.
(5) “Automotive and trailer sales” means an open area, other than a street,
used for the display or sale of new or used automobiles or trailers, and where no
repair work is done, except minor incidental repair of automobiles or trailers to be
displayed and sold on the premises.
(6) “Automotive repair” means the repair, rebuilding or reconditioning of
motor vehicles or parts thereof, including collision service, painting and steam cleaning
of vehicles.
(7) “Automotive wrecking” means the dismantling or wrecking of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
(8) “Basement” means a story partly or wholly underground. For purposes
of height measurement, a basement shall be counted as a story where more than one-
half of its height is above the average level of the adjoining ground.
(9) “Billboard” and “poster panel” mean any sign or advertisement used as
an outdoor display for the purpose of making anything known, the origin or point of
sale of which is remote from such display.
(10) “Board” means the Board of Zoning Appeals of the Municipality.
(11) “Boarding house” means a building or portion thereof, other than a
hotel, where meals, or lodging and meals, for five or more persons, are provided for
compensation.
(12) “Building” means a structure having a roof supported by columns or
walls for the shelter, support or enclosure of persons, animals or chattels. When
separated by division walls from the ground up without openings, each portion of such
building shall be deemed a separate building.
(13) “Building, front line of means the line of that face of the building nearest
the front line of the lot. This face includes porches, whether enclosed or unenclosed,
but does not include steps.
(14) “Building, height of” means the vertical distance measured from the
adjoining curb grade to the highest point of the roof surface, of a flat roof, to the
deckline of a mansard roof, and to the mean height level between eaves and ridges of
a gable; hip or gambrel roof, provided that where buildings are set back from the street
line, the height of the building may be measured from the average elevation of the
finished grade along the front of the building.
(15) “Building, principal or main” means a building in which is conducted the
main or principal use of the lot on which such building is situated.
(16) “Building, unit group” means two or more buildings (other than
dwellings) grouped upon a lot and held under one ownership, such as universities,
hospitals and institutions.
(17) “Business classification” means the following:
A. “Central business” means a retail and service establishment which,
in addition to the community residents' and workers' daily needs for convenience foods
and services, also includes establishments offering comparative-type shopping
facilities. Central businesses include, but are not limited to, supermarkets and stores
for the sale of drugs, hardware, appliances, furniture, apparel and footwear, business
and personal services, professional services, offices and other similar or related
activities which can be grouped by design into a unified shopping center.
B. “Highway business” means a commercial use requiring a location
on a major thoroughfare and at its principal intersection. Highway uses include motels,
gas stations, restaurants, drive-in establishments, auto and farm implement sales and
services, building trades and services, commercial recreation and similar commercial
activities.
C. “Local neighborhood business” means a retail and service
establishment which caters to and can be located in close proximity to or within a
residential district without creating undue vehicular congestion, excessive noise or
other objectionable influence. To prevent congestion, local retail and service uses
include only those enterprises which normally employ fewer than ten persons.
Permitted uses include drug stores, beauty salons, barber shops, carry-outs, dry
cleaning and laundry pick-up facilities, and hardware and grocery stores, if such uses
contain less than 10,000 square feet of floor area. Other small businesses of an
equally restricted and local nature may be permitted, based on the discretion of the
Board of Zoning Appeals.
(18) “Business service” means any activity conducted for gain which renders
service primarily to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes or businesses.
(19) “Clerk” means the Clerk-Treasurer of the Municipality.
(20) “Clinic” means an establishment where patients who are not lodged
overnight are admitted for examination and treatment by a group of physicians
practicing medicine together.
(21) “Club” means a building or portion thereof or premises owned or
operated by a corporation, association, person or persons for a social, educational or
recreational purpose, but not primarily for profit or to render a service which is
customarily carried on as a business.
(22) “Commercial entertainment facility” means any activity conducted for
gain which is generally related to the entertainment field, such as motion picture
theaters, carnivals, nightclubs and similar types of entertainment.
(23) “Commission” means the Planning Commission of the Municipality.
(24) “Conditional use (special exception)” means a use which is subject to
conditional approval by the Board of Zoning Appeals. A conditional use may be
granted by the Board only when there is a specified provision for such special
exception made in this Zoning Code. A conditional use is not considered to be a
nonconforming use.
(25) “Council” means the Council of the Municipality.
(26) “Districts” and “zoning districts” means administrative tracts designating
the uses to which land can legally be utilized. Boundaries of the districts are shown on
the Zoning District Map, also known as the Zoning Map, which is a part of this Zoning
Code.
(27) “Drive-in commercial use” means any retail commercial use providing
considerable off-street parking and catering primarily to vehicular trade, such as drive-
in restaurants, drive-in theaters and similar uses.
(28) “Dwelling” means a building or portion thereof designed exclusively for
residential occupancy, including one-family, two-family and multiple-family dwellings,
but not including hotels and boarding and rooming houses.
(29) “Dwelling, multiple-family” means a building used or designed as a
residence for three or more families living independently of each other and doing their
own cooking therein, including apartment houses, garden apartments and row houses.
(30) “Dwelling, row” means a row of three to six attached, one-family
dwellings, not more than two rooms deep.
(31) “Dwelling, single-family” means a building designed for, or occupied
exclusively by, one family.
(32) “Dwelling, two-family” means a building designed exclusively for
occupancy by two families living independently of each other, including a duplex (one
dwelling unit above the other) or a semi-detached dwelling (one dwelling unit beside
the other).
(33) “Dwelling unit” means one or more rooms in a dwelling or apartment
hotel designed for occupancy by one family for living purposes and having cooking
facilities.
(34) “Educational institution” means a college or university giving general
academic instruction equivalent to the standards prescribed by the State Board of
Education.
(35) “Essential services” means the erection, construction, alteration or
maintenance, by public utilities or Municipal or other governmental agencies, of
underground gas, electrical or water transmission or distribution systems, collection,
communication, supply or disposal systems, including poles, wires, mains, drains,
sewers, pipes, traffic signals, hydrants or other similar equipment, and accessories in
connection therewith, reasonably necessary for the furnishing of adequate service by
such public utilities or Municipal or other governmental agencies for the public health,
safety or general welfare, but not including buildings.
(36) “Family” means one or more persons occupying a dwelling and living as
a single housekeeping unit and doing their own cooking on the premises, as
distinguished from a group occupying a boarding house or hotel, as herein defined.
(37) “Farm vacation enterprises” means farms adapted for use as vacation
farms, picnicking and sports areas, fishing waters, camping, scenery and nature
recreation area, hunting area, hunting preserve and watershed project.
(38) “Food processing” means the preparation or processing of food
products. Examples of activities included are bakeries and dairies.
(39) “Forestry” means the growing and care of trees for commercial
purposes, including the cutting and marketing of timber.
(40) “Frontage” means all the property on one side of a street between two
intersecting streets (crossing or terminating), measured at the setback building line, or
if the street is dead-ended, then all of the property abutting on one side between an
intersecting street and the dead-end of the street.
(41) “Garage, private” means a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles of the occupants of
the premises, and wherein:
A. Not more than one space is rented for parking to persons not
resident on the premises;
B. Not more than one commercial vehicle per dwelling unit is parked
or stored; and
C. The commercial vehicles permitted do not exceed two tons
capacity.
(42) “Garage, public” means a building or portion thereof, other than a
private or storage garage, designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
(43) “Gas station” and “service station” mean any building, structure or land
used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles aced replacement or installation of
minor parts and accessories, but not including major repair work, such as motor
replacement, body and fender repair or spray painting.
(44) “Highway, major” means a street or road of considerable continuity and
used primarily as a traffic artery for intercommunication among large areas.
(45) “Historic downtown district.” That area as set forth in Section
1160.01(b).
(46) “Home occupation” means an accessory use of a service character
customarily conducted within a dwelling by the residents thereof, which is clearly
secondary to the use of the dwelling for living purposes and does not change the
character thereof or have any exterior evidence of such secondary use, other than a
small sign (not over two square feet in size), and in connection with which there is not
involved the keeping of stock in trade. The office of a physician, surgeon, dentist or
other professional person, including an instructor in individual musical instruments
limited to a single pupil at a time, who offers skilled services to clients and is not
professionally engaged in the purchase or sale of economic goods, shall be deemed
to be a home occupation. The occupation of beauty operator, with not more than one
paid assistant, shall be deemed to be a home occupation. Tourist homes, real estate
offices, convalescent homes, mortuary establishments, and stores, trades or
businesses of any kind not herein excepted, shall not be deemed to be home
occupations. Borderline cases shall be ruled on by the Board of Zoning Appeals.
(47) “Institution” means buildings or land occupied by a nonprofit corporation
or a nonprofit establishment for public use.
(48) “Junk storage and sales (salvage operation)” means any lot, land or
structure, or part thereof, used primarily for the collection, storage and sale of waste
paper, rags, scrap metal or discarded material, or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in operating condition, and for the
sale of parts thereof.
(49) “Kennel” means any lot or premises on which four or more dogs, more
than four months of age, are kept.
(50) “Land Use Plan” means the long-range plan for the desirable use of
land area as adopted by the Planning Commission, the purpose of such Plan being,
among other purposes, to serve as a goal in future development and zoning for the
Municipality.
(51) “Loading space” means an off-street space or berth on the same lot
with a building, or contiguous to a group of buildings, for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials, and which
abuts upon a street or other appropriate means of access.
(52) “Lot” means a parcel of land occupied or intended for occupancy by a
use permitted in this Zoning Code, including one main building together with its
accessory buildings, the open spaces and parking spaces required by this Zoning
Code, and having its principal frontage upon a street or upon an officially approved
place. A lot may or may not be the land shown on a duly recorded plat.
(53) “Lot area” means the total horizontal area within the lot lines of a lot.
(54) “Lot, corner” means a lot, or portion thereof, not greater than 100 feet
in width and situated at the intersection of two or more streets, having an angle of
intersection of not more than 135 degrees.
(55) “Lot coverage, percentage of” means the ratio of enclosed ground floor
area of all buildings to the horizontally projected area of the lot, expressed as a
percentage.
(56) “Lot depth” means the horizontal distance between the front and rear
lot lines, measured along the median between the two side lot lines.
(57) “Lot, minimum area of means the area of a lot computed exclusive of
any portion of the right of way of any public thoroughfare.
(58) “Lot of record” means any lot which individually or as a part of a
subdivision has been recorded in the office of the Recorder of Deeds of the County.
(59) “Lot, through” means an interior lot having frontage on two or more
streets.
(60) “Lot width” means the width of a lot at the building setback line
measured at right angles to its depth. The width of lots fronting on a cul-de-sac shall
be the cord distance between side lot lines for the curve coinciding with the required
depth of the front yard.
(61) “Manufacturing” means any production or industrial process, including
food processing, which combines one or more raw materials or components into a
product, or which changes the nature of the materials entering the process.
(62) “Manufacturing, general” means any manufacturing or industrial
production which, by the nature of the materials, equipment and process utilized, is not
objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust,
smoke, refuse matter or water-carried waste. Any manufacturing or industrial process
permitted in an M-2 General Industrial District shall comply with the performance
requirements of Section 1174.01.
(63) “Manufacturing, restricted” means any manufacturing or industrial
production which, by the nature of the materials, equipment and process utilized, is, to
a considerable measure, clean, quiet and free of any objectionable or hazardous
element. Restricted manufacturing uses shall comply with the performance
requirements of Section 1174.01 and shall include the industrial uses listed below and
any other uses which are determined by the Board of Zoning Appeals to be of the
same restricted character: drugs, sporting goods, processing and assembly of glass
products, small household appliances, electronic products and parts for production of
finished equipment, research and testing laboratories, printing and engraving plants,
bakeries or dairies.
(64) “Mineral extraction, storage and processing” means any mining,
quarrying or processing of limestone, sand, gravel or other mineral resources.
(65) “Mobile home” or “house trailer” means any vehicle or similar portable
structure so designed or constructed as to permit occupancy for dwelling or sleeping
purposes.
(66) “Mobile home park” means an area manifestly designed to
accommodate mobile homes in a safe, sanitary and desirable manner as described in
Section 1172.02.
(67) “More restrictive” means, in reference to a nonconforming use, the
changing of a use to more nearly conform to the permitted use, thus increasing the
requirements, such as side yards, etc., or generally increasing the compatibility of a
nonconforming use with the requirements of the district in which it is located.
(68) “Motor court” and “motel” mean a building or group of buildings used for
the temporary residence of motorists or travelers.
(69) “Municipality” means the Municipality of Lisbon, Ohio.
(70) “Nonconforming use” means the use of land or a building, or portion
thereof, which does not conform with the use regulations of the district in which it is
situated.
(71) “Nursery,” “nursing home” and “institutional home” mean a home or
institutional facility for the care of babies, children, pensioners or elderly people,
except those for correctional or mental cases.
(72) “Off-street parking space” means any parking space located wholly off
any street, alley or sidewalk, either in an enclosed building or on an open lot, and
where sash parking space has an area of not less than 180 square feet, exclusive of
access drives or aisles.
(73) “Owner” means the owner of record, and the term includes the plural as
well as the singular.
(74) “Personal services” means any enterprise conducted for gain which
primarily offers services to the general public, such as shoe repair, watch repair,
barber shops, beauty parlors and similar activities.
(75) “Plant cultivation” means the cultivation of crops, fruit trees, nursery
stock, truck garden products and similar plant materials outside of structures, such as
greenhouses, but not including such plant cultivation as is conducted on residential
properties for the primary benefit of the resident family.
(76) “Professional activity” means the use of offices and related spaces for
such professional services as are provided by doctors, dentists, lawyers, architects
and engineers.
(77) “Public service facility” means the erection, construction, alteration,
operation or maintenance of buildings, power plants or substations, water treatment
plants or pumping stations, sewage disposal or pumping plants and other similar public
service structures by a public utility, by a railroad, whether publicly or privately owned,
or by a Municipal or other governmental agency, including the furnishing of electrical,
gas, rail transport, communication, public water and sewerage services.
(78) “Public uses” means public parks, schools and administrative, cultural
and service buildings, not including public land or buildings devoted solely to the
storage and maintenance of equipment and material.
(79) “Recreational facilities” means the following:
A. “Commercial recreational facilities” means recreational facilities
open to the public, established and operated for a profit, such as commercial golf
courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race
tracks, carnivals, boat docks and launching ramps, fishing piers and similar commercial
enterprises.
B. “Noncommercial recreational facilities” means private and
semipublic recreational facilities which are not operated for commercial gain, including
private country clubs, routine clubs, golf courses, game preserves, ski slopes, hunting
and trapping areas and other private noncommercial recreation areas and facilities or
recreation centers, including private community swimming pools. Noncommercial
recreational facilities may be leased to outside groups or organizations, provided that
the fee for such purposes is limited to incidental maintenance and custodial expenses.
(80) “Residential floor area” means the interior floor area of a dwelling,
including stairways, halls and closets, but not including basements, porches, garages,
breezeways or carports.
(81) “Rooming house” means a building or portion thereof, other than a
hotel, where lodging for five or more persons is provided for compensation.
(82) “Sand and gravel extraction” means the excavation, storage,
separation, cleaning and marketing of sand and gravel.
(83) “Seasonal residence” means summer cottages, winter lodges and
similar housing occupied less than six months during a year.
(84) “Semipublic uses” means churches, Sunday schools, parochial schools,
colleges, hospitals and other institutions of an educational, religious, charitable or
philanthropic nature.
(85) “Setback line” means a line established by zoning, platting or other
legal means on a lot, a specified distance from and parallel to the lot line, to restrict the
encroachment of buildings on the lot line.
(86) “Sewage disposal system, group” means an approved sewage disposal
system which provides for the combined collection and disposal of sewage from a
group of residential, commercial or industrial buildings.
(87) “Sewage disposal system, on-site” means a septic tank installation on
an individual lot which utilizes an aerobic bacteriological process for the elimination of
solid wastes and provides for the proper and safe disposal of the effluent, subject to
the approval of health and sanitation officials having jurisdiction.
(88) “Sign, advertising” means a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere than on the
premises and only incidentally on the premises, if at all.
(89) “Sign, billboard” means any sign situated on private premises with an
area greater than 100 square feet on which the written or pictorial information is not
directly related to the principal use of the land on which such sign is located.
(90) “Sign, business” means a sign which directs attention to a business or
profession conducted on the premises. A “For Sale” sign or “For Rent” sign relating to
the property on which it is displayed shall be deemed a business sign.
(91) “Social activity” means any building and land used for private or
semiprivate club activities, including lodges, fraternities and similar activities.
(92) “Solicitor” means the Solicitor of the Municipality.
(93) “Specialized animal raising and care” means the use of land and
buildings for the raising and care of fur-bearing animals, such as rabbits and domestic
pets, the stabling and care of horses, animal kennels, pigeon raising and the raising of
any other domestic animals or birds of a similar nature.
(94) “Story” means that portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling next above it. A
basement shall be counted as a story if it is used for living quarters or if two-thirds of
its volume is above the average level of the adjacent ground.
(95) “Street line” and “right-of-way-line” mean a dividing line between a lot,
tract or parcel of land and a contiguous street.
(96) “Structural alteration” means any change which would tend to prolong
the life of a supporting member of a structure, such as bearing walls, columns, beams
or girders.
(97) “Structure” means anything constructed or erected other than a
building, the use of which requires permanent location on the ground or attachment to
something having a permanent location on the ground, including, but not limited to,
advertising signs, billboards and backstops for tennis courts.
(98) “Tourist camp” means land used or intended to be used by campers or
for trailers, tents or movable dwellings. Two or more trailers, whether parked or
supported by foundations, shall constitute a tourist camp.
(99) “Tourist home” means a building other than a hotel where lodging is
provided and offered to the public for compensation for not more than ten individuals
and open to transient guests.
(100) “Trailer, small utility” means any trailer drawn by passenger automobile
used for the occasional transport of personal effects.
(101) “Treasurer” means the Clerk-Treasurer of the Municipality.
(102) “Use” means the purpose for which land or a building is arranged,
designed or intended, or for which either land or a building is or may be occupied or
maintained.
(103) “Variance” means a relaxation of requirements where such variation will
not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of actions of the applicant, a literal enforcement of this
Zoning Code would result in unnecessary and undue hardship.
(104) “Waste disposal” means a disposition of garbage and combustible and
noncombustible waste material.
(105) “Yard” means an open space at grade between a building and the
adjoining lot lines unoccupied and unobstructed by any portion of a structure from the
ground upward, except as otherwise provided in this Zoning Code. In measuring a yard
for the purpose of determining the width of a side yard, the depth of a front yard or the
depth of a rear yard, the minimum horizontal distance between the lot line and the
main building shall be used.
(106) “Yard, front” means a yard extending across the front of a lot between
the side lot lines and being the minimum horizontal distance between the street right of
way and the main building or any projection thereof, other than the projection of the
usual uncovered steps, uncovered balconies or uncovered porches. On corner lots,
the front yard shall be considered as parallel to the street upon which the lot has its
least dimension.
(107) “Yard, rear” means a yard extending across the rear of a lot and being
the required minimum horizontal distance between the rear lot line and the rear of the
main building or any projection thereof, other than the projection of uncovered steps
or unenclosed porches.
(108) “Yard, side” means a yard between the main building and the side line
of the lot and extending from the required front yard to the required rear yard, and
being the minimum horizontal distance between a side lot line and the side of the main
building or any projections thereto.
(109) “Zoning certificate” means the document issued by the Zoning Inspector
authorizing the use of the land or buildings.
(110) “Zoning District Map” means the Zoning District Map or Maps of the
Municipality, together with all amendments thereto subsequently adopted.
(111) “Zoning Inspector” means the Zoning Inspector or his or her authorized
representative appointed by Council.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
(a) For the purposes of this Zoning Code, words used in the present tense shall
include the future; the plural shall include the singular, and the singular shall include
the plural; the word “shall” is intended to be mandatory; and the words “occupied” and
“used” shall be considered as though followed by the words “or intended, arranged or
designed to be occupied or used.”
(b) In addition:
(1) “Accessory use or structure” means a use or structure (such as a
garage) incidental to the main use of the land or building. In buildings restricted to
residence use, the office of a professional person and workshops not conducted for
compensation shall be deemed accessory uses. In commercial, institutional and
industrial areas, parking lots shall be deemed accessory uses.
(2) “Agriculture” means farming, dairying, pasturage, horticulture,
viticulture, animal and poultry husbandry and the processing and sale of agricultural
products.
(3) “Alteration” means any change in the external architectural features of
any structure or building, visible from a public way or from adjoining property, in the
downtown historic district.
(4) “Applicant” means any person, association, partnership or corporation
or other similar entity who or that applies for permission to undertake any construction,
erection, alteration, painting, signing or resigning, removal, moving or demolition.
(5) “Automotive and trailer sales” means an open area, other than a street,
used for the display or sale of new or used automobiles or trailers, and where no
repair work is done, except minor incidental repair of automobiles or trailers to be
displayed and sold on the premises.
(6) “Automotive repair” means the repair, rebuilding or reconditioning of
motor vehicles or parts thereof, including collision service, painting and steam cleaning
of vehicles.
(7) “Automotive wrecking” means the dismantling or wrecking of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
(8) “Basement” means a story partly or wholly underground. For purposes
of height measurement, a basement shall be counted as a story where more than one-
half of its height is above the average level of the adjoining ground.
(9) “Billboard” and “poster panel” mean any sign or advertisement used as
an outdoor display for the purpose of making anything known, the origin or point of
sale of which is remote from such display.
(10) “Board” means the Board of Zoning Appeals of the Municipality.
(11) “Boarding house” means a building or portion thereof, other than a
hotel, where meals, or lodging and meals, for five or more persons, are provided for
compensation.
(12) “Building” means a structure having a roof supported by columns or
walls for the shelter, support or enclosure of persons, animals or chattels. When
separated by division walls from the ground up without openings, each portion of such
building shall be deemed a separate building.
(13) “Building, front line of means the line of that face of the building nearest
the front line of the lot. This face includes porches, whether enclosed or unenclosed,
but does not include steps.
(14) “Building, height of” means the vertical distance measured from the
adjoining curb grade to the highest point of the roof surface, of a flat roof, to the
deckline of a mansard roof, and to the mean height level between eaves and ridges of
a gable; hip or gambrel roof, provided that where buildings are set back from the street
line, the height of the building may be measured from the average elevation of the
finished grade along the front of the building.
(15) “Building, principal or main” means a building in which is conducted the
main or principal use of the lot on which such building is situated.
(16) “Building, unit group” means two or more buildings (other than
dwellings) grouped upon a lot and held under one ownership, such as universities,
hospitals and institutions.
(17) “Business classification” means the following:
A. “Central business” means a retail and service establishment which,
in addition to the community residents' and workers' daily needs for convenience foods
and services, also includes establishments offering comparative-type shopping
facilities. Central businesses include, but are not limited to, supermarkets and stores
for the sale of drugs, hardware, appliances, furniture, apparel and footwear, business
and personal services, professional services, offices and other similar or related
activities which can be grouped by design into a unified shopping center.
B. “Highway business” means a commercial use requiring a location
on a major thoroughfare and at its principal intersection. Highway uses include motels,
gas stations, restaurants, drive-in establishments, auto and farm implement sales and
services, building trades and services, commercial recreation and similar commercial
activities.
C. “Local neighborhood business” means a retail and service
establishment which caters to and can be located in close proximity to or within a
residential district without creating undue vehicular congestion, excessive noise or
other objectionable influence. To prevent congestion, local retail and service uses
include only those enterprises which normally employ fewer than ten persons.
Permitted uses include drug stores, beauty salons, barber shops, carry-outs, dry
cleaning and laundry pick-up facilities, and hardware and grocery stores, if such uses
contain less than 10,000 square feet of floor area. Other small businesses of an
equally restricted and local nature may be permitted, based on the discretion of the
Board of Zoning Appeals.
(18) “Business service” means any activity conducted for gain which renders
service primarily to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes or businesses.
(19) “Clerk” means the Clerk-Treasurer of the Municipality.
(20) “Clinic” means an establishment where patients who are not lodged
overnight are admitted for examination and treatment by a group of physicians
practicing medicine together.
(21) “Club” means a building or portion thereof or premises owned or
operated by a corporation, association, person or persons for a social, educational or
recreational purpose, but not primarily for profit or to render a service which is
customarily carried on as a business.
(22) “Commercial entertainment facility” means any activity conducted for
gain which is generally related to the entertainment field, such as motion picture
theaters, carnivals, nightclubs and similar types of entertainment.
(23) “Commission” means the Planning Commission of the Municipality.
(24) “Conditional use (special exception)” means a use which is subject to
conditional approval by the Board of Zoning Appeals. A conditional use may be
granted by the Board only when there is a specified provision for such special
exception made in this Zoning Code. A conditional use is not considered to be a
nonconforming use.
(25) “Council” means the Council of the Municipality.
(26) “Districts” and “zoning districts” means administrative tracts designating
the uses to which land can legally be utilized. Boundaries of the districts are shown on
the Zoning District Map, also known as the Zoning Map, which is a part of this Zoning
Code.
(27) “Drive-in commercial use” means any retail commercial use providing
considerable off-street parking and catering primarily to vehicular trade, such as drive-
in restaurants, drive-in theaters and similar uses.
(28) “Dwelling” means a building or portion thereof designed exclusively for
residential occupancy, including one-family, two-family and multiple-family dwellings,
but not including hotels and boarding and rooming houses.
(29) “Dwelling, multiple-family” means a building used or designed as a
residence for three or more families living independently of each other and doing their
own cooking therein, including apartment houses, garden apartments and row houses.
(30) “Dwelling, row” means a row of three to six attached, one-family
dwellings, not more than two rooms deep.
(31) “Dwelling, single-family” means a building designed for, or occupied
exclusively by, one family.
(32) “Dwelling, two-family” means a building designed exclusively for
occupancy by two families living independently of each other, including a duplex (one
dwelling unit above the other) or a semi-detached dwelling (one dwelling unit beside
the other).
(33) “Dwelling unit” means one or more rooms in a dwelling or apartment
hotel designed for occupancy by one family for living purposes and having cooking
facilities.
(34) “Educational institution” means a college or university giving general
academic instruction equivalent to the standards prescribed by the State Board of
Education.
(35) “Essential services” means the erection, construction, alteration or
maintenance, by public utilities or Municipal or other governmental agencies, of
underground gas, electrical or water transmission or distribution systems, collection,
communication, supply or disposal systems, including poles, wires, mains, drains,
sewers, pipes, traffic signals, hydrants or other similar equipment, and accessories in
connection therewith, reasonably necessary for the furnishing of adequate service by
such public utilities or Municipal or other governmental agencies for the public health,
safety or general welfare, but not including buildings.
(36) “Family” means one or more persons occupying a dwelling and living as
a single housekeeping unit and doing their own cooking on the premises, as
distinguished from a group occupying a boarding house or hotel, as herein defined.
(37) “Farm vacation enterprises” means farms adapted for use as vacation
farms, picnicking and sports areas, fishing waters, camping, scenery and nature
recreation area, hunting area, hunting preserve and watershed project.
(38) “Food processing” means the preparation or processing of food
products. Examples of activities included are bakeries and dairies.
(39) “Forestry” means the growing and care of trees for commercial
purposes, including the cutting and marketing of timber.
(40) “Frontage” means all the property on one side of a street between two
intersecting streets (crossing or terminating), measured at the setback building line, or
if the street is dead-ended, then all of the property abutting on one side between an
intersecting street and the dead-end of the street.
(41) “Garage, private” means a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles of the occupants of
the premises, and wherein:
A. Not more than one space is rented for parking to persons not
resident on the premises;
B. Not more than one commercial vehicle per dwelling unit is parked
or stored; and
C. The commercial vehicles permitted do not exceed two tons
capacity.
(42) “Garage, public” means a building or portion thereof, other than a
private or storage garage, designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
(43) “Gas station” and “service station” mean any building, structure or land
used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles aced replacement or installation of
minor parts and accessories, but not including major repair work, such as motor
replacement, body and fender repair or spray painting.
(44) “Highway, major” means a street or road of considerable continuity and
used primarily as a traffic artery for intercommunication among large areas.
(45) “Historic downtown district.” That area as set forth in Section
1160.01(b).
(46) “Home occupation” means an accessory use of a service character
customarily conducted within a dwelling by the residents thereof, which is clearly
secondary to the use of the dwelling for living purposes and does not change the
character thereof or have any exterior evidence of such secondary use, other than a
small sign (not over two square feet in size), and in connection with which there is not
involved the keeping of stock in trade. The office of a physician, surgeon, dentist or
other professional person, including an instructor in individual musical instruments
limited to a single pupil at a time, who offers skilled services to clients and is not
professionally engaged in the purchase or sale of economic goods, shall be deemed
to be a home occupation. The occupation of beauty operator, with not more than one
paid assistant, shall be deemed to be a home occupation. Tourist homes, real estate
offices, convalescent homes, mortuary establishments, and stores, trades or
businesses of any kind not herein excepted, shall not be deemed to be home
occupations. Borderline cases shall be ruled on by the Board of Zoning Appeals.
(47) “Institution” means buildings or land occupied by a nonprofit corporation
or a nonprofit establishment for public use.
(48) “Junk storage and sales (salvage operation)” means any lot, land or
structure, or part thereof, used primarily for the collection, storage and sale of waste
paper, rags, scrap metal or discarded material, or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in operating condition, and for the
sale of parts thereof.
(49) “Kennel” means any lot or premises on which four or more dogs, more
than four months of age, are kept.
(50) “Land Use Plan” means the long-range plan for the desirable use of
land area as adopted by the Planning Commission, the purpose of such Plan being,
among other purposes, to serve as a goal in future development and zoning for the
Municipality.
(51) “Loading space” means an off-street space or berth on the same lot
with a building, or contiguous to a group of buildings, for the temporary parking of a
commercial vehicle while loading or unloading merchandise or materials, and which
abuts upon a street or other appropriate means of access.
(52) “Lot” means a parcel of land occupied or intended for occupancy by a
use permitted in this Zoning Code, including one main building together with its
accessory buildings, the open spaces and parking spaces required by this Zoning
Code, and having its principal frontage upon a street or upon an officially approved
place. A lot may or may not be the land shown on a duly recorded plat.
(53) “Lot area” means the total horizontal area within the lot lines of a lot.
(54) “Lot, corner” means a lot, or portion thereof, not greater than 100 feet
in width and situated at the intersection of two or more streets, having an angle of
intersection of not more than 135 degrees.
(55) “Lot coverage, percentage of” means the ratio of enclosed ground floor
area of all buildings to the horizontally projected area of the lot, expressed as a
percentage.
(56) “Lot depth” means the horizontal distance between the front and rear
lot lines, measured along the median between the two side lot lines.
(57) “Lot, minimum area of means the area of a lot computed exclusive of
any portion of the right of way of any public thoroughfare.
(58) “Lot of record” means any lot which individually or as a part of a
subdivision has been recorded in the office of the Recorder of Deeds of the County.
(59) “Lot, through” means an interior lot having frontage on two or more
streets.
(60) “Lot width” means the width of a lot at the building setback line
measured at right angles to its depth. The width of lots fronting on a cul-de-sac shall
be the cord distance between side lot lines for the curve coinciding with the required
depth of the front yard.
(61) “Manufacturing” means any production or industrial process, including
food processing, which combines one or more raw materials or components into a
product, or which changes the nature of the materials entering the process.
(62) “Manufacturing, general” means any manufacturing or industrial
production which, by the nature of the materials, equipment and process utilized, is not
objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust,
smoke, refuse matter or water-carried waste. Any manufacturing or industrial process
permitted in an M-2 General Industrial District shall comply with the performance
requirements of Section 1174.01.
(63) “Manufacturing, restricted” means any manufacturing or industrial
production which, by the nature of the materials, equipment and process utilized, is, to
a considerable measure, clean, quiet and free of any objectionable or hazardous
element. Restricted manufacturing uses shall comply with the performance
requirements of Section 1174.01 and shall include the industrial uses listed below and
any other uses which are determined by the Board of Zoning Appeals to be of the
same restricted character: drugs, sporting goods, processing and assembly of glass
products, small household appliances, electronic products and parts for production of
finished equipment, research and testing laboratories, printing and engraving plants,
bakeries or dairies.
(64) “Mineral extraction, storage and processing” means any mining,
quarrying or processing of limestone, sand, gravel or other mineral resources.
(65) “Mobile home” or “house trailer” means any vehicle or similar portable
structure so designed or constructed as to permit occupancy for dwelling or sleeping
purposes.
(66) “Mobile home park” means an area manifestly designed to
accommodate mobile homes in a safe, sanitary and desirable manner as described in
Section 1172.02.
(67) “More restrictive” means, in reference to a nonconforming use, the
changing of a use to more nearly conform to the permitted use, thus increasing the
requirements, such as side yards, etc., or generally increasing the compatibility of a
nonconforming use with the requirements of the district in which it is located.
(68) “Motor court” and “motel” mean a building or group of buildings used for
the temporary residence of motorists or travelers.
(69) “Municipality” means the Municipality of Lisbon, Ohio.
(70) “Nonconforming use” means the use of land or a building, or portion
thereof, which does not conform with the use regulations of the district in which it is
situated.
(71) “Nursery,” “nursing home” and “institutional home” mean a home or
institutional facility for the care of babies, children, pensioners or elderly people,
except those for correctional or mental cases.
(72) “Off-street parking space” means any parking space located wholly off
any street, alley or sidewalk, either in an enclosed building or on an open lot, and
where sash parking space has an area of not less than 180 square feet, exclusive of
access drives or aisles.
(73) “Owner” means the owner of record, and the term includes the plural as
well as the singular.
(74) “Personal services” means any enterprise conducted for gain which
primarily offers services to the general public, such as shoe repair, watch repair,
barber shops, beauty parlors and similar activities.
(75) “Plant cultivation” means the cultivation of crops, fruit trees, nursery
stock, truck garden products and similar plant materials outside of structures, such as
greenhouses, but not including such plant cultivation as is conducted on residential
properties for the primary benefit of the resident family.
(76) “Professional activity” means the use of offices and related spaces for
such professional services as are provided by doctors, dentists, lawyers, architects
and engineers.
(77) “Public service facility” means the erection, construction, alteration,
operation or maintenance of buildings, power plants or substations, water treatment
plants or pumping stations, sewage disposal or pumping plants and other similar public
service structures by a public utility, by a railroad, whether publicly or privately owned,
or by a Municipal or other governmental agency, including the furnishing of electrical,
gas, rail transport, communication, public water and sewerage services.
(78) “Public uses” means public parks, schools and administrative, cultural
and service buildings, not including public land or buildings devoted solely to the
storage and maintenance of equipment and material.
(79) “Recreational facilities” means the following:
A. “Commercial recreational facilities” means recreational facilities
open to the public, established and operated for a profit, such as commercial golf
courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race
tracks, carnivals, boat docks and launching ramps, fishing piers and similar commercial
enterprises.
B. “Noncommercial recreational facilities” means private and
semipublic recreational facilities which are not operated for commercial gain, including
private country clubs, routine clubs, golf courses, game preserves, ski slopes, hunting
and trapping areas and other private noncommercial recreation areas and facilities or
recreation centers, including private community swimming pools. Noncommercial
recreational facilities may be leased to outside groups or organizations, provided that
the fee for such purposes is limited to incidental maintenance and custodial expenses.
(80) “Residential floor area” means the interior floor area of a dwelling,
including stairways, halls and closets, but not including basements, porches, garages,
breezeways or carports.
(81) “Rooming house” means a building or portion thereof, other than a
hotel, where lodging for five or more persons is provided for compensation.
(82) “Sand and gravel extraction” means the excavation, storage,
separation, cleaning and marketing of sand and gravel.
(83) “Seasonal residence” means summer cottages, winter lodges and
similar housing occupied less than six months during a year.
(84) “Semipublic uses” means churches, Sunday schools, parochial schools,
colleges, hospitals and other institutions of an educational, religious, charitable or
philanthropic nature.
(85) “Setback line” means a line established by zoning, platting or other
legal means on a lot, a specified distance from and parallel to the lot line, to restrict the
encroachment of buildings on the lot line.
(86) “Sewage disposal system, group” means an approved sewage disposal
system which provides for the combined collection and disposal of sewage from a
group of residential, commercial or industrial buildings.
(87) “Sewage disposal system, on-site” means a septic tank installation on
an individual lot which utilizes an aerobic bacteriological process for the elimination of
solid wastes and provides for the proper and safe disposal of the effluent, subject to
the approval of health and sanitation officials having jurisdiction.
(88) “Sign, advertising” means a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered elsewhere than on the
premises and only incidentally on the premises, if at all.
(89) “Sign, billboard” means any sign situated on private premises with an
area greater than 100 square feet on which the written or pictorial information is not
directly related to the principal use of the land on which such sign is located.
(90) “Sign, business” means a sign which directs attention to a business or
profession conducted on the premises. A “For Sale” sign or “For Rent” sign relating to
the property on which it is displayed shall be deemed a business sign.
(91) “Social activity” means any building and land used for private or
semiprivate club activities, including lodges, fraternities and similar activities.
(92) “Solicitor” means the Solicitor of the Municipality.
(93) “Specialized animal raising and care” means the use of land and
buildings for the raising and care of fur-bearing animals, such as rabbits and domestic
pets, the stabling and care of horses, animal kennels, pigeon raising and the raising of
any other domestic animals or birds of a similar nature.
(94) “Story” means that portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling next above it. A
basement shall be counted as a story if it is used for living quarters or if two-thirds of
its volume is above the average level of the adjacent ground.
(95) “Street line” and “right-of-way-line” mean a dividing line between a lot,
tract or parcel of land and a contiguous street.
(96) “Structural alteration” means any change which would tend to prolong
the life of a supporting member of a structure, such as bearing walls, columns, beams
or girders.
(97) “Structure” means anything constructed or erected other than a
building, the use of which requires permanent location on the ground or attachment to
something having a permanent location on the ground, including, but not limited to,
advertising signs, billboards and backstops for tennis courts.
(98) “Tourist camp” means land used or intended to be used by campers or
for trailers, tents or movable dwellings. Two or more trailers, whether parked or
supported by foundations, shall constitute a tourist camp.
(99) “Tourist home” means a building other than a hotel where lodging is
provided and offered to the public for compensation for not more than ten individuals
and open to transient guests.
(100) “Trailer, small utility” means any trailer drawn by passenger automobile
used for the occasional transport of personal effects.
(101) “Treasurer” means the Clerk-Treasurer of the Municipality.
(102) “Use” means the purpose for which land or a building is arranged,
designed or intended, or for which either land or a building is or may be occupied or
maintained.
(103) “Variance” means a relaxation of requirements where such variation will
not be contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of actions of the applicant, a literal enforcement of this
Zoning Code would result in unnecessary and undue hardship.
(104) “Waste disposal” means a disposition of garbage and combustible and
noncombustible waste material.
(105) “Yard” means an open space at grade between a building and the
adjoining lot lines unoccupied and unobstructed by any portion of a structure from the
ground upward, except as otherwise provided in this Zoning Code. In measuring a yard
for the purpose of determining the width of a side yard, the depth of a front yard or the
depth of a rear yard, the minimum horizontal distance between the lot line and the
main building shall be used.
(106) “Yard, front” means a yard extending across the front of a lot between
the side lot lines and being the minimum horizontal distance between the street right of
way and the main building or any projection thereof, other than the projection of the
usual uncovered steps, uncovered balconies or uncovered porches. On corner lots,
the front yard shall be considered as parallel to the street upon which the lot has its
least dimension.
(107) “Yard, rear” means a yard extending across the rear of a lot and being
the required minimum horizontal distance between the rear lot line and the rear of the
main building or any projection thereof, other than the projection of uncovered steps
or unenclosed porches.
(108) “Yard, side” means a yard between the main building and the side line
of the lot and extending from the required front yard to the required rear yard, and
being the minimum horizontal distance between a side lot line and the side of the main
building or any projections thereto.
(109) “Zoning certificate” means the document issued by the Zoning Inspector
authorizing the use of the land or buildings.
(110) “Zoning District Map” means the Zoning District Map or Maps of the
Municipality, together with all amendments thereto subsequently adopted.
(111) “Zoning Inspector” means the Zoning Inspector or his or her authorized
representative appointed by Council.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
CHAPTER 1162
Administration, Enforcement And Penalty
1162.01 General duty of Zoning Inspector and other officials; appeals.
1162.02 Zoning certificates generally.
1162.03 Conditions under which certificates are required.
1162.04 Application for certificates; issuance; required plans.
1162.05 Fees for certificates.
1162.06 Certificates required for nonconforming uses.
1162.07 Falsification.
1162.08 Violations.
1162.09 Remedies; injunctive relief.
1162.99 Penalty.
Administration, Enforcement And Penalty
1162.01 General duty of Zoning Inspector and other officials; appeals.
1162.02 Zoning certificates generally.
1162.03 Conditions under which certificates are required.
1162.04 Application for certificates; issuance; required plans.
1162.05 Fees for certificates.
1162.06 Certificates required for nonconforming uses.
1162.07 Falsification.
1162.08 Violations.
1162.09 Remedies; injunctive relief.
1162.99 Penalty.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Administrative board; powers and duties - see Ohio R.C. 713.11
Violations may be enjoined - see Ohio R.C. 713.13
Enforcement of performance standards - see P. & Z. 1174.01(b)
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Administrative board; powers and duties - see Ohio R.C. 713.11
Violations may be enjoined - see Ohio R.C. 713.13
Enforcement of performance standards - see P. & Z. 1174.01(b)
1162.01 GENERAL DUTY OF ZONING INSPECTOR AND OTHER OFFICIALS;
APPEALS.
(a) It shall be the duty of the Zoning Inspector, who shall be appointed by
Council, to enforce this Zoning Code. It shall also be the duty of all officials and
employees of the Municipality to assist the Zoning Inspector by reporting to him or her
upon new construction, reconstruction or land uses or upon seeming violations.
(b) Appeals from the decisions of the Zoning Inspector may be made to the
Board of Zoning Appeals, as provided in Chapter 1164.
(c) When the downtown historic district and/or landmarks are involved, the
Zoning Inspector shall have the duties and powers to recommend to Council upon
approval of the Appeals Board the geographic boundaries of additions or changes in
the downtown historic district, and to issue zoning/building/sign permits prior to the
construction, erection, alteration removal, painting, signing, re-signing, moving or
demolition of any structure in the downtown historic district, or the alteration, painting,
signing or re-signing, moving or demolition of any historic landmark. No permission for
the construction, erection, alteration, painting signing or re-signing, removal, moving or
demolition of any structure or building in the downtown historic district, or for the
alteration, removal painting, signing or re-signing moving or demolition of any historic
landmark, shall be issued where such action will affect the exterior architectural
features of any such structure or building, unless a zoning/building/sing/permit has
been, issued. Applications may be secured from the office of the Mayor's Secretary.
(d) The Mayor or President of Council may be appointed as temporary Zoning
Inspector in the absence of the Zoning Inspector.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
APPEALS.
(a) It shall be the duty of the Zoning Inspector, who shall be appointed by
Council, to enforce this Zoning Code. It shall also be the duty of all officials and
employees of the Municipality to assist the Zoning Inspector by reporting to him or her
upon new construction, reconstruction or land uses or upon seeming violations.
(b) Appeals from the decisions of the Zoning Inspector may be made to the
Board of Zoning Appeals, as provided in Chapter 1164.
(c) When the downtown historic district and/or landmarks are involved, the
Zoning Inspector shall have the duties and powers to recommend to Council upon
approval of the Appeals Board the geographic boundaries of additions or changes in
the downtown historic district, and to issue zoning/building/sign permits prior to the
construction, erection, alteration removal, painting, signing, re-signing, moving or
demolition of any structure in the downtown historic district, or the alteration, painting,
signing or re-signing, moving or demolition of any historic landmark. No permission for
the construction, erection, alteration, painting signing or re-signing, removal, moving or
demolition of any structure or building in the downtown historic district, or for the
alteration, removal painting, signing or re-signing moving or demolition of any historic
landmark, shall be issued where such action will affect the exterior architectural
features of any such structure or building, unless a zoning/building/sing/permit has
been, issued. Applications may be secured from the office of the Mayor's Secretary.
(d) The Mayor or President of Council may be appointed as temporary Zoning
Inspector in the absence of the Zoning Inspector.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1162.02 ZONING CERTIFICATES GENERALLY.
(a) It shall be unlawful for an owner to use or to permit the use of any structure,
building or land, or part thereof, hereafter created, erected, changed, converted or
enlarged, wholly or partly, until a zoning certificate shall have been issued by the
Zoning Inspector therefor. It shall be the duty of the Zoning Inspector to issue a
certificate, provided that he or she is satisfied that the structure, building or premises
and the proposed use thereof conform with all the requirements of this Zoning Code.
No permit for excavation, construction or reconstruction shall be issued by the Zoning
Inspector unless the plans, specifications and the intended use conform to the
provisions of this Zoning Code.
(b) Upon written request from the owner or tenant, the Zoning Inspector shall
issue a zoning certificate for any building or premises existing at the time of enactment
of this Zoning Code, certifying, after inspection, the extent and kind of use made of the
building or premises and whether such use conforms to the provisions of this Zoning
Code. No charge shall be made for issuing a zoning certificate in accordance with this
division.
(c) In cases of emergencies, a tenant/landowner has three working days to
obtain a permit according to Section 1162.05(a).
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
(a) It shall be unlawful for an owner to use or to permit the use of any structure,
building or land, or part thereof, hereafter created, erected, changed, converted or
enlarged, wholly or partly, until a zoning certificate shall have been issued by the
Zoning Inspector therefor. It shall be the duty of the Zoning Inspector to issue a
certificate, provided that he or she is satisfied that the structure, building or premises
and the proposed use thereof conform with all the requirements of this Zoning Code.
No permit for excavation, construction or reconstruction shall be issued by the Zoning
Inspector unless the plans, specifications and the intended use conform to the
provisions of this Zoning Code.
(b) Upon written request from the owner or tenant, the Zoning Inspector shall
issue a zoning certificate for any building or premises existing at the time of enactment
of this Zoning Code, certifying, after inspection, the extent and kind of use made of the
building or premises and whether such use conforms to the provisions of this Zoning
Code. No charge shall be made for issuing a zoning certificate in accordance with this
division.
(c) In cases of emergencies, a tenant/landowner has three working days to
obtain a permit according to Section 1162.05(a).
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1162.03 CONDITIONS UNDER WHICH CERTIFICATES ARE REQUIRED.
Except as otherwise provided in this Zoning Code, a zoning certificate shall be required
for any of the following:
(a) Construction or structural alteration of any building, including accessory
buildings.
(b) A change in use of an existing building or accessory building to a use of a
different classification.
(c) Occupancy and use of vacant land.
(d) A change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use.
(f) All lawful nonconforming uses of land or buildings created by the adoption of
this Zoning Code, or any amendment thereto.
(Ord. 1466. Passed 4-11-94.)
Except as otherwise provided in this Zoning Code, a zoning certificate shall be required
for any of the following:
(a) Construction or structural alteration of any building, including accessory
buildings.
(b) A change in use of an existing building or accessory building to a use of a
different classification.
(c) Occupancy and use of vacant land.
(d) A change in the use of land to a use of a different classification.
(e) Any change in the use of a nonconforming use.
(f) All lawful nonconforming uses of land or buildings created by the adoption of
this Zoning Code, or any amendment thereto.
(Ord. 1466. Passed 4-11-94.)
1162.04 APPLICATION FOR CERTIFICATES; ISSUANCE; REQUIRED PLANS.
(a) Written application shall be made for a zoning certificate for the construction
of a new building or the alteration of an existing building. Such certificate shall be
issued within ten days after a written request for the same has been made to the
Zoning Inspector or his or her agent, provided that such construction or alteration is in
conformity with the provisions of this Zoning Code.
(b) Written application for a zoning certificate for the use of vacant land, for a
change in the use of land or of a building, or for a charge in a nonconforming use, as
provided in this Zoning Code, shall be made to the Zoning Inspector. If the proposed
use is in conformity with the provisions of this Zoning Code, the certificate therefor
shall be issued within fifteen days after the application for the same has been made.
(c) Every application for a zoning certificate shall be accompanied by a plot plan,
in duplicate, and such other plans as may be necessary to show the location and type
of buildings to be erected or alterations to be made. Where construction or physical
improvement of the land is involved, the lot and location of the buildings to be erected
thereon shall be staked out on the ground before construction is started, and all
dimensions shown on filed plans shall be based on an actual survey.
(1) Each plan shall show the following:
A. The street providing access to the lot and the exact location of the
lot in relation to the nearest cross street;
B. The name of the concerned lot plan, if any, and the lot numbers of
the concerned and abutting properties;
C. The actual dimensions of the lot, the yard and other open space
dimensions thereof, and the location and size of any existing structure thereon;
D. The location and size of the proposed structure and/or the
proposed enlargement of the existing structure; and
E. Any other information which, in the judgment of the Zoning
Inspector, may be necessary to provide for the enforcement of this Zoning Code.
(2) Each plan shall bear statements declaring:
A. That no part of the land involved in the application has been
previously used to provide required yard space or lot area for another structure; and
B. Which abutting land was formerly that of the owner of the land
involved in the application and, if any, the approximate date of the title transfer.
Where complete and accurate information is not readily available from existing
records, the Zoning Inspector may require the applicant to furnish a survey of the lot
by a registered engineer or surveyor.
Each property owner or authorized agent shall be required to attest to the
correctness of the statements and data furnished with the application.
A file of such applications and plans shall be kept in the office of the Zoning
Inspector.
(d) The Zoning Inspector shall not issue a zoning certificate for any application
requiring site plan review by the Planning Commission, namely, planned unit
development projects (Chapter 1180), mobile home parks (Section 1172.01), and
commercial and industrial development projects (Section 1174.08), unless the
proposed site plan has been approved by the Commission and any necessary zone
changes are adopted by the Council.
(Ord. 1466. Passed 4-11-94.)
(a) Written application shall be made for a zoning certificate for the construction
of a new building or the alteration of an existing building. Such certificate shall be
issued within ten days after a written request for the same has been made to the
Zoning Inspector or his or her agent, provided that such construction or alteration is in
conformity with the provisions of this Zoning Code.
(b) Written application for a zoning certificate for the use of vacant land, for a
change in the use of land or of a building, or for a charge in a nonconforming use, as
provided in this Zoning Code, shall be made to the Zoning Inspector. If the proposed
use is in conformity with the provisions of this Zoning Code, the certificate therefor
shall be issued within fifteen days after the application for the same has been made.
(c) Every application for a zoning certificate shall be accompanied by a plot plan,
in duplicate, and such other plans as may be necessary to show the location and type
of buildings to be erected or alterations to be made. Where construction or physical
improvement of the land is involved, the lot and location of the buildings to be erected
thereon shall be staked out on the ground before construction is started, and all
dimensions shown on filed plans shall be based on an actual survey.
(1) Each plan shall show the following:
A. The street providing access to the lot and the exact location of the
lot in relation to the nearest cross street;
B. The name of the concerned lot plan, if any, and the lot numbers of
the concerned and abutting properties;
C. The actual dimensions of the lot, the yard and other open space
dimensions thereof, and the location and size of any existing structure thereon;
D. The location and size of the proposed structure and/or the
proposed enlargement of the existing structure; and
E. Any other information which, in the judgment of the Zoning
Inspector, may be necessary to provide for the enforcement of this Zoning Code.
(2) Each plan shall bear statements declaring:
A. That no part of the land involved in the application has been
previously used to provide required yard space or lot area for another structure; and
B. Which abutting land was formerly that of the owner of the land
involved in the application and, if any, the approximate date of the title transfer.
Where complete and accurate information is not readily available from existing
records, the Zoning Inspector may require the applicant to furnish a survey of the lot
by a registered engineer or surveyor.
Each property owner or authorized agent shall be required to attest to the
correctness of the statements and data furnished with the application.
A file of such applications and plans shall be kept in the office of the Zoning
Inspector.
(d) The Zoning Inspector shall not issue a zoning certificate for any application
requiring site plan review by the Planning Commission, namely, planned unit
development projects (Chapter 1180), mobile home parks (Section 1172.01), and
commercial and industrial development projects (Section 1174.08), unless the
proposed site plan has been approved by the Commission and any necessary zone
changes are adopted by the Council.
(Ord. 1466. Passed 4-11-94.)
1162.05 FEES FOR CERTIFICATES.
(a) A fee, in accordance with the following schedule, shall accompany each
application for a zoning certificate:
(a) A fee, in accordance with the following schedule, shall accompany each
application for a zoning certificate:
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|
The fee for the application for a certificate for the use of land not involving structures,
including changes in the use of land shall be $10.
(b) The Zoning Inspector shall forthwith deposit all fees with the Clerk-Treasurer,
who shall credit such fees to the credit of the Federal Revenue Fund of the
Municipality.
(c) Every zoning certificate shall state that the building or the proposed use of a
building or land complies with all provisions of law. A record of all zoning certificates
shall be kept on file in the office of the Zoning Inspector or his or her agent, and copies
shall be furnished upon request to any person having a proprietary or tenancy interest
in the building or land affected.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
including changes in the use of land shall be $10.
(b) The Zoning Inspector shall forthwith deposit all fees with the Clerk-Treasurer,
who shall credit such fees to the credit of the Federal Revenue Fund of the
Municipality.
(c) Every zoning certificate shall state that the building or the proposed use of a
building or land complies with all provisions of law. A record of all zoning certificates
shall be kept on file in the office of the Zoning Inspector or his or her agent, and copies
shall be furnished upon request to any person having a proprietary or tenancy interest
in the building or land affected.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98.)
1162.06 CERTIFICATES REQUIRED FOR NONCONFORMING USES.
A zoning certificate shall be required for all lawful nonconforming uses of land or
buildings created by the adoption of this Zoning Code. Application for such a certificate
for a nonconforming use shall be filed with the Zoning Inspector by the owner or lessee
of the building or land occupied by such nonconforming use within one year of the
effective date of this Zoning Code. It shall be the duty of the Zoning Inspector to issue
a certificate for a lawful nonconforming use, but failure to apply for such certificate for
a nonconforming use, or refusal of the Zoning Inspector to issue a certificate for such
nonconforming use shall be evidence that such nonconforming use was either illegal
or did not lawfully exist on the effective date of this Zoning Code. No charge shall be
made for issuing a zoning certificate in accordance with this section.
(Ord. 1466. Passed 4-11-94.)
A zoning certificate shall be required for all lawful nonconforming uses of land or
buildings created by the adoption of this Zoning Code. Application for such a certificate
for a nonconforming use shall be filed with the Zoning Inspector by the owner or lessee
of the building or land occupied by such nonconforming use within one year of the
effective date of this Zoning Code. It shall be the duty of the Zoning Inspector to issue
a certificate for a lawful nonconforming use, but failure to apply for such certificate for
a nonconforming use, or refusal of the Zoning Inspector to issue a certificate for such
nonconforming use shall be evidence that such nonconforming use was either illegal
or did not lawfully exist on the effective date of this Zoning Code. No charge shall be
made for issuing a zoning certificate in accordance with this section.
(Ord. 1466. Passed 4-11-94.)
1162.07 FALSIFICATION.
Any certificate issued upon a false statement of any fact which is material to the
issuance thereof shall be void. Whenever the fact of such false statement shall be
established to the satisfaction of Council, the certificate shall be revoked by a notice,
in writing, to be delivered to the holder of the void certificate upon the premises
concerned or, if such holder is not found there, by posting such notice of revocation in
some conspicuous place upon such premises. Any person who shall proceed
thereafter with the work or use without having obtained a new certificate in accordance
with this Zoning Code shall be deemed in violation of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
Any certificate issued upon a false statement of any fact which is material to the
issuance thereof shall be void. Whenever the fact of such false statement shall be
established to the satisfaction of Council, the certificate shall be revoked by a notice,
in writing, to be delivered to the holder of the void certificate upon the premises
concerned or, if such holder is not found there, by posting such notice of revocation in
some conspicuous place upon such premises. Any person who shall proceed
thereafter with the work or use without having obtained a new certificate in accordance
with this Zoning Code shall be deemed in violation of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
1162.08 VIOLATIONS.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change,
maintain or use any building or land in violation of any provision of this Zoning Code,
or any amendment or supplement thereto adopted by Council.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change,
maintain or use any building or land in violation of any provision of this Zoning Code,
or any amendment or supplement thereto adopted by Council.
1162.09 REMEDIES; INJUNCTIVE RELIEF.
In addition to the penalty provided in Section 1162.99, in case any building is or is
proposed to be located, erected, constructed, reconstructed, enlarged, changed,
maintained or used, or any land is or is proposed to be used, in violation of this Zoning
Code, or any amendment or supplement thereto, the Zoning Inspector, Solicitor or any
adjacent or neighboring property owner who would be especially damaged by such
violation, in addition to other remedies provided by law, may institute injunction,
mandamus, abatement or any other appropriate action, actions, proceeding or
proceedings to prevent, enjoin, abate or remove such unlawful location, erection,
construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 1466. Passed 4-11-94.)
In addition to the penalty provided in Section 1162.99, in case any building is or is
proposed to be located, erected, constructed, reconstructed, enlarged, changed,
maintained or used, or any land is or is proposed to be used, in violation of this Zoning
Code, or any amendment or supplement thereto, the Zoning Inspector, Solicitor or any
adjacent or neighboring property owner who would be especially damaged by such
violation, in addition to other remedies provided by law, may institute injunction,
mandamus, abatement or any other appropriate action, actions, proceeding or
proceedings to prevent, enjoin, abate or remove such unlawful location, erection,
construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 1466. Passed 4-11-94.)
1162.99 PENALTY.
Any person, firm or corporation violating any provision of this Zoning Code shall be
deemed guilty of a minor misdemeanor and shall be fined not more than one hundred
dollars ($100.00). Each and every day during which an illegal location, erection,
construction, reconstruction, enlargement, change, maintenance or use continues may
be deemed a separate offense.
(Ord. 1466. Passed 4-11-94.)
Any person, firm or corporation violating any provision of this Zoning Code shall be
deemed guilty of a minor misdemeanor and shall be fined not more than one hundred
dollars ($100.00). Each and every day during which an illegal location, erection,
construction, reconstruction, enlargement, change, maintenance or use continues may
be deemed a separate offense.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1164
Board of Zoning Appeals
1164.01 Establishment; composition; terms; vacancies; compensation.
1164.02 Hearings; rules.
1164.03 Minutes; records.
1164.04 Power of Board to subpoena witnesses, administer oaths, etc.
1164.05 Assistance by other Municipal departments.
1164.06 Applications and appeals.
1164.07 Powers and duties.
1164.08 Variances; nonconforming uses.
1164.09 Conditional uses.
1164.10 Issuance of zoning certificates for uses subject to performance
requirements.
1164.11 Interpretation of Zoning District Map.
Board of Zoning Appeals
1164.01 Establishment; composition; terms; vacancies; compensation.
1164.02 Hearings; rules.
1164.03 Minutes; records.
1164.04 Power of Board to subpoena witnesses, administer oaths, etc.
1164.05 Assistance by other Municipal departments.
1164.06 Applications and appeals.
1164.07 Powers and duties.
1164.08 Variances; nonconforming uses.
1164.09 Conditional uses.
1164.10 Issuance of zoning certificates for uses subject to performance
requirements.
1164.11 Interpretation of Zoning District Map.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Administrative Board; powers and duties - see Ohio R.C. 713.11
Violations may be enjoined - see Ohio R.C. 713.13
Appeals from decisions of the Zoning Inspector - see P. & Z. 1162.01
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Administrative Board; powers and duties - see Ohio R.C. 713.11
Violations may be enjoined - see Ohio R.C. 713.13
Appeals from decisions of the Zoning Inspector - see P. & Z. 1162.01
1164.01 ESTABLISHMENT; COMPOSITION; TERMS; VACANCIES; COMPENSATION.
There is hereby established a Board of Zoning Appeals, which shall consist of five
electors appointed by Council. The five electors first appointed shall serve for terms of
one, two, three, four and five years, respectively. Thereafter, appointments shall be for
five-year terms, beginning January 1. Each member shall serve until his or her
successor is appointed and qualified. Vacancies shall be filled by Council and shall be
for the respective unexpired term. Members of the Board of Zoning Appeals may
receive such compensation as Council provides.
(Ord. 1466. Passed 4-11-94.)
There is hereby established a Board of Zoning Appeals, which shall consist of five
electors appointed by Council. The five electors first appointed shall serve for terms of
one, two, three, four and five years, respectively. Thereafter, appointments shall be for
five-year terms, beginning January 1. Each member shall serve until his or her
successor is appointed and qualified. Vacancies shall be filled by Council and shall be
for the respective unexpired term. Members of the Board of Zoning Appeals may
receive such compensation as Council provides.
(Ord. 1466. Passed 4-11-94.)
1164.02 HEARINGS; RULES.
Hearings of the Board of Zoning Appeals shall be public. However, the Board may
go into executive session for discussion but not for vote on any case before it. The
Board shall organize annually and elect a President, Vice-President and Secretary.
The Board shall adopt, from time to time, such rules and regulations as it may deem
necessary to carry into effect the provisions of this Zoning Code. The Board shall hear
any owner of property adjacent to the lot for which the granting of any zoning permit is
pending and shall also hear any other parties having substantial interest as
determined by the Board.
(Ord. 1466. Passed 4-11-94.)
Hearings of the Board of Zoning Appeals shall be public. However, the Board may
go into executive session for discussion but not for vote on any case before it. The
Board shall organize annually and elect a President, Vice-President and Secretary.
The Board shall adopt, from time to time, such rules and regulations as it may deem
necessary to carry into effect the provisions of this Zoning Code. The Board shall hear
any owner of property adjacent to the lot for which the granting of any zoning permit is
pending and shall also hear any other parties having substantial interest as
determined by the Board.
(Ord. 1466. Passed 4-11-94.)
1164.03 MINUTES; RECORDS.
The Board of Zoning Appeals 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 shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the Clerk and shall be a public record.
(Ord. 1466. Passed 4-11-94.)
The Board of Zoning Appeals 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 shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the Clerk and shall be a public record.
(Ord. 1466. Passed 4-11-94.)
1164.04 POWER OF BOARD TO SUBPOENA WITNESSES, ADMINISTER OATHS,
ETC.
The Board of Zoning Appeals shall have the power to subpoena witnesses,
administer oaths and punish for contempt, and may require the production of
documents under regulations as it may establish.
(Ord. 1466. Passed 4-11-94.)
ETC.
The Board of Zoning Appeals shall have the power to subpoena witnesses,
administer oaths and punish for contempt, and may require the production of
documents under regulations as it may establish.
(Ord. 1466. Passed 4-11-94.)
1164.05 ASSISTANCE BY OTHER MUNICIPAL DEPARTMENTS.
The Board of Zoning Appeals may call upon the various officials and employees of
the Municipality for assistance in the performance of its duties, and it shall be the duty
of such departments to render such assistance to the Board as may reasonably be
required.
(Ord. 1466. Passed 4-11-94.)
The Board of Zoning Appeals may call upon the various officials and employees of
the Municipality for assistance in the performance of its duties, and it shall be the duty
of such departments to render such assistance to the Board as may reasonably be
required.
(Ord. 1466. Passed 4-11-94.)
1164.06 APPLICATIONS AND APPEALS.
(a) Applications; Deposit. An application, in cases in which the Board of Zoning
Appeals has original jurisdiction under the provisions of this Zoning Code, may be
taken by any person aggrieved, including a tenant, or by a governmental officer,
department, board or bureau. Such application shall be filed with the Zoning Inspector,
who shall transmit the same to the Board. A deposit of twenty-five dollars ($25.00)
shall be made with the Zoning Inspector at the time notice of appeal is filed for the
purpose of defraying the costs of the proceedings described herein.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an
officer of the Municipality affected by any decision of the Zoning, Inspector. Such
appeal shall be taken within twenty days after the decision, by filing with the Zoning
Inspector and with the Board a notice of appeal specifying the grounds thereof. The
Zoning Inspector shall forthwith transmit to the Board all the papers constituting the
record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed
from unless the Zoning Inspector shall certify to the Board, after the notice of appeal
shall have been filed with it, that by reason of facts stated in the certificate, a stay
would, in his or her opinion, cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of equity after notice to the officer from whom the
appeal is taken and on due cause shown.
(c) Hearings.
(1) The Board shall fix a reasonable time for the hearing of an appeal, give at
least ten days public notice thereof in a newspaper of general circulation in the
Municipality and at least ten days notice to parties having proprietary interest in land
within 200 feet and decide upon the appeal within a reasonable time after it is
submitted. At this hearing any party may appear in person or by an attorney.
(2) The hearings of the Board shall be public. However, the Board may go
into executive session for discussion but not vote on any case before it.
(3) Upon the day for hearing any application or appeal, the Board may
adjourn the hearing in order to permit the obtaining of additional information or to
cause such further notice as it deems proper to be served upon such other property
owners as it decides may be substantially interested in such application or appeal. In
the case of an adjourned hearing, persons previously notified and persons already
heard need not be notified of the time of resumption of such hearing unless the Board
so decides.
(d) Decisions of the Board.
(1) The Board shall decide all applications and appeals within thirty days
after the final hearing thereon.
(2) A certified copy of the Board's decision shall be transmitted to all parties
in interest. Such decision shall be binding upon the Zoning Inspector and observed by
him or her, and he or she shall incorporate the terms and conditions of the same in the
permit to the applicant or appellant, whenever a permit is authorized by the Board.
(3) A decision of the Board shall not become final until the expiration of five
days from the date such decision is made, unless the Board shall find the immediate
taking effect of such decision is necessary for the preservation of property or personal
rights and shall so certify on the record.
(4) The Board may reverse or affirm, wholly or partly, or may modify, the
order, requirement, decision or determination appealed from and shall make such
order, requirement, decision or determination as in its opinion ought to be made in the
premises, and to that end shall have all powers of the Zoning Inspector from whom the
appeal is taken. Any party adversely affected by a decision of the Board may appeal to
the Court of Common Pleas of the County on the grounds that the decision was
unreasonable or unlawful.
(Ord. 1466. Passed 4-11-94.)
(a) Applications; Deposit. An application, in cases in which the Board of Zoning
Appeals has original jurisdiction under the provisions of this Zoning Code, may be
taken by any person aggrieved, including a tenant, or by a governmental officer,
department, board or bureau. Such application shall be filed with the Zoning Inspector,
who shall transmit the same to the Board. A deposit of twenty-five dollars ($25.00)
shall be made with the Zoning Inspector at the time notice of appeal is filed for the
purpose of defraying the costs of the proceedings described herein.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an
officer of the Municipality affected by any decision of the Zoning, Inspector. Such
appeal shall be taken within twenty days after the decision, by filing with the Zoning
Inspector and with the Board a notice of appeal specifying the grounds thereof. The
Zoning Inspector shall forthwith transmit to the Board all the papers constituting the
record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed
from unless the Zoning Inspector shall certify to the Board, after the notice of appeal
shall have been filed with it, that by reason of facts stated in the certificate, a stay
would, in his or her opinion, cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of equity after notice to the officer from whom the
appeal is taken and on due cause shown.
(c) Hearings.
(1) The Board shall fix a reasonable time for the hearing of an appeal, give at
least ten days public notice thereof in a newspaper of general circulation in the
Municipality and at least ten days notice to parties having proprietary interest in land
within 200 feet and decide upon the appeal within a reasonable time after it is
submitted. At this hearing any party may appear in person or by an attorney.
(2) The hearings of the Board shall be public. However, the Board may go
into executive session for discussion but not vote on any case before it.
(3) Upon the day for hearing any application or appeal, the Board may
adjourn the hearing in order to permit the obtaining of additional information or to
cause such further notice as it deems proper to be served upon such other property
owners as it decides may be substantially interested in such application or appeal. In
the case of an adjourned hearing, persons previously notified and persons already
heard need not be notified of the time of resumption of such hearing unless the Board
so decides.
(d) Decisions of the Board.
(1) The Board shall decide all applications and appeals within thirty days
after the final hearing thereon.
(2) A certified copy of the Board's decision shall be transmitted to all parties
in interest. Such decision shall be binding upon the Zoning Inspector and observed by
him or her, and he or she shall incorporate the terms and conditions of the same in the
permit to the applicant or appellant, whenever a permit is authorized by the Board.
(3) A decision of the Board shall not become final until the expiration of five
days from the date such decision is made, unless the Board shall find the immediate
taking effect of such decision is necessary for the preservation of property or personal
rights and shall so certify on the record.
(4) The Board may reverse or affirm, wholly or partly, or may modify, the
order, requirement, decision or determination appealed from and shall make such
order, requirement, decision or determination as in its opinion ought to be made in the
premises, and to that end shall have all powers of the Zoning Inspector from whom the
appeal is taken. Any party adversely affected by a decision of the Board may appeal to
the Court of Common Pleas of the County on the grounds that the decision was
unreasonable or unlawful.
(Ord. 1466. Passed 4-11-94.)
1164.07 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and duties:
(a) It shall be the Board's duty to hear and decide appeals where it is alleged that
there is error of law in any order, requirement, decision or determination made by the
Zoning Inspector in the enforcement of this Zoning Code, or any amendments thereto.
(b) In hearing and deciding appeals, the Board shall have the power to:
(1) Permit the extension of a district where the boundary line of a district
divides a lot or tract held in a single ownership at the time of the passage of this
Zoning Code.
(2) Interpret provisions of this Zoning Code in such a way as to carry out the
intent and purpose of the plan, as shown upon the Zoning District Map fixing the
several districts, accompanying and made a part of this Zoning Code by reference,
where the street layout actually on the ground varies from the street layout as shown
on the Map aforesaid.
(3) Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God or the public enemy to the extent of more than
sixty percent (60%) of its fair market value when the Board finds some compelling
necessity requiring a continuance of the nonconforming use, and the primary purpose
of continuing the nonconforming use is not to continue a monopoly.
(4) Permit the modification of automobile parking space or loading space
requirements when, in the particular instance, such modification will not be inconsistent
with the purpose and intent of such requirements, or permit the waiver of the
requirement that automobile parking space shall be provided on the same lot with a
dwelling, if other suitable and convenient parking space is available within or without a
building, or permit the dual use of parking facilities (i.e. by stores during the day and
theaters during the evening), provided that there is no overlapping of use and
provided that the parking space requirements for each building or use are complied
with during each period.
(5) Permit in “R” Districts public parking areas or storage garages adjacent to
any existing or proposed use in districts permitting multiple dwellings and in Business
and Industrial Districts.
(6) Determine whether an industry should be permitted within the M-1 or M-2
Industrial District because of the methods by which it would be operated and because
of its effect upon uses within surrounding zoning districts.
(7) Permit the substitution of a nonconforming use existing at the time of
enactment of this Zoning Code with another nonconforming use if no structural
alterations, except those required by law or ordinance, are made, provided, however,
that in an “R” District, no change shall be authorized by the Board to any use which is
not a permitted or conditional use in any “R” District, and in a “B” District, no change
shall be authorized to any use which is not a permitted or conditional use in any “B”
District.
(8) Permit the temporary use of a structure or premises in any district for a
purpose or use that does not conform to the regulations prescribed elsewhere in this
Zoning Code for the district in which it is located, provided that such use is of a
temporary nature and does not involve the erection of a substantial structure. A zoning
certificate for such use shall be granted in the form of a temporary and revocable
permit for not more than a twelve-month period, subject to such conditions as will
safeguard the public health, safety, convenience and general welfare.
(Ord. 1466. Passed 4-11-94.)
The Board of Zoning Appeals shall have the following powers and duties:
(a) It shall be the Board's duty to hear and decide appeals where it is alleged that
there is error of law in any order, requirement, decision or determination made by the
Zoning Inspector in the enforcement of this Zoning Code, or any amendments thereto.
(b) In hearing and deciding appeals, the Board shall have the power to:
(1) Permit the extension of a district where the boundary line of a district
divides a lot or tract held in a single ownership at the time of the passage of this
Zoning Code.
(2) Interpret provisions of this Zoning Code in such a way as to carry out the
intent and purpose of the plan, as shown upon the Zoning District Map fixing the
several districts, accompanying and made a part of this Zoning Code by reference,
where the street layout actually on the ground varies from the street layout as shown
on the Map aforesaid.
(3) Permit the reconstruction of a nonconforming building which has been
damaged by explosion, fire, act of God or the public enemy to the extent of more than
sixty percent (60%) of its fair market value when the Board finds some compelling
necessity requiring a continuance of the nonconforming use, and the primary purpose
of continuing the nonconforming use is not to continue a monopoly.
(4) Permit the modification of automobile parking space or loading space
requirements when, in the particular instance, such modification will not be inconsistent
with the purpose and intent of such requirements, or permit the waiver of the
requirement that automobile parking space shall be provided on the same lot with a
dwelling, if other suitable and convenient parking space is available within or without a
building, or permit the dual use of parking facilities (i.e. by stores during the day and
theaters during the evening), provided that there is no overlapping of use and
provided that the parking space requirements for each building or use are complied
with during each period.
(5) Permit in “R” Districts public parking areas or storage garages adjacent to
any existing or proposed use in districts permitting multiple dwellings and in Business
and Industrial Districts.
(6) Determine whether an industry should be permitted within the M-1 or M-2
Industrial District because of the methods by which it would be operated and because
of its effect upon uses within surrounding zoning districts.
(7) Permit the substitution of a nonconforming use existing at the time of
enactment of this Zoning Code with another nonconforming use if no structural
alterations, except those required by law or ordinance, are made, provided, however,
that in an “R” District, no change shall be authorized by the Board to any use which is
not a permitted or conditional use in any “R” District, and in a “B” District, no change
shall be authorized to any use which is not a permitted or conditional use in any “B”
District.
(8) Permit the temporary use of a structure or premises in any district for a
purpose or use that does not conform to the regulations prescribed elsewhere in this
Zoning Code for the district in which it is located, provided that such use is of a
temporary nature and does not involve the erection of a substantial structure. A zoning
certificate for such use shall be granted in the form of a temporary and revocable
permit for not more than a twelve-month period, subject to such conditions as will
safeguard the public health, safety, convenience and general welfare.
(Ord. 1466. Passed 4-11-94.)
1164.08 VARIANCES; NONCONFORMING USES.
(a) The Board of Zoning Appeals shall have the power to hear and decide appeals
and authorize such variances from the provisions or requirements of this Zoning Code
as will not be contrary to the public interest. In authorizing a variance, the Board may
attach conditions and require guarantee or bond as it may deem necessary to ensure
compliance with the objectives of this Zoning Code. On appeal where there is
unnecessary hardship, the Board may grant a variance in the application of the
provisions of this Zoning Code only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions generally created by the provisions of this
Zoning Code in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions there is no
possibility that the property can be developed in strict conformity with the provisions of
this Zoning Code and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of
the neighborhood or district in which the property is located, substantially or
permanently impair the appropriate use or development of adjacent property or be
detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that
will afford relief and will represent the least modification possible of the regulation in
issue.
(b) The Board shall have the authority to grant an extension or permit completion
of a building devoted to a nonconforming use upon a lot occupied by such building, or
on a lot adjoining, provided that such lot was under the same ownership as the lot in
question on the date such building became nonconforming and provided that such
extension is necessary and incidental to the existing use of such building, provided,
however, that the floor areas of such extension shall not exceed, in all, 100 percent of
the floor area of the existing building or buildings devoted to a nonconforming use, and
provided, further, that such extension or extensions shall be undertaken within five
years of the date when the use of such building became nonconforming.
(Ord. 1466. Passed 4-11-94.)
(a) The Board of Zoning Appeals shall have the power to hear and decide appeals
and authorize such variances from the provisions or requirements of this Zoning Code
as will not be contrary to the public interest. In authorizing a variance, the Board may
attach conditions and require guarantee or bond as it may deem necessary to ensure
compliance with the objectives of this Zoning Code. On appeal where there is
unnecessary hardship, the Board may grant a variance in the application of the
provisions of this Zoning Code only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of lot size or shape, or exceptional
topographical or other physical conditions generally created by the provisions of this
Zoning Code in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions there is no
possibility that the property can be developed in strict conformity with the provisions of
this Zoning Code and that the authorization of a variance is therefore necessary to
enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of
the neighborhood or district in which the property is located, substantially or
permanently impair the appropriate use or development of adjacent property or be
detrimental to the public welfare.
(5) That the variance, if authorized, will represent the minimum variance that
will afford relief and will represent the least modification possible of the regulation in
issue.
(b) The Board shall have the authority to grant an extension or permit completion
of a building devoted to a nonconforming use upon a lot occupied by such building, or
on a lot adjoining, provided that such lot was under the same ownership as the lot in
question on the date such building became nonconforming and provided that such
extension is necessary and incidental to the existing use of such building, provided,
however, that the floor areas of such extension shall not exceed, in all, 100 percent of
the floor area of the existing building or buildings devoted to a nonconforming use, and
provided, further, that such extension or extensions shall be undertaken within five
years of the date when the use of such building became nonconforming.
(Ord. 1466. Passed 4-11-94.)
1164.09 CONDITIONAL USES.
(a) Under the authorization granted in Ohio R.C. Chapter 713 to hear and decide
special exceptions to the terms of this Zoning Code, the Board shall have the power to
decide applications for conditional uses in those cases specified in Chapter 1170. In
considering such application, the Board shall give due regard to the nature and
condition of all adjacent uses and structures and may impose such requirements and
conditions as the Board may deem necessary for the protection of adjacent properties
and the public interest, including specific limitations as to future expansion.
(b) The following basic standards shall apply to conditional uses in any “S” or “R”
District:
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, its site layout, and its relation
to streets giving access to it, shall be such that both pedestrian and vehicular traffic to
and from the use and the assembly of persons in connection with it will not be
hazardous, inconvenient or conflict with the normal traffic on residential streets, both at
the time and as the same may be expected to increase with any prospective increase
in the population of the area, taking into account convenient routes of pedestrian
traffic, particularly of children, the relation of the use to main traffic thoroughfares and
to street intersections and the general character and intensity of development of the
area.
(2) The location and height of buildings, the location, nature and height of
walls and fences and the nature and extent of landscaping on the site shall be such
that the use will not hinder or discourage the appropriate development and use of
adjacent land and buildings.
(c) The following basic standards shall apply to conditional uses in any “B” or “I”
District:
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, its site layout, and its relation
to streets giving access to it, shall be such that vehicular traffic to and from the use will
not be more hazardous than the normal traffic of the district, both at the time and as
the same may be expected to increase with increasing development of the Municipality,
taking into account vehicular turning movements in relation to routes of traffic flow,
street intersections, sight distances and pedestrian traffic.
(2) The nature, location, size and site layout of the use shall be such that it
will be a harmonious part of the “B” or “I” District in which it is situated, taking into
account prevailing shopping habits, convenience of access by prospective patrons,
the physical and economic relationships of one type of use to another and
characteristic groupings of uses in a “B” or “I” District.
(Ord. 1466. Passed 4-11-94.)
(a) Under the authorization granted in Ohio R.C. Chapter 713 to hear and decide
special exceptions to the terms of this Zoning Code, the Board shall have the power to
decide applications for conditional uses in those cases specified in Chapter 1170. In
considering such application, the Board shall give due regard to the nature and
condition of all adjacent uses and structures and may impose such requirements and
conditions as the Board may deem necessary for the protection of adjacent properties
and the public interest, including specific limitations as to future expansion.
(b) The following basic standards shall apply to conditional uses in any “S” or “R”
District:
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, its site layout, and its relation
to streets giving access to it, shall be such that both pedestrian and vehicular traffic to
and from the use and the assembly of persons in connection with it will not be
hazardous, inconvenient or conflict with the normal traffic on residential streets, both at
the time and as the same may be expected to increase with any prospective increase
in the population of the area, taking into account convenient routes of pedestrian
traffic, particularly of children, the relation of the use to main traffic thoroughfares and
to street intersections and the general character and intensity of development of the
area.
(2) The location and height of buildings, the location, nature and height of
walls and fences and the nature and extent of landscaping on the site shall be such
that the use will not hinder or discourage the appropriate development and use of
adjacent land and buildings.
(c) The following basic standards shall apply to conditional uses in any “B” or “I”
District:
(1) The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, its site layout, and its relation
to streets giving access to it, shall be such that vehicular traffic to and from the use will
not be more hazardous than the normal traffic of the district, both at the time and as
the same may be expected to increase with increasing development of the Municipality,
taking into account vehicular turning movements in relation to routes of traffic flow,
street intersections, sight distances and pedestrian traffic.
(2) The nature, location, size and site layout of the use shall be such that it
will be a harmonious part of the “B” or “I” District in which it is situated, taking into
account prevailing shopping habits, convenience of access by prospective patrons,
the physical and economic relationships of one type of use to another and
characteristic groupings of uses in a “B” or “I” District.
(Ord. 1466. Passed 4-11-94.)
1164.10 ISSUANCE OF ZONING CERTIFICATES FOR USES SUBJECT TO
PERFORMANCE REQUIREMENTS.
(a) The Board of Zoning Appeals shall have the power to authorize the issuance
of a zoning certificate for a use that is subject to performance requirements as set
forth in this Zoning Code.
(b) The application for a zoning certificate for a use subject to performance
requirements shall be accompanied by a plan of the proposed construction or
development, a description of the proposed machinery, processes and products, and
specifications for the mechanisms and techniques to be used in meeting the
performance requirements.
(c) The Board may refer the application to one or more expert consultants
qualified to advise as to whether a proposed use will conform to the performance
requirements. The costs of such services shall be borne by the applicant, and a copy
of any reports shall be furnished to the applicant.
PERFORMANCE REQUIREMENTS.
(a) The Board of Zoning Appeals shall have the power to authorize the issuance
of a zoning certificate for a use that is subject to performance requirements as set
forth in this Zoning Code.
(b) The application for a zoning certificate for a use subject to performance
requirements shall be accompanied by a plan of the proposed construction or
development, a description of the proposed machinery, processes and products, and
specifications for the mechanisms and techniques to be used in meeting the
performance requirements.
(c) The Board may refer the application to one or more expert consultants
qualified to advise as to whether a proposed use will conform to the performance
requirements. The costs of such services shall be borne by the applicant, and a copy
of any reports shall be furnished to the applicant.
1164.11 INTERPRETATION OF ZONING DISTRICT MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from
the street and lot lines as shown on the Zoning District Map, the Board of Zoning
Appeals, after notice to the owners of the property and after public hearing, shall
interpret the Map in such a way as to carry out the intent and purpose of this Zoning
Code. In case of any questions as to the location of any boundary line between zoning
districts, a request for interpretation of the Zoning District Map may be made to the
Board, and a determination shall be made by such Board.
(Ord. 1466. Passed 4-11-94.)
Where the street or lot layout actually on the ground, or as recorded, differs from
the street and lot lines as shown on the Zoning District Map, the Board of Zoning
Appeals, after notice to the owners of the property and after public hearing, shall
interpret the Map in such a way as to carry out the intent and purpose of this Zoning
Code. In case of any questions as to the location of any boundary line between zoning
districts, a request for interpretation of the Zoning District Map may be made to the
Board, and a determination shall be made by such Board.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1166
Amendments
1166.01 General authority of Council and Planning Commission.
1166.02 Initiation of amendments; public hearings.
1166.03 Submission of applications, data and information.
1166.04 Applicant to provide names and addresses of adjacent property
owners.
1166.05 Referral of proposed changes to County Regional Planning
Commission.
1166.06 Public hearings by Municipal Planning Commission; notice.
1166.07 Action by Municipal Planning Commission.
1166.08 Public hearings by Council; notice.
1166.09 Action by Council.
1166.10 Application fees; refunds.
Amendments
1166.01 General authority of Council and Planning Commission.
1166.02 Initiation of amendments; public hearings.
1166.03 Submission of applications, data and information.
1166.04 Applicant to provide names and addresses of adjacent property
owners.
1166.05 Referral of proposed changes to County Regional Planning
Commission.
1166.06 Public hearings by Municipal Planning Commission; notice.
1166.07 Action by Municipal Planning Commission.
1166.08 Public hearings by Council; notice.
1166.09 Action by Council.
1166.10 Application fees; refunds.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.48
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures see Ohio R.C.
713.10
Notice and hearing on zoning regulations - see Ohio R.C. 713.12
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.48
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures see Ohio R.C.
713.10
Notice and hearing on zoning regulations - see Ohio R.C. 713.12
1166.01 GENERAL AUTHORITY OF COUNCIL AND PLANNING COMMISSION.
Whenever the public necessity, convenience, general welfare or good zoning
practices require, Council may, by ordinance, after receipt of recommendations
thereon from the Planning Commission and subject to the procedures provided by law,
amend, supplement or change the regulations, district boundaries or classification of
property, now or hereafter established by this Zoning Code or amendments thereto. It
shall be the duty of the Commission to submit its recommendations regarding all
applications or proposals for amendments or supplements to Council.
(Ord. 1466. Passed 4-11-94.)
Whenever the public necessity, convenience, general welfare or good zoning
practices require, Council may, by ordinance, after receipt of recommendations
thereon from the Planning Commission and subject to the procedures provided by law,
amend, supplement or change the regulations, district boundaries or classification of
property, now or hereafter established by this Zoning Code or amendments thereto. It
shall be the duty of the Commission to submit its recommendations regarding all
applications or proposals for amendments or supplements to Council.
(Ord. 1466. Passed 4-11-94.)
1166.02 INITIATION OF AMENDMENTS; PUBLIC HEARINGS.
(a) Amendments or supplements to this Zoning Code may be initiated by motion of
the Planning Commission, by the passage of an ordinance therefor by Council or by
the filing with the Planning Commission of an application therefor by one or more of the
owners or lessees of property within the area proposed to be changed or affected by
the proposed amendment or supplement. Council shall, upon the passage of such an
ordinance, certify it to the Commission.
(b) Upon the adoption of such motion, the certification of such ordinance or the
filing of such application, the Commission shall set a date for a public hearing thereon,
which date shall not be less than twenty nor more than forty days from the date of the
certification of such ordinance, the date of adoption of such motion or the date of the
filing of such application.
(Ord. 1466. Passed 4-11-94.)
(a) Amendments or supplements to this Zoning Code may be initiated by motion of
the Planning Commission, by the passage of an ordinance therefor by Council or by
the filing with the Planning Commission of an application therefor by one or more of the
owners or lessees of property within the area proposed to be changed or affected by
the proposed amendment or supplement. Council shall, upon the passage of such an
ordinance, certify it to the Commission.
(b) Upon the adoption of such motion, the certification of such ordinance or the
filing of such application, the Commission shall set a date for a public hearing thereon,
which date shall not be less than twenty nor more than forty days from the date of the
certification of such ordinance, the date of adoption of such motion or the date of the
filing of such application.
(Ord. 1466. Passed 4-11-94.)
1166.03 SUBMISSION OF APPLICATIONS, DATA AND INFORMATION.
Applications for any change of district boundaries or classification of property as
shown on the Zoning District Map shall be submitted to the Planning Commission at its
public office upon such forms and shall be accompanied by such data and information
as may be prescribed for that purpose by the Commission so as to ensure the fullest
practicable presentation of facts for the permanent record. Each such application shall
be verified by at least one of the owners or lessees of property within the area
proposed to be reclassified, attesting to the truth and correctness of all facts and
information presented with the applications. Applications for amendments initiated by
the Commission shall be accompanied by its motion pertaining to such proposed
amendment.
(Ord. 1466. Passed 4-11-94.)
Applications for any change of district boundaries or classification of property as
shown on the Zoning District Map shall be submitted to the Planning Commission at its
public office upon such forms and shall be accompanied by such data and information
as may be prescribed for that purpose by the Commission so as to ensure the fullest
practicable presentation of facts for the permanent record. Each such application shall
be verified by at least one of the owners or lessees of property within the area
proposed to be reclassified, attesting to the truth and correctness of all facts and
information presented with the applications. Applications for amendments initiated by
the Commission shall be accompanied by its motion pertaining to such proposed
amendment.
(Ord. 1466. Passed 4-11-94.)
1166.04 APPLICANT TO PROVIDE NAMES AND ADDRESSES OF ADJACENT
PROPERTY OWNERS.
Any person or persons desiring a change in the zoning classification of property
shall file with the application for such change a statement giving the names and
addresses of the owners of all properties lying within 200 feet of any part of the
property, the zoning classification of which is proposed to be changed.
(Ord. 1466. Passed 4-11-94.)
PROPERTY OWNERS.
Any person or persons desiring a change in the zoning classification of property
shall file with the application for such change a statement giving the names and
addresses of the owners of all properties lying within 200 feet of any part of the
property, the zoning classification of which is proposed to be changed.
(Ord. 1466. Passed 4-11-94.)
1166.05 REFERRAL OF PROPOSED CHANGES TO COUNTY REGIONAL PLANNING
COMMISSION.
Within five days after the filing of an application for a change in the Zoning Code or
districts, the Planning Commission shall transmit a copy of the same, together with text
and maps pertaining thereto, to the County Regional Planning Commission. The
County Regional Planning Commission shall recommend the approval or denial of the
proposed amendment or supplement, or the approval of some modification thereof,
and shall submit such recommendation to the Municipal Planning Commission. Such
recommendation shall be considered at the public hearing held by the Municipal
Planning Commission on such proposed amendment or supplement.
(Ord. 1466. Passed 4-11-94.)
COMMISSION.
Within five days after the filing of an application for a change in the Zoning Code or
districts, the Planning Commission shall transmit a copy of the same, together with text
and maps pertaining thereto, to the County Regional Planning Commission. The
County Regional Planning Commission shall recommend the approval or denial of the
proposed amendment or supplement, or the approval of some modification thereof,
and shall submit such recommendation to the Municipal Planning Commission. Such
recommendation shall be considered at the public hearing held by the Municipal
Planning Commission on such proposed amendment or supplement.
(Ord. 1466. Passed 4-11-94.)
1166.06 PUBLIC HEARINGS BY MUNICIPAL PLANNING COMMISSION; NOTICE.
(a) Before submitting its recommendation on a proposed amendment to Council,
the Planning Commission shall hold a public hearing thereon, notice of which shall be
given by publication in a newspaper of general circulation in the Municipality at least
thirty days before the date of the hearing. The notice shall state the place or places
and times at which the proposed amendment to this Zoning Code, including the text
and maps, may be examined.
(b) If the proposed amendment or supplement intends to rezone or redistrict ten or
fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing
as provided in subsection (a) hereof shall be mailed by the Clerk-Treasurer, by
first-class mail, at least twenty days before the date of the public hearing, to all owners
of property within, contiguous to and directly across the street from the area proposed
to be rezoned or redistricted, to the addresses of such owners appearing on the
County Auditor's current tax list or the Clerk-Treasurer's mailing list and on such other
list or lists that may be specified by the Commission. The failure to notify, as provided
in this subsection, shall not invalidate any recommendations adopted hereunder, it
being the intention of this subsection to provide, so far as may be possible, due notice
to persons substantially interested in the proposed change that an application is
pending before the Commission, proposing to make a change in the Zoning District
Map or the regulations set forth in this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
(a) Before submitting its recommendation on a proposed amendment to Council,
the Planning Commission shall hold a public hearing thereon, notice of which shall be
given by publication in a newspaper of general circulation in the Municipality at least
thirty days before the date of the hearing. The notice shall state the place or places
and times at which the proposed amendment to this Zoning Code, including the text
and maps, may be examined.
(b) If the proposed amendment or supplement intends to rezone or redistrict ten or
fewer parcels of land, as listed on the tax duplicate, written notice of the public hearing
as provided in subsection (a) hereof shall be mailed by the Clerk-Treasurer, by
first-class mail, at least twenty days before the date of the public hearing, to all owners
of property within, contiguous to and directly across the street from the area proposed
to be rezoned or redistricted, to the addresses of such owners appearing on the
County Auditor's current tax list or the Clerk-Treasurer's mailing list and on such other
list or lists that may be specified by the Commission. The failure to notify, as provided
in this subsection, shall not invalidate any recommendations adopted hereunder, it
being the intention of this subsection to provide, so far as may be possible, due notice
to persons substantially interested in the proposed change that an application is
pending before the Commission, proposing to make a change in the Zoning District
Map or the regulations set forth in this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
1166.07 ACTION BY THE MUNICIPAL PLANNING COMMISSION.
The Planning Commission may recommend that an application be granted as
requested, that a modification of the zoning amendment requested in the application
be made or that the application be not granted. These recommendations shall then be
certified to Council within thirty days after the hearing.
(Ord. 1466. Passed 4-11-94.)
The Planning Commission may recommend that an application be granted as
requested, that a modification of the zoning amendment requested in the application
be made or that the application be not granted. These recommendations shall then be
certified to Council within thirty days after the hearing.
(Ord. 1466. Passed 4-11-94.)
1166.08 PUBLIC HEARINGS BY COUNCIL; NOTICE.
After receiving from the Planning Commission the certification of recommendations
on a proposed amendment, and before adoption of such amendment, Council shall
hold a public hearing thereon within thirty days of the receipt of the recommendations
from the Commission, at least thirty days notice of the time and place of which shall be
given by publication in a newspaper of general circulation in the Municipality once a
week for two weeks. The notice shall state the place or places and times at which the
proposed amendment to this Zoning Code, including the text and maps, may be
examined, and any other notice required by State statute shall also be given.
(Ord. 1466. Passed 4-11-94.)
After receiving from the Planning Commission the certification of recommendations
on a proposed amendment, and before adoption of such amendment, Council shall
hold a public hearing thereon within thirty days of the receipt of the recommendations
from the Commission, at least thirty days notice of the time and place of which shall be
given by publication in a newspaper of general circulation in the Municipality once a
week for two weeks. The notice shall state the place or places and times at which the
proposed amendment to this Zoning Code, including the text and maps, may be
examined, and any other notice required by State statute shall also be given.
(Ord. 1466. Passed 4-11-94.)
1166.09 ACTION BY COUNCIL.
Within twenty days after holding the public hearing on a proposed amendment,
Council shall consider the recommendations and vote on the passage of the proposed
amendment to the text of this Zoning Code or the Zoning District Map. No such
ordinance, measure or regulation which 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 members of Council.
Within twenty days after holding the public hearing on a proposed amendment,
Council shall consider the recommendations and vote on the passage of the proposed
amendment to the text of this Zoning Code or the Zoning District Map. No such
ordinance, measure or regulation which 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 members of Council.
1166.10 APPLICATION FEES; REFUNDS.
(a) At the time that an application for a change of zoning districts is filed with the
Planning Commission, as provided in this chapter, there shall be deposited with the
Clerk-Treasurer the sum of thirty dollars ($30.00) as a fee to cover investigation, legal
notices and other expenses incidental to the determination of such matter, such fee to
be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be
deposited for each additional lot or part of an additional lot which may be included in
the request, such additional lot or part of a lot to be adjacent to the lot for which the
change is requested or an adjacent lot. Such sums so deposited shall be credited by
the Clerk-Treasurer to the General Fund.
(b) In the event that the Planning Commission disapproves the application, and
the petitioner elects not to have the same certified to Council, then a refund of
twenty-five dollars ($25.00), plus an additional refund of three dollars ($3.00) for each
additional lot or part of an additional lot which was included in the application, shall be
made to the petitioner by the Clerk-Treasurer, provided that the Clerk-Treasurer is
notified of such decision by the petitioner within thirty days from the time of the action
taken by the Planning Commission.
(Ord. 1466. Passed 4-11-94.)
(a) At the time that an application for a change of zoning districts is filed with the
Planning Commission, as provided in this chapter, there shall be deposited with the
Clerk-Treasurer the sum of thirty dollars ($30.00) as a fee to cover investigation, legal
notices and other expenses incidental to the determination of such matter, such fee to
be for one lot or part of one lot. An additional fee of five dollars ($5.00) shall be
deposited for each additional lot or part of an additional lot which may be included in
the request, such additional lot or part of a lot to be adjacent to the lot for which the
change is requested or an adjacent lot. Such sums so deposited shall be credited by
the Clerk-Treasurer to the General Fund.
(b) In the event that the Planning Commission disapproves the application, and
the petitioner elects not to have the same certified to Council, then a refund of
twenty-five dollars ($25.00), plus an additional refund of three dollars ($3.00) for each
additional lot or part of an additional lot which was included in the application, shall be
made to the petitioner by the Clerk-Treasurer, provided that the Clerk-Treasurer is
notified of such decision by the petitioner within thirty days from the time of the action
taken by the Planning Commission.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1168
Districts Generally And Zoning Map
1168.01 Establishment of districts.
1168.02 Open Area Districts.
1168.03 Residential Districts
1168.04 Business Districts.
1168.05 Industrial Districts.
1168.06 Zoning District Map.
1168.07 Determination of district boundary lines.
Districts Generally And Zoning Map
1168.01 Establishment of districts.
1168.02 Open Area Districts.
1168.03 Residential Districts
1168.04 Business Districts.
1168.05 Industrial Districts.
1168.06 Zoning District Map.
1168.07 Determination of district boundary lines.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R. C. 713.09
Basis of districting or zoning, classification of buildings and structures - see Ohio R.C.
713.10
Interpretation of Zoning District Map - see P. & Z. 1164.11
Table of Permitted and Conditional Uses - see P. & Z. 1170.01
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R. C. 713.09
Basis of districting or zoning, classification of buildings and structures - see Ohio R.C.
713.10
Interpretation of Zoning District Map - see P. & Z. 1164.11
Table of Permitted and Conditional Uses - see P. & Z. 1170.01
1168.01 ESTABLISHMENT OF DISTRICTS.
The Municipality is hereby divided into districts under four general categories which
shall be known as Open Area Districts, Residential Districts, Business Districts and
Industrial Districts.
(Ord. 1466. Passed 4-11-94.)
The Municipality is hereby divided into districts under four general categories which
shall be known as Open Area Districts, Residential Districts, Business Districts and
Industrial Districts.
(Ord. 1466. Passed 4-11-94.)
1168.02 OPEN AREA DISTRICTS.
(a) S-1 Special Districts. S-1 Special Districts are areas which are large public or
semipublic holdings for recreation and conservation purposes, areas suitable for
noncommercial recreation and areas subject to periodic flooding.
(b) A-1 Agriculture Districts. A-1 Agriculture Districts contain land which is level or
gently rolling and is best reserved for agriculture, forestry and other rural purposes.
(Ord. 1466. Passed 4-11-94.)
(a) S-1 Special Districts. S-1 Special Districts are areas which are large public or
semipublic holdings for recreation and conservation purposes, areas suitable for
noncommercial recreation and areas subject to periodic flooding.
(b) A-1 Agriculture Districts. A-1 Agriculture Districts contain land which is level or
gently rolling and is best reserved for agriculture, forestry and other rural purposes.
(Ord. 1466. Passed 4-11-94.)
1168.03 RESIDENTIAL DISTRICTS.
(a) R-1 Suburban Residence Districts. R-1 Suburban Residence Districts are
areas for very low density residential development which may or may not have
community water and sewerage services.
(b) R-2 Density Residence Districts. R-2 Density Residence Districts are areas for
relatively low density residential development which is served by group water and
sewerage facilities.
(c) R-3 Moderate Density Residence Districts. R-3 Moderate Density Residence
Districts are areas for residential development of moderate density, including multiple
dwellings as well as one and two-family residences served by group water and
sewerage facilities.
(Ord. 1466. Passed 4-11-94.)
(a) R-1 Suburban Residence Districts. R-1 Suburban Residence Districts are
areas for very low density residential development which may or may not have
community water and sewerage services.
(b) R-2 Density Residence Districts. R-2 Density Residence Districts are areas for
relatively low density residential development which is served by group water and
sewerage facilities.
(c) R-3 Moderate Density Residence Districts. R-3 Moderate Density Residence
Districts are areas for residential development of moderate density, including multiple
dwellings as well as one and two-family residences served by group water and
sewerage facilities.
(Ord. 1466. Passed 4-11-94.)
1168.04 BUSINESS DISTRICTS.
(a) B-1 Local Business Districts. B-1 Local Business Districts are areas for local or
neighborhood business providing principally convenience goods and personal
services.
(b) B-2 Highway and General Business Districts. B-2 Highway and General
Business Districts are areas along major highways or thoroughfares which provide
sales and services oriented to highway travelers, or general businesses, including
sales and services for automobiles, farm machinery, building trades, etc.
(c) B-3 Central Business Districts. B-3 Central Business Districts are areas of the
existing central business district which contain structurally sound and functional
buildings plus contiguous areas which provide for the logical expansion of a unified
and compact commercial core.
(Ord. 1466. Passed 4-11-94.)
(a) B-1 Local Business Districts. B-1 Local Business Districts are areas for local or
neighborhood business providing principally convenience goods and personal
services.
(b) B-2 Highway and General Business Districts. B-2 Highway and General
Business Districts are areas along major highways or thoroughfares which provide
sales and services oriented to highway travelers, or general businesses, including
sales and services for automobiles, farm machinery, building trades, etc.
(c) B-3 Central Business Districts. B-3 Central Business Districts are areas of the
existing central business district which contain structurally sound and functional
buildings plus contiguous areas which provide for the logical expansion of a unified
and compact commercial core.
(Ord. 1466. Passed 4-11-94.)
1168.05 INDUSTRIAL DISTRICTS.
(a) M-I Restricted Industrial Districts. M-1 Restricted Industrial Districts are areas
for light industries with restricted manufacturing operations, research facilities and
offices of a restricted nature which will have little or no detrimental effects on
neighboring land uses.
(b) M-2 General Industrial Districts. M-2 General Industrial Districts are areas
which, because of their access to transportation and community services, and relative
isolation from other land uses, provide good sites for most types of general industry.
(Ord. 1466. Passed 4-11-94.)
(a) M-I Restricted Industrial Districts. M-1 Restricted Industrial Districts are areas
for light industries with restricted manufacturing operations, research facilities and
offices of a restricted nature which will have little or no detrimental effects on
neighboring land uses.
(b) M-2 General Industrial Districts. M-2 General Industrial Districts are areas
which, because of their access to transportation and community services, and relative
isolation from other land uses, provide good sites for most types of general industry.
(Ord. 1466. Passed 4-11-94.)
1168.06 ZONING DISTRICT MAP.
(a) The boundaries of the districts are shown upon a map which is designated as
the Zoning District Map. The Zoning District Map and other information shown thereon,
are hereby made a part of this Zoning Code by reference. The original Zoning District
Map is properly attested and is on file with the Clerk-Treasurer.
(b) No amendment to this Zoning Code which involves matter portrayed on the
Zoning District Map shall become effective until after such change and entry have
been made on such Map. No changes of any nature shall be made on the Zoning
District Map or matter shown thereon except in conformity with the procedures set forth
in this Zoning Code.
(c) The Zoning District Map, which shall be located in the office of the
Clerk-Treasurer, shall be the final authority as to the current zoning status of land and
water areas, buildings and other structures.
(Ord. 1466. Passed 4-11-94.)
(a) The boundaries of the districts are shown upon a map which is designated as
the Zoning District Map. The Zoning District Map and other information shown thereon,
are hereby made a part of this Zoning Code by reference. The original Zoning District
Map is properly attested and is on file with the Clerk-Treasurer.
(b) No amendment to this Zoning Code which involves matter portrayed on the
Zoning District Map shall become effective until after such change and entry have
been made on such Map. No changes of any nature shall be made on the Zoning
District Map or matter shown thereon except in conformity with the procedures set forth
in this Zoning Code.
(c) The Zoning District Map, which shall be located in the office of the
Clerk-Treasurer, shall be the final authority as to the current zoning status of land and
water areas, buildings and other structures.
(Ord. 1466. Passed 4-11-94.)
1168.07 DETERMINATION OF DISTRICT BOUNDARY LINES.
The district boundary lines on the Zoning District Map are intended to follow either
centerlines of thoroughfares or railroads or lot lines. 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.
(Ord. 1466. Passed 4-11-94.)
The district boundary lines on the Zoning District Map are intended to follow either
centerlines of thoroughfares or railroads or lot lines. 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.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1170 Use Regulations
1170.01 Table of Permitted and Conditional Uses; interpretation.
1170.01 Table of Permitted and Conditional Uses; interpretation.
CROSS REFERENCES
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Exempted uses - see P. & Z. 1160.05
Duties of Board of Zoning Appeals re conditional uses - see P. & Z. 1164.09
Discontinued uses - see P. & Z. 1176.03
Conditional uses not to be considered nonconforming - see P. & Z. 1176.06
Joint use of off-street parking areas - see P. & Z. 1182.02(c)
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Exempted uses - see P. & Z. 1160.05
Duties of Board of Zoning Appeals re conditional uses - see P. & Z. 1164.09
Discontinued uses - see P. & Z. 1176.03
Conditional uses not to be considered nonconforming - see P. & Z. 1176.06
Joint use of off-street parking areas - see P. & Z. 1182.02(c)
1170.01 TABLE OF PERMITTED AND CONDITIONAL USES; INTERPRETATION.
The permitted and conditional uses for each district are shown in the following
table. The interpretation of uses given in categorical terms shall be as defined in
Chapters 1160 and 1168. Uses not specifically listed or interpreted to be included
categorically under this chapter and Chapters 1160 and 1168 shall not be permitted
except by amendment to this Zoning Code.
The permitted and conditional uses for each district are shown in the following
table. The interpretation of uses given in categorical terms shall be as defined in
Chapters 1160 and 1168. Uses not specifically listed or interpreted to be included
categorically under this chapter and Chapters 1160 and 1168 shall not be permitted
except by amendment to this Zoning Code.
| TABLE OF PERMITTED AND CONDITIONAL USES S-1 SPECIAL DISTRICTS |
|
|
|
|
|
|
| A-1 AGRICULTURE DISTRICTS |
| R-1 SUBURBAN RESIDENCE DISTRICTS |
|
| R-2 LOW DENSITY RESIDENCE DISTRICTS |
|
|
| R-3 MODERATE DENSITY RESIDENCE DISTRICTS |
|
|
| B-1 LOCAL BUSINESS DISTRICTS |
|
|
|
| B-2 HIGHWAY AND GENERAL BUSINESS DISTRICTS |
|
|
| B-3 CENTRAL BUSINESS DISTRICTS |
|
|
|
|
|
| M-2 GENERAL INDUSTRIAL DISTRICTS |
|
|
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1172
Special Provisions For Residential Uses Only
1172.01 Location of mobile homes; mobile home park requirements.
1172.02 Parking or storage of mobile homes, trailers and boats.
1172.03 Swimming pools.
1172.04 Fences and other screens.
Special Provisions For Residential Uses Only
1172.01 Location of mobile homes; mobile home park requirements.
1172.02 Parking or storage of mobile homes, trailers and boats.
1172.03 Swimming pools.
1172.04 Fences and other screens.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Permitted and conditional uses in Residential Districts - see P. & Z. 1170.01
Side and rear yard requirements for nonresidential uses abutting Residential
Districts - see P. & Z. 1178.04
Planned unit developments in Residential Districts - see P. & Z. 1180.08
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Permitted and conditional uses in Residential Districts - see P. & Z. 1170.01
Side and rear yard requirements for nonresidential uses abutting Residential
Districts - see P. & Z. 1178.04
Planned unit developments in Residential Districts - see P. & Z. 1180.08
1172.01 LOCATION OF MOBILE HOMES; MOBILE HOME PARK REQUIREMENTS.
(a) No person shall locate a mobile home, trailer or similar portable residence
structure in the Municipality except in a mobile home park in an R-3 Residence District.
(b) A mobile home park shall conform to the following requirements:
(1) It shall contain a minimum of four acres.
(2) It shall provide an adequate supply of Municipal water.
(3) It shall provide an adequate system of collective sanitary sewers, sewage
treatment and disposal.
(4) It shall provide a clearly defined minimum lot area of 4,500 square feet,
with a minimum lot width of forty-five feet and 400 square feet of floor area for each
mobile home or trailer.
(5) It shall provide a minimum of twenty feet of clearance between the
individual mobile homes or trailers and a fifty-foot setback from any property line
bounding the mobile home park.
(6) All mobile home spaces shall abut upon a water-bound macadam
driveway having a total depth of six inches and not less than twenty-five feet in width,
which shall have unobstructed access to a private or public street.
( 7) A safe, usable recreation area shall be conveniently located in each
mobile home park and shall not be less than twenty percent of the gross area of the
tract, or three acres, whichever is the least.
(8) It shall conform to all County and State Health Department requirements.
(9) Skirts shall be provided to screen space beneath mobile homes.
(10) It shall be landscaped with lawns and plantings, including appropriate
trees.
(11) Mobile home parks shall be effectively screened on all sides by means of
walls, fences or plantings, except where the area is sufficiently removed from other
urban uses as determined by the Board of Zoning Appeals. Walls or fences shall be a
minimum of four feet in height without advertising thereon. In lieu of such wall or fence,
a strip of land not less than ten feet in width and planted and maintained with an
evergreen hedge or dense planting of evergreen shrubs not less than four feet in
height may be substituted.
(Ord. 1466. Passed 4-11-94.)
(a) No person shall locate a mobile home, trailer or similar portable residence
structure in the Municipality except in a mobile home park in an R-3 Residence District.
(b) A mobile home park shall conform to the following requirements:
(1) It shall contain a minimum of four acres.
(2) It shall provide an adequate supply of Municipal water.
(3) It shall provide an adequate system of collective sanitary sewers, sewage
treatment and disposal.
(4) It shall provide a clearly defined minimum lot area of 4,500 square feet,
with a minimum lot width of forty-five feet and 400 square feet of floor area for each
mobile home or trailer.
(5) It shall provide a minimum of twenty feet of clearance between the
individual mobile homes or trailers and a fifty-foot setback from any property line
bounding the mobile home park.
(6) All mobile home spaces shall abut upon a water-bound macadam
driveway having a total depth of six inches and not less than twenty-five feet in width,
which shall have unobstructed access to a private or public street.
( 7) A safe, usable recreation area shall be conveniently located in each
mobile home park and shall not be less than twenty percent of the gross area of the
tract, or three acres, whichever is the least.
(8) It shall conform to all County and State Health Department requirements.
(9) Skirts shall be provided to screen space beneath mobile homes.
(10) It shall be landscaped with lawns and plantings, including appropriate
trees.
(11) Mobile home parks shall be effectively screened on all sides by means of
walls, fences or plantings, except where the area is sufficiently removed from other
urban uses as determined by the Board of Zoning Appeals. Walls or fences shall be a
minimum of four feet in height without advertising thereon. In lieu of such wall or fence,
a strip of land not less than ten feet in width and planted and maintained with an
evergreen hedge or dense planting of evergreen shrubs not less than four feet in
height may be substituted.
(Ord. 1466. Passed 4-11-94.)
1172.02 PARKING OR STORAGE OF MOBILE HOMES, TRAILERS AND BOATS.
(a) The parking of a mobile home, house trailer or similar portable residence
structure in any Residential District, other than an R-3 District, for ten days or a longer
period of time, shall be prohibited.
(b) The parking of camping or vacation trailers, boats and utility or boat trailers
shall be prohibited in any "R" District for forty-eight hours or a longer period of time,
except that such trailers and boats may be stored in an enclosed garage or other
accessory building or parked in the rear yard of a residential property, provided that:
(1) In all cases, no living quarters shall be maintained or any business
conducted while the trailer or boat is stored or parked.
(2) The trailer or boat is intended and used for the sole benefit and
enjoyment of the resident occupants of the property on which it is stored or parked.
(3) The trailer or boat shall not be parked closer than five feet to the side or
rear lot lines of the property on which it is stored or parked.
(Ord. 1466. Passed 4-11-94.)
(a) The parking of a mobile home, house trailer or similar portable residence
structure in any Residential District, other than an R-3 District, for ten days or a longer
period of time, shall be prohibited.
(b) The parking of camping or vacation trailers, boats and utility or boat trailers
shall be prohibited in any "R" District for forty-eight hours or a longer period of time,
except that such trailers and boats may be stored in an enclosed garage or other
accessory building or parked in the rear yard of a residential property, provided that:
(1) In all cases, no living quarters shall be maintained or any business
conducted while the trailer or boat is stored or parked.
(2) The trailer or boat is intended and used for the sole benefit and
enjoyment of the resident occupants of the property on which it is stored or parked.
(3) The trailer or boat shall not be parked closer than five feet to the side or
rear lot lines of the property on which it is stored or parked.
(Ord. 1466. Passed 4-11-94.)
1172.03 SWIMMING POOLS.
(a) Private swimming pools. A private swimming pool, not including farm ponds,
shall be any pool, lake or open tank not located within a completely enclosed building
and containing or normally capable of containing water to a depth at any point greater
than one and one-half feet. No such swimming pool, exclusive of portable swimming
pools with a diameter less than twelve feet or with an area of less than 100 square
feet, shall be allowed in any "B" or "R" District except as an accessory use and unless
it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the
occupants of the principal use of the property on which it is located.
(2) It may not be located, including any walks, paved areas or accessory
structure adjacent thereto, closer than ten feet to any property line of the property on
which it is located.
(3) The swimming pool, or the entire property on which it is located, shall be
so walled or fenced as to prevent uncontrolled access by children from the street or
from adjacent properties. Such fence or wall is to be not less than five feet in height
and maintained in good condition with a gate and lock.
(b) Community or club swimming pools. A community or club swimming pool shall
be any pool constructed by an association of property owners or by a private club for
use and enjoyment by members of the association or club and their families.
Community and club swimming pools are permitted in all districts, but shall comply with
the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and the
families and guests of members of the association or club under whose ownership or
jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by
the bathers, shall not be closer than 100 feet to any property line of the property on
which they are located.
(3) The swimming pool and all of the area used by the bathers shall be so
walled or fenced as to prevent uncontrolled access by children from the street or
adjacent properties. Such fence or wall shall not be less than six feet in height and
shall be maintained in good condition.
(Ord. 1466. Passed 4-11-94.)
(a) Private swimming pools. A private swimming pool, not including farm ponds,
shall be any pool, lake or open tank not located within a completely enclosed building
and containing or normally capable of containing water to a depth at any point greater
than one and one-half feet. No such swimming pool, exclusive of portable swimming
pools with a diameter less than twelve feet or with an area of less than 100 square
feet, shall be allowed in any "B" or "R" District except as an accessory use and unless
it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the
occupants of the principal use of the property on which it is located.
(2) It may not be located, including any walks, paved areas or accessory
structure adjacent thereto, closer than ten feet to any property line of the property on
which it is located.
(3) The swimming pool, or the entire property on which it is located, shall be
so walled or fenced as to prevent uncontrolled access by children from the street or
from adjacent properties. Such fence or wall is to be not less than five feet in height
and maintained in good condition with a gate and lock.
(b) Community or club swimming pools. A community or club swimming pool shall
be any pool constructed by an association of property owners or by a private club for
use and enjoyment by members of the association or club and their families.
Community and club swimming pools are permitted in all districts, but shall comply with
the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and the
families and guests of members of the association or club under whose ownership or
jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by
the bathers, shall not be closer than 100 feet to any property line of the property on
which they are located.
(3) The swimming pool and all of the area used by the bathers shall be so
walled or fenced as to prevent uncontrolled access by children from the street or
adjacent properties. Such fence or wall shall not be less than six feet in height and
shall be maintained in good condition.
(Ord. 1466. Passed 4-11-94.)
1172.04 FENCES AND OTHER SCREENS.
Fences, plant material and similar screening devices, up to three feet in height, are
permitted in yards fronting on the public street. These same screening devices up to
six feet in height are permitted in the remaining yards. Exceptions to these height
limitations may be permitted by the Board of Zoning Appeals upon submission of
appropriate plans and reasons therefor.
(Ord. 1466. Passed 4-11-94.)
Fences, plant material and similar screening devices, up to three feet in height, are
permitted in yards fronting on the public street. These same screening devices up to
six feet in height are permitted in the remaining yards. Exceptions to these height
limitations may be permitted by the Board of Zoning Appeals upon submission of
appropriate plans and reasons therefor.
(Ord. 1466. Passed 4-11-94.)
79 ADVANCE \d 72 CHAPTER 1174
Special Provisions For Residential, Commercial And Industrial Uses
1174.01 Performance standards.
1174.02 Signs and outdoor advertising structures.
1174.03 Mineral extraction, storage and processing.
1174.04 Excavation of fill for highway construction.
1174.05 Automobile wrecking and metal salvaging, sales and storage
facilities.
1174.06 Temporary buildings and construction trailers.
1174.07 Open storage and display of material and equipment.
1174.08 Site plan review for commercial and industrial developments.
Special Provisions For Residential, Commercial And Industrial Uses
1174.01 Performance standards.
1174.02 Signs and outdoor advertising structures.
1174.03 Mineral extraction, storage and processing.
1174.04 Excavation of fill for highway construction.
1174.05 Automobile wrecking and metal salvaging, sales and storage
facilities.
1174.06 Temporary buildings and construction trailers.
1174.07 Open storage and display of material and equipment.
1174.08 Site plan review for commercial and industrial developments.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Districts generally - see P. & Z. Ch. 1168
Permitted and conditional uses in Residential, Business and Industrial
Districts - see P. & Z. 1170.01
Side and rear yard requirements for nonresidential uses abutting
Residential Districts - see P. & Z. 1178.04
Planned unit developments in Residential, Business and Industrial Districts - see
P. & Z. Ch. 1180
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R.C.
713.10
Districts generally - see P. & Z. Ch. 1168
Permitted and conditional uses in Residential, Business and Industrial
Districts - see P. & Z. 1170.01
Side and rear yard requirements for nonresidential uses abutting
Residential Districts - see P. & Z. 1178.04
Planned unit developments in Residential, Business and Industrial Districts - see
P. & Z. Ch. 1180
1174.01 PERFORMANCE STANDARDS.
(a) In General. No land or building in any district shall be used or occupied in any
manner so as to create any dangerous, injurious, noxious or otherwise objectionable
element or condition so as to adversely affect the surrounding area or adjoining
premises, provided that any use permitted by this Zoning Code may be undertaken
and maintained if acceptable measures and safeguards are employed to limit
dangerous and objectionable elements to acceptable limits as established by the
following performance requirements:
(1) Fire hazards. Any activity involving the use or storage of flammable or
explosive materials shall be protected by adequate fire-fighting and fire suppression
equipment and by such safety devices as are normally used in the handling of any
such material. Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved.
(2) Radioactivity or electrical disturbances. No activity shall emit dangerous
radioactivity at any point or electrical disturbance adversely affecting the operation at
any point of any equipment other than that of the creator of such disturbance.
(3) Noise. Noise which is objectionable, as determined by the Board of
Zoning Appeals, because of intermittence, beat, frequency or shrillness, shall be
muffled or otherwise controlled. Noises may equal but shall not exceed average street
traffic noise during periods that traffic noise exceeds the following decibel readings as
measured at the boundary or boundaries of the district or at any point in any adjacent
"R" District.
M-1 M-2
75 decibels 80 decibels
(4) Vibration. No continuous vibration shall be permitted which will have the
effect of destroying adjoining property and is found to be detrimental to the legal use
of any adjoining lot or property.
(5) Smoke. Smoke shall not be emitted with a density greater than No. 3 on
the Ringelmann Chart, as issued by the United States Bureau of Mines. Smoke of a
density of No. 4 on the Ringelmann Chart shall be permitted for a period of up to eight
minutes in each hour, provided that the following conditions exist:
A. Breakdown of equipment.
B. Starting new fires.
C. Clean-up time.
(6) Odors. No malodorous gas or matter shall be permitted which is offensive
or which produces a public nuisance or hazard on any adjoining lot or property.
(7) Air pollution. No pollution of air by fly ash, dust vapors or other substance
shall be permitted which is harmful to health, animals, vegetation or other property, or
which can cause excessive soiling.
(8) Glare. No direct or reflected glare shall be permitted which is visible from
any property outside an "I" District or from any public street, road or highway.
(9) Erosion. No erosion, by either wind or water, shall be permitted which will
carry objectionable substances onto neighboring properties.
(10) Water pollution. Pollution of water shall be subject to the requirements and
regulations established by the Ohio Environmental Protection Agency.
(b) Enforcement.
(1) Statements and plans. The Zoning Inspector or Board of Zoning Appeals,
prior to the issuance of a zoning certificate, may require the submission of statements
and plans indicating the manner in which dangerous and objectionable elements
involved in processing and in equipment operations are to be eliminated or reduced to
acceptable limits and tolerances.
(2) Measurement procedures. Methods and procedures for the determination
of the existence of any dangerous and objectionable elements shall conform to
applicable standard measurement procedures published by the American National
Standards Institute, Inc., the Manufacturing Chemists' Association, Inc., the United
States Bureau of Mines, and their successor agencies, or to procedures established or
designated by the Zoning Inspector.
(Ord. 1466. Passed 4-11-94.)
(a) In General. No land or building in any district shall be used or occupied in any
manner so as to create any dangerous, injurious, noxious or otherwise objectionable
element or condition so as to adversely affect the surrounding area or adjoining
premises, provided that any use permitted by this Zoning Code may be undertaken
and maintained if acceptable measures and safeguards are employed to limit
dangerous and objectionable elements to acceptable limits as established by the
following performance requirements:
(1) Fire hazards. Any activity involving the use or storage of flammable or
explosive materials shall be protected by adequate fire-fighting and fire suppression
equipment and by such safety devices as are normally used in the handling of any
such material. Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved.
(2) Radioactivity or electrical disturbances. No activity shall emit dangerous
radioactivity at any point or electrical disturbance adversely affecting the operation at
any point of any equipment other than that of the creator of such disturbance.
(3) Noise. Noise which is objectionable, as determined by the Board of
Zoning Appeals, because of intermittence, beat, frequency or shrillness, shall be
muffled or otherwise controlled. Noises may equal but shall not exceed average street
traffic noise during periods that traffic noise exceeds the following decibel readings as
measured at the boundary or boundaries of the district or at any point in any adjacent
"R" District.
M-1 M-2
75 decibels 80 decibels
(4) Vibration. No continuous vibration shall be permitted which will have the
effect of destroying adjoining property and is found to be detrimental to the legal use
of any adjoining lot or property.
(5) Smoke. Smoke shall not be emitted with a density greater than No. 3 on
the Ringelmann Chart, as issued by the United States Bureau of Mines. Smoke of a
density of No. 4 on the Ringelmann Chart shall be permitted for a period of up to eight
minutes in each hour, provided that the following conditions exist:
A. Breakdown of equipment.
B. Starting new fires.
C. Clean-up time.
(6) Odors. No malodorous gas or matter shall be permitted which is offensive
or which produces a public nuisance or hazard on any adjoining lot or property.
(7) Air pollution. No pollution of air by fly ash, dust vapors or other substance
shall be permitted which is harmful to health, animals, vegetation or other property, or
which can cause excessive soiling.
(8) Glare. No direct or reflected glare shall be permitted which is visible from
any property outside an "I" District or from any public street, road or highway.
(9) Erosion. No erosion, by either wind or water, shall be permitted which will
carry objectionable substances onto neighboring properties.
(10) Water pollution. Pollution of water shall be subject to the requirements and
regulations established by the Ohio Environmental Protection Agency.
(b) Enforcement.
(1) Statements and plans. The Zoning Inspector or Board of Zoning Appeals,
prior to the issuance of a zoning certificate, may require the submission of statements
and plans indicating the manner in which dangerous and objectionable elements
involved in processing and in equipment operations are to be eliminated or reduced to
acceptable limits and tolerances.
(2) Measurement procedures. Methods and procedures for the determination
of the existence of any dangerous and objectionable elements shall conform to
applicable standard measurement procedures published by the American National
Standards Institute, Inc., the Manufacturing Chemists' Association, Inc., the United
States Bureau of Mines, and their successor agencies, or to procedures established or
designated by the Zoning Inspector.
(Ord. 1466. Passed 4-11-94.)
1174.02 SIGNS AND OUTDOOR ADVERTISING STRUCTURES.
No sign shall be permitted in any district except as hereinafter provided.
(a) In general.
(1) A sign not exceeding twelve square feet in area and advertising the sale,
rental or lease of the premises on which the sign is located shall be permitted on any
property.
(2) Announcement or professional signs for home occupations and
professional activities, where permitted; shall not exceed two square feet in area in an
"R" District and not more than four square feet in other districts.
(3) Bulletin boards and signs for a church, school, community or other public
or semipublic institutional building shall be permitted, provided that the area for such
bulletin board or sign shall not exceed fifteen square feet in area.
(4) Wall signs pertaining to a nonconforming use shall be permitted on the
same premises of such use, provided that the area of such sign does not exceed
twenty square feet.
(5) No building wall shall be used for the display of advertising, except that
pertaining to the use carried on within such building.
(6) Temporary signs, not exceeding in the aggregate fifty square feet,
announcing special events, the erection of a building or the architect, builders,
contractors, etc., therefore, may be erected for a period of sixty days, plus the
construction period.
(7) No sign shall be placed in any public right of way, except publicly-owned
signs, such as traffic control signs and directional signs.
(8) Any existing sign removed op altered must conform to the provisions of
this Zoning Code.
(b) Signs in Business or Industrial Districts.
(1) In a Business or Industrial District, each business shall be permitted one
flat or wall sign. Projections of wall signs shall not exceed two feet measured from the
face of the main wall of the building.
(2) The area of all permanent advertising signs for any single business
enterprise shall be limited according to the widths of the building or part of building
occupied by such enterprise. For purposes of this paragraph, width shall be measured
along the building face that is parallel or most nearly parallel to the street line. In the
case of a corner lot, either frontage may be used in determining the maximum area of
the sign.
(3) Free-standing signs not over thirty feet in height, having a maximum total
sign area of 100 square feet and located not closer than ten feet from any street
right-of-way line and not closer than 100 feet from any adjoining lot line, may be
erected to serve a group of business establishments. There shall be only one
free-standing sign for each building, regardless of the number of businesses
conducted in such building.
(4) Pole signs of symbolical design shall be permitted for business
establishments, provided that:
A. No part of such sign shall project into the right of way of any street or
highway;
B. The maximum area of any face of such sign shall not exceed
forty-five square feet; and
C. The pole support of the sign shall not be less than fifty feet from any
lot in any "R" District.
(5) The area of all permanent advertising signs for any single business
enterprise may be equivalent to one and one-half square feet of sign area for each
linear foot of width of a building, or part of a building, occupied by such enterprise, but
shall not exceed a maximum area of 100 square feet. In computing the area of
free-standing or protruding signs, all faces on which advertising is displayed are
considered sign area.
(6) In any Business or Industrial District located adjacent to the interchange
of any expressway, interstate highway or limited access highway, one business
identification sign shall be permitted, in addition to any other signs hereinbefore
provided. Any such sign shall conform to the following:
A. The height of such a sign shall not exceed 100 feet;
B. The maximum area of any face of such a sign shall be 200 square
feet;
C. Such a sign shall contain only the name of the company, the service
provided or the use to which the property is being put, and in no event shall it contain
any other descriptive material; and
D. Such a sign shall be nonmovable and, if illuminated, must maintain
constant illumination and not flash.
(c) Setback Requirements. Except as provided above, signs and outdoor
advertising structures, where permitted, shall be set back from the established
right-of-way line of any street or highway at least as far as the required front yard
depth for a principal use in the district where such sign or outdoor advertising structure
is permitted, except for the following modifications:
(1) For every square foot by which such sign or outdoor advertising structure
exceeds eighty square feet, such setback shall be increased by one-half but need not
exceed 100 feet.
(2) At an intersection of any State or Federal highway with a major or
secondary street, the setback of any sign or outdoor advertising structure shall not be
less than 100 feet from the established right of way of each highway or street.
(3) Real estate signs and bulletin boards for a church, school or any other
public, semipublic, religious or educational institution may be erected not less than ten
feet from the established right-of-way line of any street or highway, provided that such
sign or bulletin board does not obstruct traffic visibility at street or highway
intersections.
(d) Special Yard Provisions. The following special provisions shall be observed in
the erection or placement of signs and outdoor advertising structures:
(1) No such sign or advertising structure shall be permitted which faces the
front or side lot line of any lot in any "R" District within 100 feet of such lot line, or which
faces any public parkway, public square or the entrance to any public park, public or
parochial school, library, church or similar institution within 300 feet thereof.
(2) Signs and advertising structures, where permitted, shall be erected or
placed in conformity with the side and rear yard requirements of the district in which
such signs or advertising structures are located, except that no sign or advertising
structure shall be erected or placed closer than within fifty feet from a side or rear lot
line in any "R" District.
(e) Illumination. The following provisions shall be observed in the illumination of
signs and advertising structures:
(1) All signs and advertising structures, except as hereinafter modified, may
be illuminated internally or by reflected light, provided that the source of light is not
directly visible and is so arranged as to reflect away from the adjoining premises, and
provided, further, that such illumination shall not be so placed as to cause confusion or
a hazard to traffic or conflict with traffic control signs or lights.
(2) No illumination involving movement or causing the illusion of movement by
reason of the lighting arrangement or other devices shall be permitted.
(f) Subdivision Signs. Upon application to the Zoning Inspector, a permit may be
issued as a special exception to the terms of this Zoning Code allowing a land-sales
sign, provided that:
(1) The sign shall not be illuminated;
(2) The sign shall advertise the sale or development of a recorded lot
subdivision;
(3) The sign shall be erected only upon the property for sale or being
developed;
(4) The sign shall not be in excess of forty square feet;
(5) Not more than one such sign shall be placed along one road frontage of
any property in single and separate ownership, and not more than two such signs shall
be permitted in any single development; and
(6) A permit for the erection, construction or alteration of such sign shall
expire within one year.
(g) Permits.
(1) A separate permit shall be required for the erection of signs regulated in
this Zoning Code, except that no permit shall be required for temporary real estate
signs with an area of twelve square feet or less, for the sale or lease of property, and
for small announcement signs with an area of less than four square feet.
Announcement signs, except those for professional and home occupations, shall be
removed by the person or persons responsible for posting the same within thirty days
after erection.
(2) Each application for a sign permit shall be accompanied by a drawing
showing the design proposed, the size, character and color of letters, lines and
symbols, the method of illumination, the exact location of the sign in relation to the
building and property, and the details and specifications for construction. A fee of ten
dollars ($10.00) shall accompany each application for a sign permit.
(h) Exemptions. Public notices, traffic control signs and other official signs and
notices are exempt from the provisions of this section.
(Ord. 1466. Passed 4-11-94.)
No sign shall be permitted in any district except as hereinafter provided.
(a) In general.
(1) A sign not exceeding twelve square feet in area and advertising the sale,
rental or lease of the premises on which the sign is located shall be permitted on any
property.
(2) Announcement or professional signs for home occupations and
professional activities, where permitted; shall not exceed two square feet in area in an
"R" District and not more than four square feet in other districts.
(3) Bulletin boards and signs for a church, school, community or other public
or semipublic institutional building shall be permitted, provided that the area for such
bulletin board or sign shall not exceed fifteen square feet in area.
(4) Wall signs pertaining to a nonconforming use shall be permitted on the
same premises of such use, provided that the area of such sign does not exceed
twenty square feet.
(5) No building wall shall be used for the display of advertising, except that
pertaining to the use carried on within such building.
(6) Temporary signs, not exceeding in the aggregate fifty square feet,
announcing special events, the erection of a building or the architect, builders,
contractors, etc., therefore, may be erected for a period of sixty days, plus the
construction period.
(7) No sign shall be placed in any public right of way, except publicly-owned
signs, such as traffic control signs and directional signs.
(8) Any existing sign removed op altered must conform to the provisions of
this Zoning Code.
(b) Signs in Business or Industrial Districts.
(1) In a Business or Industrial District, each business shall be permitted one
flat or wall sign. Projections of wall signs shall not exceed two feet measured from the
face of the main wall of the building.
(2) The area of all permanent advertising signs for any single business
enterprise shall be limited according to the widths of the building or part of building
occupied by such enterprise. For purposes of this paragraph, width shall be measured
along the building face that is parallel or most nearly parallel to the street line. In the
case of a corner lot, either frontage may be used in determining the maximum area of
the sign.
(3) Free-standing signs not over thirty feet in height, having a maximum total
sign area of 100 square feet and located not closer than ten feet from any street
right-of-way line and not closer than 100 feet from any adjoining lot line, may be
erected to serve a group of business establishments. There shall be only one
free-standing sign for each building, regardless of the number of businesses
conducted in such building.
(4) Pole signs of symbolical design shall be permitted for business
establishments, provided that:
A. No part of such sign shall project into the right of way of any street or
highway;
B. The maximum area of any face of such sign shall not exceed
forty-five square feet; and
C. The pole support of the sign shall not be less than fifty feet from any
lot in any "R" District.
(5) The area of all permanent advertising signs for any single business
enterprise may be equivalent to one and one-half square feet of sign area for each
linear foot of width of a building, or part of a building, occupied by such enterprise, but
shall not exceed a maximum area of 100 square feet. In computing the area of
free-standing or protruding signs, all faces on which advertising is displayed are
considered sign area.
(6) In any Business or Industrial District located adjacent to the interchange
of any expressway, interstate highway or limited access highway, one business
identification sign shall be permitted, in addition to any other signs hereinbefore
provided. Any such sign shall conform to the following:
A. The height of such a sign shall not exceed 100 feet;
B. The maximum area of any face of such a sign shall be 200 square
feet;
C. Such a sign shall contain only the name of the company, the service
provided or the use to which the property is being put, and in no event shall it contain
any other descriptive material; and
D. Such a sign shall be nonmovable and, if illuminated, must maintain
constant illumination and not flash.
(c) Setback Requirements. Except as provided above, signs and outdoor
advertising structures, where permitted, shall be set back from the established
right-of-way line of any street or highway at least as far as the required front yard
depth for a principal use in the district where such sign or outdoor advertising structure
is permitted, except for the following modifications:
(1) For every square foot by which such sign or outdoor advertising structure
exceeds eighty square feet, such setback shall be increased by one-half but need not
exceed 100 feet.
(2) At an intersection of any State or Federal highway with a major or
secondary street, the setback of any sign or outdoor advertising structure shall not be
less than 100 feet from the established right of way of each highway or street.
(3) Real estate signs and bulletin boards for a church, school or any other
public, semipublic, religious or educational institution may be erected not less than ten
feet from the established right-of-way line of any street or highway, provided that such
sign or bulletin board does not obstruct traffic visibility at street or highway
intersections.
(d) Special Yard Provisions. The following special provisions shall be observed in
the erection or placement of signs and outdoor advertising structures:
(1) No such sign or advertising structure shall be permitted which faces the
front or side lot line of any lot in any "R" District within 100 feet of such lot line, or which
faces any public parkway, public square or the entrance to any public park, public or
parochial school, library, church or similar institution within 300 feet thereof.
(2) Signs and advertising structures, where permitted, shall be erected or
placed in conformity with the side and rear yard requirements of the district in which
such signs or advertising structures are located, except that no sign or advertising
structure shall be erected or placed closer than within fifty feet from a side or rear lot
line in any "R" District.
(e) Illumination. The following provisions shall be observed in the illumination of
signs and advertising structures:
(1) All signs and advertising structures, except as hereinafter modified, may
be illuminated internally or by reflected light, provided that the source of light is not
directly visible and is so arranged as to reflect away from the adjoining premises, and
provided, further, that such illumination shall not be so placed as to cause confusion or
a hazard to traffic or conflict with traffic control signs or lights.
(2) No illumination involving movement or causing the illusion of movement by
reason of the lighting arrangement or other devices shall be permitted.
(f) Subdivision Signs. Upon application to the Zoning Inspector, a permit may be
issued as a special exception to the terms of this Zoning Code allowing a land-sales
sign, provided that:
(1) The sign shall not be illuminated;
(2) The sign shall advertise the sale or development of a recorded lot
subdivision;
(3) The sign shall be erected only upon the property for sale or being
developed;
(4) The sign shall not be in excess of forty square feet;
(5) Not more than one such sign shall be placed along one road frontage of
any property in single and separate ownership, and not more than two such signs shall
be permitted in any single development; and
(6) A permit for the erection, construction or alteration of such sign shall
expire within one year.
(g) Permits.
(1) A separate permit shall be required for the erection of signs regulated in
this Zoning Code, except that no permit shall be required for temporary real estate
signs with an area of twelve square feet or less, for the sale or lease of property, and
for small announcement signs with an area of less than four square feet.
Announcement signs, except those for professional and home occupations, shall be
removed by the person or persons responsible for posting the same within thirty days
after erection.
(2) Each application for a sign permit shall be accompanied by a drawing
showing the design proposed, the size, character and color of letters, lines and
symbols, the method of illumination, the exact location of the sign in relation to the
building and property, and the details and specifications for construction. A fee of ten
dollars ($10.00) shall accompany each application for a sign permit.
(h) Exemptions. Public notices, traffic control signs and other official signs and
notices are exempt from the provisions of this section.
(Ord. 1466. Passed 4-11-94.)
1174.03 MINERAL EXTRACTION, STORAGE AND PROCESSING.
The extraction, storage and processing of minerals, including the removal of sand,
gravel, clay and soils, shall be conducted in accordance with the following
requirements:
(a) Extraction, storage and processing of minerals of all types shall be permitted
only in S-1, A-1 and M-2 Districts, as specified in the use regulations of Chapter 1170.
(b) The performance requirements of Section 1174.01 shall be met.
(c) Mineral extraction, storage or processing shall not be conducted closer than
500 feet from any "R" District, nor closer than 200 feet from any structure used for
human occupancy in any other district.
(d) Buildings and structures for which no future use is contemplated and for which
no other acceptable use is practicable or feasible shall be demolished and removed.
(e) The operator shall file with the Zoning Inspector a location map which clearly
shows areas to be mined and the location of adjacent properties, roads and natural
features.
(f) The operator shall submit information on the anticipated depth of excavations
and on the depth of the existing water table and public utilities, and also on the
probable effect of such excavations on the existing water table, public utilities, roads
and surface drainage.
(g) The operator shall file with the Board of Zoning Appeals a detailed plan for the
restoration of the area to be mined, which shall include the anticipated future use of
the restored land, the proposed final topography indicated by contour lines of no
greater interval than five feet, the type and number per acre of trees or shrubs to be
planted and the location of future roads, drives, drainage courses or other
improvements contemplated.
(h) The operator shall file with Council a bond payable to the Municipality and
conditioned on the faithful performance of all requirements contained in the approved
restoration plan. The rate, per acre of property to be mined, of the required bond,
shall be as fixed by ordinance of Council. The bond shall be released upon written
certification of the Zoning Inspector that the restoration is complete and in compliance
with the restoration plan.
(Ord. 1466. Passed 4-11-94.)
The extraction, storage and processing of minerals, including the removal of sand,
gravel, clay and soils, shall be conducted in accordance with the following
requirements:
(a) Extraction, storage and processing of minerals of all types shall be permitted
only in S-1, A-1 and M-2 Districts, as specified in the use regulations of Chapter 1170.
(b) The performance requirements of Section 1174.01 shall be met.
(c) Mineral extraction, storage or processing shall not be conducted closer than
500 feet from any "R" District, nor closer than 200 feet from any structure used for
human occupancy in any other district.
(d) Buildings and structures for which no future use is contemplated and for which
no other acceptable use is practicable or feasible shall be demolished and removed.
(e) The operator shall file with the Zoning Inspector a location map which clearly
shows areas to be mined and the location of adjacent properties, roads and natural
features.
(f) The operator shall submit information on the anticipated depth of excavations
and on the depth of the existing water table and public utilities, and also on the
probable effect of such excavations on the existing water table, public utilities, roads
and surface drainage.
(g) The operator shall file with the Board of Zoning Appeals a detailed plan for the
restoration of the area to be mined, which shall include the anticipated future use of
the restored land, the proposed final topography indicated by contour lines of no
greater interval than five feet, the type and number per acre of trees or shrubs to be
planted and the location of future roads, drives, drainage courses or other
improvements contemplated.
(h) The operator shall file with Council a bond payable to the Municipality and
conditioned on the faithful performance of all requirements contained in the approved
restoration plan. The rate, per acre of property to be mined, of the required bond,
shall be as fixed by ordinance of Council. The bond shall be released upon written
certification of the Zoning Inspector that the restoration is complete and in compliance
with the restoration plan.
(Ord. 1466. Passed 4-11-94.)
1174.04 EXCAVATION OF FILL FOR HIGHWAY CONSTRUCTION.
Excavation of fill for highway construction outside highway rights of way shall be
permitted only in S-1 and A-1 Districts only after approval of Council is granted. The
construction contractor shall provide proof that the source of community water supply
shall not be adversely affected due to lowering the water table or contaminating the
supply before permission for excavation is given in S-1 and A-1 Districts. The
contractor shall also submit a plan and description as to the manner in which public
utilities, roads and surface drainage are to be restored in those instances where such
facilities are to be disturbed by the excavation.
(Ord. 1466. Passed 4-11-94.)
Excavation of fill for highway construction outside highway rights of way shall be
permitted only in S-1 and A-1 Districts only after approval of Council is granted. The
construction contractor shall provide proof that the source of community water supply
shall not be adversely affected due to lowering the water table or contaminating the
supply before permission for excavation is given in S-1 and A-1 Districts. The
contractor shall also submit a plan and description as to the manner in which public
utilities, roads and surface drainage are to be restored in those instances where such
facilities are to be disturbed by the excavation.
(Ord. 1466. Passed 4-11-94.)
1174.05 AUTOMOBILE WRECKING AND METAL SALVAGING, SALES AND
STORAGE FACILITIES.
(a) The dismantling or wrecking of automobiles or the salvaging of metal materials
for the sale or storage of the salvaged parts or material shall be permitted only in an
M-2 District, subject to approval of Council and after permission has been granted by
the Board of Zoning Appeals.
(b) Automobile wrecking and metal salvaging, sales and storage shall be
effectively screened on all sides by means of walls, fences or plantings. Walls or
fences shall be a minimum of eight feet in height with no advertising thereon. In lieu of
such wall or fence, a strip of land not less than fifteen feet in width and planted and
maintained with an evergreen hedge or dense planting of evergreen shrubs not less
than six feet in height may be substituted. Storage of materials shall not exceed the
height of the screening.
(Ord. 1466. Passed 4-11-94.)
STORAGE FACILITIES.
(a) The dismantling or wrecking of automobiles or the salvaging of metal materials
for the sale or storage of the salvaged parts or material shall be permitted only in an
M-2 District, subject to approval of Council and after permission has been granted by
the Board of Zoning Appeals.
(b) Automobile wrecking and metal salvaging, sales and storage shall be
effectively screened on all sides by means of walls, fences or plantings. Walls or
fences shall be a minimum of eight feet in height with no advertising thereon. In lieu of
such wall or fence, a strip of land not less than fifteen feet in width and planted and
maintained with an evergreen hedge or dense planting of evergreen shrubs not less
than six feet in height may be substituted. Storage of materials shall not exceed the
height of the screening.
(Ord. 1466. Passed 4-11-94.)
1174.06 TEMPORARY BUILDINGS AND CONSTRUCTION TRAILERS.
Temporary buildings and construction trailers used in conjunction with construction
work may be permitted in any district only during the period that construction work is in
progress, and such temporary buildings and construction trailers shall be removed
upon completion of the construction work.
(Ord. 1466. Passed 4-11-94.)
Temporary buildings and construction trailers used in conjunction with construction
work may be permitted in any district only during the period that construction work is in
progress, and such temporary buildings and construction trailers shall be removed
upon completion of the construction work.
(Ord. 1466. Passed 4-11-94.)
1174.07 OPEN STORAGE AND DISPLAY OF MATERIAL AND EQUIPMENT.
(a) The open storage and display of material and equipment incident to permitted
or conditional uses in a "B" or "I" District shall be permitted, provided that the area
used for open storage and display shall be effectively screened from all adjoining
properties in any "R" District by means of walls, fences or plantings. Walls or fences
shall be a minimum of four feet in height without advertising thereon. In lieu of such a
wall or fence, a strip of land not less than ten feet in width and planted and maintained
with an evergreen hedge or dense planting of evergreen shrubs not less than four feet
in height at the time of planting may be substituted.
(b) The temporary open storage of a contractor's equipment and material shall be
permitted on the site upon which buildings or structures are being erected or installed
for the duration of the construction period. Storage of such equipment and material
beyond the date of completion of the project shall be subject to a special permit
authorized by the Board of Zoning Appeals.
(Ord. 1466. Passed 4-11-94.)
(a) The open storage and display of material and equipment incident to permitted
or conditional uses in a "B" or "I" District shall be permitted, provided that the area
used for open storage and display shall be effectively screened from all adjoining
properties in any "R" District by means of walls, fences or plantings. Walls or fences
shall be a minimum of four feet in height without advertising thereon. In lieu of such a
wall or fence, a strip of land not less than ten feet in width and planted and maintained
with an evergreen hedge or dense planting of evergreen shrubs not less than four feet
in height at the time of planting may be substituted.
(b) The temporary open storage of a contractor's equipment and material shall be
permitted on the site upon which buildings or structures are being erected or installed
for the duration of the construction period. Storage of such equipment and material
beyond the date of completion of the project shall be subject to a special permit
authorized by the Board of Zoning Appeals.
(Ord. 1466. Passed 4-11-94.)
1174.08 SITE PLAN REVIEW FOR COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS.
Site plans for the development of commercial and industrial projects which are likely
to generate traffic to such a degree as to seriously interfere with the movement of
existing and future traffic on the thoroughfares providing access to the property to be
developed shall be submitted to the Planning Commission for review and approval
prior to the issuance of a zoning certificate. The Commission may, at its discretion,
submit the site plan to the County Regional Planning Commission for recommendation
and report. Submission of site plans for the development of commercial and industrial
projects shall be acted upon within sixty days of the date of submission to the
Municipal Planning Commission.
(Ord. 1466. Passed 4-11-94.)
DEVELOPMENTS.
Site plans for the development of commercial and industrial projects which are likely
to generate traffic to such a degree as to seriously interfere with the movement of
existing and future traffic on the thoroughfares providing access to the property to be
developed shall be submitted to the Planning Commission for review and approval
prior to the issuance of a zoning certificate. The Commission may, at its discretion,
submit the site plan to the County Regional Planning Commission for recommendation
and report. Submission of site plans for the development of commercial and industrial
projects shall be acted upon within sixty days of the date of submission to the
Municipal Planning Commission.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1176
Nonconforming Uses
1176.01 Lawful nonconformity.
1176.02 Nonconformity due to amendments.
1176.03 Discontinued uses.
1176.04 Restoration of damaged structures.
1176.05 Mobile homes.
1176.06 Conditional uses not to be considered nonconforming.
1176.07 Incomplete buildings.
1176.08 Zoning certificates for nonconforming uses.
Nonconforming Uses
1176.01 Lawful nonconformity.
1176.02 Nonconformity due to amendments.
1176.03 Discontinued uses.
1176.04 Restoration of damaged structures.
1176.05 Mobile homes.
1176.06 Conditional uses not to be considered nonconforming.
1176.07 Incomplete buildings.
1176.08 Zoning certificates for nonconforming uses.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C.
713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage
of lot occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see
Ohio R.C. 713.10
Zoning certificates for nonconforming uses - see P. & Z. 1162.06
Duties of Board of Zoning Appeals re nonconforming uses - see P. & Z. 1164.08
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C.
713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage
of lot occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see
Ohio R.C. 713.10
Zoning certificates for nonconforming uses - see P. & Z. 1162.06
Duties of Board of Zoning Appeals re nonconforming uses - see P. & Z. 1164.08
1176.01 LAWFUL NONCONFORMITY.
Any lawful use of buildings or land existing on the effective date of this Zoning Code
may be continued, even though such use does not conform to the provisions of this
Zoning Code. The nonconforming use of a building may be extended throughout those
existing parts of the building which were arranged or designed for such use. No
nonconforming building or structure shall be moved, extended, enlarged or altered,
and no nonconforming use of land shall be expanded, except when authorized by the
Board of Zoning Appeals in accordance with the provisions of Chapter 1164.
(Ord. 1466. Passed 4-11-94.)
Any lawful use of buildings or land existing on the effective date of this Zoning Code
may be continued, even though such use does not conform to the provisions of this
Zoning Code. The nonconforming use of a building may be extended throughout those
existing parts of the building which were arranged or designed for such use. No
nonconforming building or structure shall be moved, extended, enlarged or altered,
and no nonconforming use of land shall be expanded, except when authorized by the
Board of Zoning Appeals in accordance with the provisions of Chapter 1164.
(Ord. 1466. Passed 4-11-94.)
1176.02 NONCONFORMITY DUE TO AMENDMENTS.
Whenever the use of a building or land becomes nonconforming through a change
in this Zoning Code or in the district boundaries, such use may be continued.
(Ord. 1466. Passed 4-11-94.)
Whenever the use of a building or land becomes nonconforming through a change
in this Zoning Code or in the district boundaries, such use may be continued.
(Ord. 1466. Passed 4-11-94.)
1176.03 DISCONTINUED USES.
(a) A nonconforming use which is discontinued for a year or more shall not again
be used except in conformity with the provisions of this Zoning Code.
(b) A nonconforming use which is discontinued for less than a year may again be
used as a conforming use or another nonconforming use of the same or of a more
restricted classification, provided that any nonconforming use shall otherwise be in
conformity with the provisions of this Zoning Code.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1679.
Passed 11-27-2001.)
(a) A nonconforming use which is discontinued for a year or more shall not again
be used except in conformity with the provisions of this Zoning Code.
(b) A nonconforming use which is discontinued for less than a year may again be
used as a conforming use or another nonconforming use of the same or of a more
restricted classification, provided that any nonconforming use shall otherwise be in
conformity with the provisions of this Zoning Code.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1679.
Passed 11-27-2001.)
1176.04 RESTORATION OF DAMAGED STRUCTURES.
A nonconforming use which has been damaged by fire, explosion, act of God or the
public enemy to the extent of sixty percent or more 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 to the extent of less than sixty percent of its
reproduction value, a nonconforming use may be repaired or reconstructed, and used
as before the time of damage, provided that such repairs or reconstruction are started
within one year of the date of such damage. A nonconforming use which exists in an
isolated location in an A-1 District shall be exempt from the restoration restrictions of
this section.
(Ord. 1466. Passed 4-11-94.)
A nonconforming use which has been damaged by fire, explosion, act of God or the
public enemy to the extent of sixty percent or more 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 to the extent of less than sixty percent of its
reproduction value, a nonconforming use may be repaired or reconstructed, and used
as before the time of damage, provided that such repairs or reconstruction are started
within one year of the date of such damage. A nonconforming use which exists in an
isolated location in an A-1 District shall be exempt from the restoration restrictions of
this section.
(Ord. 1466. Passed 4-11-94.)
1176.05 MOBILE HOMES.
Nonconforming trailers or mobile homes located on a lot in any district, other than in
an established mobile home park in an R-3 District, once removed, shall not be located
on such lot unless the unit was traded-in for another unit. In this instance, the
replacement shall be on site within thirty days of the removal of the previous unit.
(Ord. 1466. Passed 4-11-94.)
Nonconforming trailers or mobile homes located on a lot in any district, other than in
an established mobile home park in an R-3 District, once removed, shall not be located
on such lot unless the unit was traded-in for another unit. In this instance, the
replacement shall be on site within thirty days of the removal of the previous unit.
(Ord. 1466. Passed 4-11-94.)
1176.06 CONDITIONAL USES NOT TO BE CONSIDERED NONCONFORMING.
It is not the intention of this chapter to classify as nonconforming a use or building
allowed in a district as a conditional use under the regulations of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
1176.07 INCOMPLETE BUILDINGS.
Any building arranged, intended or designed for a nonconforming use, the
construction of which has been started at the time of the passage of this Zoning Code
but not completed, may be completed and put into such nonconforming use, provided
it is done within one year after this Zoning Code takes effect.
(Ord. 1466. Passed 4-11-94.)
1176.08 ZONING CERTIFICATES FOR NONCONFORMING USES.
A zoning certificate shall be required for all lawful nonconforming uses of land and
buildings created by the adoption of this Zoning Code in accordance with the
provisions of Section 1162.06.
(Ord. 1466. Passed 4-11-94.)
It is not the intention of this chapter to classify as nonconforming a use or building
allowed in a district as a conditional use under the regulations of this Zoning Code.
(Ord. 1466. Passed 4-11-94.)
1176.07 INCOMPLETE BUILDINGS.
Any building arranged, intended or designed for a nonconforming use, the
construction of which has been started at the time of the passage of this Zoning Code
but not completed, may be completed and put into such nonconforming use, provided
it is done within one year after this Zoning Code takes effect.
(Ord. 1466. Passed 4-11-94.)
1176.08 ZONING CERTIFICATES FOR NONCONFORMING USES.
A zoning certificate shall be required for all lawful nonconforming uses of land and
buildings created by the adoption of this Zoning Code in accordance with the
provisions of Section 1162.06.
(Ord. 1466. Passed 4-11-94.)
CHAPTER 1178
Minimum Dimensional Requirements
1178.01 Basic yard, area and height requirements for dwellings and
accessory structures.
1178.02 Floor area requirements for dwellings.
1178.03 Basic yard, area, lot coverage and height requirements for all
buildings other than dwellings.
1178.04 Side and rear yard requirements for nonresidential uses abutting
Residential Districts.
1178.05 Height regulations for institutional, office, industrial and apartment
buildings and structures.
1178.06 Existing lots of record not meeting minimum area and width
requirements.
1178.07 Architectural projections.
1178.08 Setback of buildings on principal streets and highways.
1178.09 Special yard requirements.
1178.10 Traffic visibility across corner lots.
Minimum Dimensional Requirements
1178.01 Basic yard, area and height requirements for dwellings and
accessory structures.
1178.02 Floor area requirements for dwellings.
1178.03 Basic yard, area, lot coverage and height requirements for all
buildings other than dwellings.
1178.04 Side and rear yard requirements for nonresidential uses abutting
Residential Districts.
1178.05 Height regulations for institutional, office, industrial and apartment
buildings and structures.
1178.06 Existing lots of record not meeting minimum area and width
requirements.
1178.07 Architectural projections.
1178.08 Setback of buildings on principal streets and highways.
1178.09 Special yard requirements.
1178.10 Traffic visibility across corner lots.
CROSS REFERENCES
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R. C.
713.10
Area requirements for planned unit developments - see P. & Z. 1180.02
Setbacks for off-street parking areas - see P. & Z. 1182.02(b)
Division of municipal corporations into zones - see Ohio R.C. 713.06
Restrictions on buildings, structures, lots and setbacks - see Ohio R.C. 713.07 et seq.
Restrictions on height of buildings and structures - see Ohio R.C. 713.08
Restrictions on bulk and location of buildings and structures, percentage of lot
occupancy and setback building lines - see Ohio R.C. 713.09
Basis of districting or zoning; classification of buildings and structures - see Ohio R. C.
713.10
Area requirements for planned unit developments - see P. & Z. 1180.02
Setbacks for off-street parking areas - see P. & Z. 1182.02(b)
1178.01 BASIC YARD, AREA AND HEIGHT REQUIREMENTS FOR DWELLINGS AND
ACCESSORY STRUCTURES.
The following schedule establishes yard, area and height requirements for
dwellings and structures accessory to dwellings by district:
ACCESSORY STRUCTURES.
The following schedule establishes yard, area and height requirements for
dwellings and structures accessory to dwellings by district:
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* Larger front yards are required on certain streets and highways. (See text, Section
1178.08)
(Ord. 1466. Passed 4-11-94.)
1178.08)
(Ord. 1466. Passed 4-11-94.)
1178.02 FLOOR AREA REQUIREMENTS FOR DWELLINGS.
The floor area per family in dwellings erected on any lot shall not be less than that
established by the following table. In determining floor area, only area used for living
quarters shall be counted. Utility rooms, garages, carports, porches, laundry areas,
heater-rooms and basements are to be excluded.
The floor area per family in dwellings erected on any lot shall not be less than that
established by the following table. In determining floor area, only area used for living
quarters shall be counted. Utility rooms, garages, carports, porches, laundry areas,
heater-rooms and basements are to be excluded.
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(Ord. 1466. Passed 4-11-94.)
1178.03 BASIC YARD, AREA, LOT COVERAGE AND HEIGHT REQUIREMENTS FOR
ALL BUILDINGS OTHER THAN DWELLINGS.
The following table establishes the yard, area, lot coverage and height
requirements for all buildings, except dwellings and structures accessory to dwellings,
by district:
ALL BUILDINGS OTHER THAN DWELLINGS.
The following table establishes the yard, area, lot coverage and height
requirements for all buildings, except dwellings and structures accessory to dwellings,
by district:
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(Ord. 1466. Passed 4-11-94.)
1178.04 SIDE AND REAR YARD REQUIREMENTS FOR NONRESIDENTIAL USES
ABUTTING RESIDENTIAL DISTRICTS.
(a) Minimum Yard Requirements. Business and industrial buildings or uses shall
not be located or conducted closer to any lot line of an “R” District than the distance
specified in the following schedule, except as provided in division (b) hereof:
Minimum Yard Abutting Any “R” District (ft.)
ABUTTING RESIDENTIAL DISTRICTS.
(a) Minimum Yard Requirements. Business and industrial buildings or uses shall
not be located or conducted closer to any lot line of an “R” District than the distance
specified in the following schedule, except as provided in division (b) hereof:
Minimum Yard Abutting Any “R” District (ft.)
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