WEST UNION VILLAGE ORDINANCE ZONING

Transcription

1 Section 01: General Interpretation Clause WEST UNION VILLAGE ORDINANCE ZONING Unless a contrary intention clearly appears, the following words and phrases shall have the purpose of this zoning ordinance the meanings given in the following clauses. Section 02: General Terms For the purposes of this Ordinance, certain terms or words used herein shall be interpretive as follows: 1. The word person includes a firm, association, organization, partnership, trust, Corporation, as well as an individual. 2. The present tense includes the future tense; the singular number includes the plural, and the plural number includes the singular. 3. The word shall be mandatory; the word may be permissive. 4. The words used or occupied include the words intended, designed or arranged to be used or occupied. 5. The word lot includes the words plot or parcel. Section 03: Definitions 1. Accessory structure: means a structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure and that is not suitable for human habitation. 2. Building: is any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. 3. Dwelling: is a building or a portion thereof designed or used exclusively for residential occupancy; including single-family dwellings, I two-family dwellings and multifamily dwellings but not including hotels or motels. 4. Junk yard: a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including but not limited to, auto wrecking yards, storage of salvaged materials incidental to manufacturing operations conducted on the same lot. The Mayor and the Village Police Department will enforce the Ohio Revised Code. 5. Lot: is a parcel of land occupied, or to be occupied, by a main building or a group of such buildings and accessory buildings, or utilized for the principle use and uses accessory thereto, together with such open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records. 6. Lot area: is the total horizontal area within the lot lines of the lot. 7. Lot coverage: is the part or percent of the lot occupied by buildings, including accessory buildings v2

2 8. Lot depth: is the horizontal distance between the front and rear lines, measured along the median between the side lot lines. 9. Lot interior: is any lot other than a corner lot. 10. Lot lines: the lines bounding a lot as defined herein: a. Front lot lines: in the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot, or a double frontage lot, is that line separating said lot from the street, which is designated as the front street in the plat and in the application for a certificate of compliance. b. Rear yard: is an open space extending the full width of the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. c. Is any lot line other than the front lot line or rear lot line. A side lot line separating a lot from another lot or lots in an interior side lot line. 11. Lot width: is the horizontal distance between the side lot lines, measured at the two points where the building line, or setback intersects the side lot lines. 12. Manufactured home: means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. It includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. 13. Non-conforming uses: is a use in which a lawfully occupied building or land, at the effective date of this Ordinance or amendments thereto, does not conform to the use regulations of the district in which it is located. 14. Yards: the open spaces on the same lot with a main building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Ordinance and defined herein. a. Front yard: is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building. b. Rear yard: is an open space extending the full width of the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. 15. Casual sale: an auction, garage sale or other occasional sale event that is not usually conducted on the premises. 16. Zoning Inspector: must be or have been a Fire Chief Registered Sanitarian or Ohio Licensed Inspector. Section 04: Application of Regulations for: 1. Residential Housing: The regulations set by this Ordinance within the Village of West Union shall be minimum regulations and shall apply uniformity to each class or kind of structure or land, and particularly, except as hereinafter provided: v2

3 a. Without a building permit, no building structure, land or part thereof, shall hereafter be used, occupied, erected, constructed, reconstructed, moved, or structurally altered except for the general upkeep such as painting, roof repairs, siding, windows and screened-in porches. b. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of the yard, open space, or off street parking or loading space similarly required for any other building. c. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth in this paragraph. Minimum lot size shall be as follows: 20 foot frontage from road edge to front of building shall be required with a minimum of 7500 square feet total. d. Solid waste shall be collected weekly. e. Building foundations shall be a minimum of 10 feet from side and rear lot line excluding driveways or walkways. f. All residential dwellings shall be a minimum six hundred (600) square feet of living space not including porches, patios and screened in porches. g. Any structure that is destroyed or razed by an act such as fire, storm, tornado, or collapse shall be permitted to be rebuilt at the same location and at the same size as an exception to the regulations. h. Any residence or business existing at the time of the passage of this Ordinance may be rebuilt on the same site provided the new structure is not greater in size than the original structure. RESIDENTIAL HOUSING REGULATIONS This regulation enables the Village of West Union and the Zoning Board to adopt regulations governing plats and subdivisions of land within their jurisdiction. Purpose These regulations are adopted to secure and provide for: a. The proper arrangement of streets or highways in relation to existing or planned streets or highways or to the general plans of the various subdivisions of the Village. b. Adequate and convenient open spaces for traffic, sewer and water, access of firefighting apparatus, and recreation. c. The avoidance of congestion of population. d. The establishment of standards for the construction of any and all improvements as required. Jurisdiction These regulations shall be applicable to all subdivisions of land as hereinafter set forth: a. The subdivision of land located in the Village of West Union v2

4 Interpretation The provisions of these regulations shall be minimum requirements. Whenever these provisions are different from the requirements of other lawfully adopted regulations or private deed restrictions, the more restrictive rule or higher standard shall prevail. 2. Manufactured Home Parks, Sales and Set-ups a. All manufactured home parks, sales and set-ups shall comply with Chapter 3733 of the Ohio Revised Code and shall be licensed by the Adams County Board of Health plus meet the minimum standards set forth in this Ordinance. b. All manufactured home sales shall comply with the Ohio Revised Code. 3. Manufactured Home, Underpinning and Skirting As of the effective date of this Ordinance, all mobile homes installed in the village of West Union shall be required to meet the following standards: a. Have not been previously in flood waters. b. Be placed on concrete footers or pads. c. The underpinning or skirting shall be of a vinyl vertical siding or standard vinyl manufactured home skirting, or aluminum, or steel, or concrete block. It shall be fastened to the manufactured home and ground in such a manner as to prevent movement under normal weather conditions. d. All mobile homes shall be properly anchored. e. Prior to placement of any mobile home within the village limits, the owner shall apply for appropriate development permits from the Village Clerk in accordance with Section 9 of this Ordinance. 4. Multiple Dwellings, i.e., Residential Apartments, Apartment Houses, Condominiums and/or Multiple Dwellings Residential apartments, apartment houses, condominiums and/or multiple dwellings, where permitted in this Zoning Ordnance, shall be subject to the following conditions: a. Site Plan Specification. Applications for residential apartments, apartment houses, condominiums and/or multiple dwellings shall require the submission of a site development plan to the Zoning Board. Such plan or plans, as submitted to the Zoning Board, are required to show all structures, roadways, pathways, parking areas, recreational areas, exterior lighting installations, and landscaping of the site, all existing structures (if any), and usages within 200 feet of the site boundaries. b. Site Plan Approval. Before approving the site plan, the Zoning Board shall make findings with respect to the following: 1. Traffic access. All proposed site traffic access ways are adequate, but not excessive, in number, width, alignment and visibility v2

5 Section 05: Special Uses 2. Circulation and parking. The interior circulation system shall be adequate and all required parking spaces shall be provided and easily accessible. 3. Public utilities. The proposed site shall be provided with adequate public water and public sewerage disposal facilities. Street lights shall be provided for security and safety purposes. 4. Proper landscaping. The proposed site shall be properly landscaped. Where adjacent land use dictates, screening and buffer zones may be required. 5. Height and bulk requirements. There shall be a minimum rear yard of not less than 30 feet in depth and a minimum front yard of not less than 20 feet from the edge of the road in depth on every lot. 6. Density. The housing density of residential apartments, apartment houses, condominiums and/or multiple dwellings shall not exceed six dwellings per acre of land, excluding land required for open space. 7. Two paved off-street parking spaces shall be provided for each apartment/condominium, excluding garage space. 8. Adequate space for recreational facilities/activities shall be provided. Special uses shall be permitted only upon authorization by the Zoning Board, providing that such uses shall be found by the Zoning Board to comply with the following requirements and other applicable requirements as set forth in this Ordinance. 1. That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected. 2. That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. 3. That the use will be compatible with adjoining development and the proposed character of the area where it is to be located. 4. That adequate landscaping is provided as required. 5. That adequate off-street parking and loading is provided as required. 6. That the use conforms with all applicable regulations governing the area where located, (except as may otherwise be determined for planned unit developments). Section 06: Non-Conforming Uses of Land Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under these terms of the Ordinance, as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. ENLARGEMENT: no such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance. 2. REPLACEMENT ON THE LOT: no such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance v2

6 3. DISCONTINUANCE: if any such non-conforming use shall be voluntarily discontinued for two years or more, any subsequent use of land shall conform to the regulations specified by this Ordinance. Section 07: Non-Conforming Structures this Where a lawful structure exists at the effective date of adoption or amendment of Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on the area, lot, coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. ENLARGEMENT: no such structure shall be enlarged or altered in a way which increases its non-conformity. 2. MOVEMENT: should such structure be moved for any reason, from any distance whatever, it shall thereafter conform to the regulations of the village. 3. DISCONTINUANCE OF NON-CONFORMING STRUCTURES: when a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned, the structure or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the village. A nonconforming use shall be considered discontinued or abandoned when the intent of the owner to discontinue the use is apparent or when the characteristic equipment and the furnishings of the non-confirming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the non-conforming uses, or when it has been replaced by a conforming use, or when it has been changed to another use under permit from the Zoning Board. Section 8: Variance The Zoning Board may, in individual cases, after public notice and notice to such persons as it deems immediately affected, and after hearing in accordance with such notices, and subject to such conditions and safeguards as it may establish, permit exceptions to and variations from the regulations established by this ordinance as follows: 1. Permit such modifications of the yard of a lot area or width regulation as may be necessary to secure the appropriate improvements of a parcel of land that is too small to be appropriately improved without such modification, which parcel was separately owned at the time of passage of this Ordinance or is adjacent to buildings that do not conform to the general restrictions applicable to their location. Section 9: Fences and Walls All fences and walls must comply with the provisions of this section, and other applicable provisions of the zoning code, and any applicable provisions of the Village Code v2

7 1. General. Fences and walls are permitted in all zoning districts and may be required for specific uses or as buffering between certain uses. 2. Maximum Height. In any front, corner side yard or corner rear yard the maximum height of any fence or wall may not exceed six (6) feet in residential yards. EXCEPTION: fences and walls used as parking lot screening may have a height of eight (8) feet. 3. Entry Gateway. An entry gateway, trellis or other entry structure may be permitted in the required front yard provided the maximum height and width each do not exceed ten (10) feet. 4. Fences With Retaining Walls. A combination wall or fence on top of a retaining wall may be erected. The retaining wall portion may be erected up to a level of the higher finished grade. The fence or wall portion must comply with the requirement of subsection (2) above. 5. Driveway Visibility. All fences are subject to the driveway visibility requirements. Setback from edge of road will be not less than ten (10) feet. 6. Decks and Railings. Within the limits of a rear yard in a residential district, decks and railings for above ground swimming pools may be up to eight feet above grade and located at least five (5) feet from all property lines. Section 10: Development Permit Required Before constructing, changing the use of, or altering any building, including accessory buildings, or changing the use of any premises, application shall be made to the Village Clerk for a Development Permit. The application shall include the following information: 1. A plot plan drawn to scale showing the exact dimensions of the lot to be built upon; 2. The location, dimensions and height, of the structures to be erected; 3. The intended use; 4. The proposed number of sleeping rooms, dwelling units, occupants, employees and other uses; 5. The yard, open areas and parking space dimensions; 6. Any other pertinent data as may be necessary to determine and provide for the enforcement of this Ordinance. 7. All applications for a Development Permit shall be accompanied by payment of twenty-five dollars ($25.00) and no Development Permit will be processed until said application fee has been received. Within ten (10) working days after the receipt of application, the Zoning Inspector shall issue a Development Permit if the application complies with the requirements of this Ordinance and the application is accompanied by the appropriate fee(s). The Development Permit shall become void at the expiration of one year after date of issuance, unless construction is started. If no construction is started or use changed within one year of the date of the permit, a new permit is required upon proper application. Completion of the project shall be within two (2) years of issuance of permit. Section 11: Payment of Zoning Inspector Fees v2

8 The Council of the Village of West Union shall approve the Zoning Inspector and the applicant shall pay the fees for services rendered by the Inspector. 1. During the construction, there should be a minimum of three (3) inspections, one of which will be a final inspection upon completion. The inspections should ensure land and surroundings conform to specifications applied for in the permit, ensure electrical wiring and plumbing meet standards, and ensure the permits applied for and health standards are met. 2. Fee for each inspection shall not exceed twenty-five dollars ($25.00) per building for each time inspected. 3. Miscellaneous or all other expenses for inspector may be paid by the Village. A list of approved inspectors shall be kept in the Village Clerk s Office. Section 12: Violations Buildings erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Ordinance is declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this ordinance, which are observed by any village official, shall be reported to the Zoning Inspector. The Zoning Inspector shall inspect alleged violation and shall, in writing, order correction of all conditions, which are found to be in violation of this Ordinance. Such order shall be issued to the owner of the property upon which the violation is found to exist by certified mail by the Zoning Inspector. The owner of the property shall have a period of sixty (60) days from the date of the mailing to remedy the violation. The notice to the owner of the property shall clearly indicate that no further action will be taken by the Village of West Union, Ohio, if said violation is corrected within sixty (60) said days from the date of the mailing and advising the owner that the owner has fifteen (15) days from the date of the mailing to file an appeal with the Zoning Board. All violations shall be corrected within a period of sixty (60) days after the written order is issued or for a longer period of time as indicated by the Zoning Inspector in a written order. Any violations not corrected within the specified period of time shall be reported to the Village of West Union s Solicitor who shall initiate prosecution procedures. The owner or owners of any building or premises or part thereof where anything in violation of the Ordinance shall be placed or shall exist, and any tenant or occupant of such building or premises, and any other architect, builder, or contractor who shall assist in the commission of any such violation, and any person who shall violate any of this Ordinance shall be deemed guilty of a misdemeanor of the third degree and upon conviction thereof, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day such violation or failure to comply shall constitute a separate offense. Section 13: Authority The Zoning Board is authorized to act as the administrative board as provided in Section of the Ohio Revised Code, and shall have all the powers and duties prescribed by law and v2

9 by this Ordinance. Section of the Ohio Revised Code is incorporated into this Ordinance as from time to time amended by the Ohio Legislature. Section 14: Organization The Zoning Board shall consist of five members, of which two shall be members of the Village of West Union Council and three members of the community. The Zoning Board shall elect a chairman from that membership, shall appoint a clerk, and shall prescribe rules for the conduct of its affairs. Said members shall be appointed by the Mayor and approved by the council. Section 15: Quorum The Zoning Board shall require a quorum of three members at all meetings, and a concurring vote of three members shall be necessary to effect an order. Section 16: Meetings The Zoning Board shall meet the first Thursday of each quarter. Additional meetings may be called by the Chairman of the Board or two other members of the Board as needed. Members of the Zoning Board shall be paid Twenty-five ($25.00) per meeting for up to twenty (20) meetings per calendar year, when it is legally permitted. Section 17: Witnesses The Zoning Board Chairman or Acting Chairman shall administer oaths and compel the attendance of witnesses in all matters coming under the preview of the Ordinance. Section 18: Powers and Duties The following shall be the powers and duties of the Zoning Board: the Zoning Board shall hear and determine all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of this Ordinance. Thereafter proper zoning certificates may be issued. Section 19: Procedure The Zoning Board shall act in accordance with the procedure specified by law including this Ordinance. All appeals and applications made to the Zoning Board shall be in writing and on the forms prescribed therefore. Every appeal or application shall refer to the specified provision of the Ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted or as the case may be. Every decision of the Zoning Board shall be by resolution, each of which shall contain a full record of the findings of the Zoning Board by case number under one or another of the following headings: Interpretations; Exceptions; Variances, together with all documents pertaining thereto. In the event that the Zoning Board will find it necessary to draw upon any planning, legal, engineering, v2

10 or any other expert testimony, such cost incurred shall be charged to the applicant or person making the appeal in addition to other costs provided to be paid herein. Section 20: Notice of Hearings When notice of appeal has been filed in the proper form with the Zoning Board, the Secretary shall immediately place the said request for appeal upon the calendar for a hearing, and shall cause notices stating the time, place, and object of the hearing to be published in a newspaper of general circulation in the Village of West Union at least thirty (30) days prior to the date set for the hearing. In addition to any cost deposit otherwise required to be deposited upon filing of the appeal or application, the applicant or person making the appeal shall pay all cost of publication. Section 21: Appeals Appeals to the Zoning Board may be taken by any person, firm or corporation or by any officer, board or department of the Village of West Union deeming himself or itself to be adversely affected by the decision of the administrative official pertaining hereto. Appeals shall be made no later than fifteen (15) calendar days after the date of any adverse decision. The appellant shall post security for the cost, in an amount not less than two hundred dollars ($200.00), to cover all costs of all actions required for the hearing of the appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative officer whose decision is appealed from shall certify to the Zoning Board after the notice of appeal has been filed, that by reason of imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Zoning Board or by a court having lawful jurisdiction. Within its powers, the Zoning Board may reverse or affirm, wholly or in part or modify the order, requirement, decision, or determination as its opinion ought to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may issue or direct the issuance of a permit or certificate. The Zoning Board shall decide all such appeals within ninety (90) days after the date of the hearing except that such time may be extended by mutual comment. Section 22: Amendments The Council of the Village of West Union may, from time to time, amend the regulations set forth in this Ordinance for no such amendment shall become effective unless the Ordinance proposing same shall first be submitted in writing by the clerk of the Council to the Zoning Board for approval, disapproval, or recommended modifications, said board shall have been allowed a reasonable time, not less than thirty (30) days, and not more than sixty (60) days, for consideration and report. The Council shall hold a public hearing before the adoption of the proposed amendment. At least thirty (30) days notice of such amendment and of the time and place of the hearing thereon shall be given, and including a statement that opportunity will be afforded to any person interested to be heard. Any person or persons desiring an amendment of the zoning map shall accompany the petition for such amendment, or the Ordinance introduced for this purpose, with a statement giving the names and addresses of the owners of all properties lying within one thousand (1,000) feet of any part of the property, the zoning of which would be changed by the proposed amendment if enacted. All applications for zoning amendment shall include: v2

11 1. Evidence that the existing Zoning Ordinance is unreasonable with respect to the particular property, and it denies the property owner of his lawful and reasonable use of the land and/or; 2. Evidence that the proposed amendment would materialize in an equal or better zoning Ordinance than the existing; 3. For the purpose of this zoning Ordinance, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning; 4. Any application for an amendment to this zoning Ordinance shall include a fee of Fifty ($50.00) dollars. This fee does not apply to any amendment introduced by a member of the Zoning Board, the Council or the Mayor; Section 23: Validity and Separability It is hereby declared to be the legislative intent, that, if any provision or provisions of this Ordinance, or the application thereof to any zoning lot, building or any other structure to tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, the effect of such a decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building, or other structure, or tract of land immediately involved in the controversy. All other provisions of this resolution shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. Passed this 24th day of July, v2