SECTION SIX: Chapter 1115.02 of the City of Zanesville' s Planning and Zoning Code is 1115.02 APPROVAL PROCESS. Variances shall be approved only in conformance with the approval process provided in Chapter 1113 and the approval criteria in Table 4, Section 1115.06. Minor variances may be reviewed and approved by the Planning & Zoning Administrator or referred to the Board of Zoning Appeals for cause. SECTION SEVEN: Chapter 1115.04 of the City of Zanesville' s Planning and Zoning Code is 1115.04 MINOR VARIANCES. The purpose of minor variance procedures is to reduce the time and expense to applicants obtaining approval of simple variances that are likely to have minimal adverse impact. The fee owner, contract purchaser or option holder of one parcel or lot that wishes to request a variance for that property may apply under minor variance procedures. Filing submissions shall be as determined on a case-by-case basis by the Planning & Zoning Administrator and may be less than required for other variances in Table 1, Section 1113.13. The Planning & Zoning Administrator may refer any Minor variance to the Board of Zoning Appeals for cause. Minor variance procedures shall not apply to an application involving more than one residential dwelling or more than one commercial parcel. The applicant has the right to appeal a Minor Variance decision to the Board of Zoning Appeals. SECTION EIGHT: Chapter 1115.06 of the City of Zanesville's Planning and Zoning Code is 1115.06 TABLE 4: APPROVAL CRITERIA FOR VARIANCES. In granting approval or conditional approval of a variance, the Board of Zoning Appeals shall prepare written fmdings offact that all of the conditions below apply to the application: I. Special Circumstances Not Found Elsewhere. Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide, in the form of an amendment to this Code, a general regulation to cover them. 2. Circumstances Relate to the Property Only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography or so~l conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property.
3. Unnecessary Hardship. For reasons fully set forth in the written findings, the literal application of the provisions of this Zoning Code would result in unnecessary and undue hardship or practical difficulties for the applicant, as distinguished from mere inconvenience. 4. Not Resulting from Applicant Action. The special circumstances, practical difficulties or hardship that are the basis for the variance have not resulted from any act, undertaken subsequent to the adoption of this Code or any applicable amendment thereto, of the applicant or of any other party with a present interest in the property, such as knowingly authorizing or proceeding with construction or development requiring any variance, permit or approval hereunder prior to obtaining such variance, permit or approval. 5. Preserves Rights Conferred by District. A variance is necessary for the applicant to enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property. The granting of a variance is necessary not because it shall increase the applicant's economic return, although it may have this effect, but because without a variance the applicant shall be deprived of reasonable use or enjoyment of, or reasonable economic return from, the property. 7. Not Alter Local Character. The granting of the variance shall not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. Consistent With Code and Plan. The granting of a variance shall be in harmony with the general purpose and intent of this Code and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. Minimum Variance Needed. The variance approved by the Board of Appeals or Planning & Zoning Administrator is the minimum required to provide the applicant with reasonable use and enjoyment of his property. SECTION NINE: Chapter 1115.07 of the City of Zanesville's Planning and Zoning Code shall read as follows: 1115.07 Definition A Minor variance is defmed as any deviation from a Chapter 11 Planning and Zoning Code stipulation that is less than a twenty-five (25%) deviation of the requirement. SECTION TEN: Chapter 1121.01 of the City of Zanesville' s Planning and Zoning Code is 1121.01 PURPOSE. Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district because of the impact their special character creates on surrounding areas.. Som; such uses may, however, be allowed under special conditions. These uses are provided for in this Zoning Code as Conditional uses and Special Permit uses.
Because Conditional and Special Uses are compatible with the applicable zoning district only under special conditions, a Conditional or Special Use pennit is required before any use authorized herein as a Conditional or Special use may be established. Except as specifically provided herein, all regulations of the applicable zoning district, and all other applicable regulations of this and other City ordinances, shall apply to conditional uses. SECTION ELEVEN: Chapter 1121.02 of the City ofzanesviile's Planning and Zoning Code is 1121.02 APPROVAL PROCESS. Conditional uses shall be approved by the Planning & Zoning Administrator only in conformance with the approval process provided in Chapter 1113, the applicable standards and approval criteria in Tables 8, 9, 10 and 1137.05, and other applicable provisions of this Zoning Code. SECTION TWELVE: Chapter 1121.04 of the City of Zanesville's Planning and Zoning Code is 1121.04 REVIEW OF CONDITIONAL USES. (a) In evaluating the suitability of a proposed conditional use, the Planning & Zoning Administrator shall examine the following characteristics of the proposed use and its individual structures or components: (I) Location and orientation; (2) Lot size; (3) Size offacility, including floor area, structure height, design capacity and anticipated employment; (4) Site design and arrangement; (5) Provisions affecting on- and off-site pedestrian and traffic movement, vehicle storage and the passage of emergency vehicles; (6) Appearance; (7) Screening or landscaping; (8) On- or off-site buffering from incompatible uses with open spaces or transitional uses; (9) Operations factors, such as hours of use or environmental controls; and (10) Other characteristics of the proposed use pertinent in the judgment ofthe Board to an assessment of the impact of the use on the area. (b) The Planning & Zoning Administrator may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use. SECTION THIRTEEN: Chapter 1121.06 of the City of Zanesville's Planning and Zoning Code is 1121.06 ZERO LOT LINE RESIDENTIAL DEVELOPMENT.
(a) Purpose. The purpose of the provisions herein governing zero lot line development are: (1) To allow the development of single-family detached housing that makes more efficient use o~ land and. provides ~ore ~ab.le open space on the lot, especially where lots are smaller, by allowmg the WIdth of one mtenor SIde yard to be reduced to zero for the purpose of creating more usable open space on the remainder of a lot; (2) To assure that the design of such housing development provides a suitable environment both for its occupants and the neighborhood; and (3) To thereby encourage the provision of higher-density affordable housing that is detached, that tends to be owner-occupied, and that is thereby more compatible with existing residential areas in the City. (b) Approval Process. Zero lot line development of single-family detached homes may be approved by the Board of Zoning Appeals as a Special use in the zoning districts specified in this Zoning Code consistent with the approval process provided for conditional uses in Chapter 1113 and with applicable standards and approval criteria in Tables 8 and 10, Sections 1121.07 and 1121.09. SECTION FOURTEEN: Chapter 1121.07 ofthe City of Zanesville' s Planning and Zoning Code is 1121.07 TABLE 8: APPROVAL CRITERIA FOR CONDITIONAL USES. In granting approval or conditional approval of a conditional use, the Planning & Zoning Administrator shall prepare written findings offact that on the basis of the characteristics cited under Section 1121.04, or changes to such characteristics that staff requires, the proposed use shall be compatible with existing uses in the area, and with pennitted uses in the zoning district, in the following ways: I. Traffic. Any adverse impact oftypes or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of pennitted uses in the zoning district, have been appropriately controlled. 3. Neighborhood Character. The proposed use shall fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use shall not have undue deleterious effect on the environmental quality, property values or neighborhood character already existing in the area or normally associated with pennitted uses in the district. 4. Public Services and Facilities. The proposed use shall not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. S. Public Safety and Health. The proposed use shall not be detrimental to the safety or health of the employees, patrons or visitors associated with the use nor of the general public in the vicinity.
6. Other Factors.!he proposed use is in hannony with any other elements of compatibility pertinent in the judgment of the staff to the particular conditional use or its particular location. SECTION FIFTEEN: Chapter 1134 of the City of Zanesville's Planning and Zoning Code shall read as follows: 1134 Special Use Permit. The purpose of establishing a Special Use Permit process is to ensure that a proposed use is conducted in a manner that is hannonious and compatible with uses located on the same or surrounding properties. The process recognizes that, within a given zoning district, certain uses may be appropriate and compatible in some locations but not in others. The Special Use Permit process allows a site-specific inquiry into the compatibility of a proposed use at a particular location, taking into account: the characteristics of the site and the surroundings; the relevant zoning and planning principles; and the input of the reviewing parties. (I) Authority. The Board of Zoning Appeals shall have the authority to approve, approve with conditions, or deny an application for a Special Use Permit, and the decision is final. (2) Appeals. Decisions may be appealed by the applicant or directly impacted party to the Court of Common Pleas. (3) Application. Applications are available and processed by the Planning & Zoning Administrator or designee. (4) Previous Special Use Permits. If a Special Use Permit has been denied, the use that was denied may not be re-applied for, at the same location, until twelve full months have passed since the final denial date. (5) Precedents. The fact that a Special Use Permit for the same or similar use has been granted previously for the subject property or nearby property is a factor to be considered, but is not determinative. (6) Burden of Proof. The applicant bears the burden of proof to establish that the approval of a Special Use Permit is warranted. (7) Expiration. A Special Use Permit will expire when th~ use ceases. at the location for six continuous months where issued and/or when majority ownership changes. (8) Determinations. In order to approve a proposed Special Use Permit application, the Board of Zoning Appeals must determine that:.. a. The proposed use can be conducted.in a manner that i~ hannoruous and compatible with existing surrounding land uses, and WIth future surroundmg land uses as projected by the General Plan.
b. The subject site is physically suitable for the type and intensity of land use being proposed; c. Street or highway facilities providing access to the property are or will be adequate in size to meet the requirements of the proposed use; and d. Approval of the Special Use Permit at the site in question will not be inconsistent with or compromise the public health, safety and welfare or the overall objectives of the Comprehensive Plan. SECTION SIXTEEN: Chapter 1141.04 of the City of Zanesville's Planning and Zoning Code is 1141.04 TABLE 14: BUSINESS DISTRICT REQUIREMENTS. WNING DISTRICT CI C2 C3 C4 01 02 II Minimum lot area in square feet - - - - 5,000 40,000 15,000 Minimum lot width in feet - - - - - 100 Along arterial street [a] 200 200-200 200 200 Minimum front yard depth or comer side yard width in feet fbi, [e] 30 30-30 30 30 I-I eight If] 60 60 60 60 60 60 Minimum interior side yard width in feet [b] 10 10-10 10 10 Adjacent to Residential District [b] 20 20-25 25 35 Minimum rear yard depth in feet [b] 15 15-15 15 15 Adjacent to Residential District [b] 30 30-30 25 35 Maximum floor area ratio 1.0 3.0 6.0 1.0 1.0 3.0 100 200 40 60 10 50 t5 50 3.0 Parking and loading As provided in Chapter 1149. Landscaping and screening As provided in Chapter 1151. Performance standards As provided in Chapter J 161. Signs As provided in Chapter 1153. Other requirements As provided in Chapter 1133. Notes for Table 14 [a] Required front and comer side yard frontages for any lot abutting ~ arterial street designated in the City Comprehensive Plan except for lots meetmg requirements under exceptions in Chapter 1133...,. [b] Plus two feet for each one foot ofbulldmg height over thirty-five feet.
[c] See Table IS, Section 1141.05 for permitted and conditional uses by group. [d] Subject to the provisions of Chapter 1121. [e 1 Comer side yard may be reduced to a minimum of fifteen feet if all other yard requirements are met or exceeded as verified by the Zoning Administrator. [f] Any building or structure over 60 feet or five stories, whichever is greater requires a Special Use Permit. SECTION SEVENTEEN: This Ordinance shall take effect and be in force from and after the earliest period allowed by law. PASSED:,2018 ATTEST: Susan Culbertson Clerk of Council Daniel M. Vincent President of Council APPROVED:, 2018 THIS LEGISLATION APPROVED AS TO FORM Jeff Tilton, Mayor ~r- Law Director' s Office