By: Councilmember O'Keefe
ORDINANCE NO. 15 - 08
To Amend Sections 1109.11, 1133.03, 1135.01, 1137.01, 1137.02, 1137.05, 1137.07, 1137.08, 1139.05, 1139.06, 1141.04, 1141.05, 1141.06, 1143.04, 1145.03, 1145.04, 1147.03, 1147.04, 1149.01, 1149.02, 1149.03, 1159.02, 1159.03, 1159.04, 1159.05, 1161.01, 1161.02, 1161.03, 1163.01, 1163.02, 1163.03, 1167.02, 1167.03, 1175.02, 1175.04, 1175.05, 1183.01, 1183.03, and 1189.03, and to amend and change the section number of Sections 1137.03, 1137.04, 1137.05, 1137.06, 1137.07 and 1137.08, and To Enact New Sections 1137.03, 1137.10, 1157.14, 1157.15 Of The Codified Ordinances Of The Village Of Granville, Ohio
WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to modernize and update the Zoning Code of the Village in order to better protect the general health, safety, and welfare of the citizens of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO; A MAJORITY OF THE MEMBERS ELECTED THERETO CONCURRING THAT:
Section 1. Existing section 1135.01 is hereby amended:
1135.01 LANGUAGE USE: MEANINGS
(a) Interpretation of Language. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the Zoning Ordinance. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased" or "intended to be used," and the word "shall" is mandatory and not directory.
(1) "Accessory building" means a building or structure subordinate to the principal building and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Where a structure is attached to the principal building in a substantial manner as by a wall or roof, it shall be considered to be part of the principal building.
(2) "Accessory use" means a use subordinate to the principal use of land or building and which serves a purpose customarily incidental to the principal use.
(3) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
(4) "Alley" or "lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(5) "Apartment." See "Dwelling, multi-family."
(6) "Apartment house." See "Dwelling, multi-family."
(7) "Aquifer wellhead" refers to those locations where subsurface glacial sand and gravel deposits are present and are the means by which the Raccoon Valley Aquifer is recharged from surface water.
(8) "Automobile or trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles, trailers, farm implements, boats, motorcycles, bicycles, lawn mowers, etc. in operable condition and where no repair work is done.
(9) "Automobile services" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and cleaning of vehicles.
(10) "Automobile service station" or "filling station" means a building or other structure or a tract of land where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is dispensed directly to users of motor vehicles.
(11) "Automobile wash" or "automatic car wash" means a building or structure where mechanical devices are employed for the purpose of washing motor vehicles.
(12) "Base flood" is the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one?hundred (100) year flood.
(13) "Basement" means a story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.
(14) "Bed and Breakfast" means a home occupation as defined in Chapter 1181 where the occupants of a dwelling unit provide a sleeping room and breakfast is prepared and served on the premises for remuneration to persons who are not family members.
(15) "Beginning of construction" means the excavation and/or the incorporation of labor and material within the walls of the building or buildings.
(16) "Block." In describing the boundaries of a district the word "block" refers to the legal description. In all other cases, the word "block" refers to the property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.
(17) "Board" means the Board of Zoning and Building Appeals of the Village of Granville, Ohio.
(18) "Boarding house" or "lodging house" means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, where no cooking or dining facilities are provided in individual rooms.
(19) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced wall(s) extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
(20) "Building, height of" means the vertical distance from the average contact with ground level at the front wall of the building to the highest point of the roof.
(21) "Building line" means the front yard setback; a line established by this Zoning Ordinance generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located except as may be provided by this Ordinance.
(22) "Business (commercial)" means a concentration of a wide variety of offices and retail establishments located on or at the intersection of arterial streets as specified by the Master Plan.
(23) "Cemetery" means the land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of such cemetery.
(24) "Certificate of Occupancy" means a document issued by the Zoning Inspector consistent with Section 1137.06 of this Zoning Ordinance.
(25) "City or Village" means the municipal corporation of Granville, Licking County, Ohio.
(26) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
(27) "Commission" means the Planning Commission of the Village of Granville, Ohio.
(28) "Comprehensive Plan" refers to the current "Granville Comprehensive Plan Report" containing background and recommendations on the regulation and use of land, the building of public facilities and the offering of services.
(29) "Conditional use" means a use which more intensely affects the surrounding area in which it is located than permitted uses in the same district. A conditional use permit shall be granted if, upon review of the site plan, the Board of Zoning and Building Appeals determine that all criteria stated in Chapter 1145 have been met.
(30) "Council" means the Council of the Village of Granville, Ohio.
(31) "Court" means an open unoccupied and unobstructed space, other than a yard, on the same lot, with a building or group of buildings.
(32) "Density" used as a unit of measurement, means the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of land to be developed, including that area in publicly dedicated land or retained in private ownership.
B. "Net density" means the number of dwelling units per acre of land exclusive of that area in publicly dedicated land, streets and easements.
(33) "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or storage of equipment and materials.
(34) "Developmental disability" means a disability that originated before the attainment of eighteen years of age and which can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or requires similar treatment and services.
(35) "District" means all properties of the same use, height and area classification which adjoin or are continuous without intervening property or another classification, regardless of any street, alley, easement or reserve that may intervene. Separate districts include the Village Districts, the Community Service District, the Suburban Residential District, the Open Space District, the Institutional District, the Planned Development Districts, and such other districts as are specified in Title Five of this ordinance, as indicated by the official Zoning Map. For a detailed definition, see the statement of purpose of each respective district.
(36) "Driveway" means any improved or unimproved area used for vehicular travel and serving as an area of access, entrance, exit, or approach from any street to any parcel of land, regardless of public or private ownership.
(37) "Dwelling, manufactured off-site, or manufactured home," also referred to as "pre-engineered or prefabricated unit" means an assembly of materials or products comprising all or part of a total structure which when constructed and installed, constitutes a dwelling unit, except for necessary preparations for its placement.
(38) "Dwelling, mobile home" means a portable dwelling designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway.
(39) "Dwelling, multi-family" means a building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.
(40) "Dwelling, single-family" means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.
(41) "Dwelling, two-family" means a building consisting of two dwelling units which may be either attached side by side or one above the other, each unit having either a separate or combined entrance or entrances.
(42) "Dwelling unit" means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(43) "Easement" means an interest in land owned by another that entitles its holder to a specific limited use or enjoyment.
(44) "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and 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 or for the public health or safety or general welfare, but not including buildings.
(45) "Family" means two or more persons related by blood, adoption, marriage, guardianship or foster parent contract, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding three exclusive of household servants living together as a single housekeeping unit but not related by blood, adoption, marriage, guardianship or foster parent contract shall be deemed to be a family. A number of persons with developmental disabilities not exceeding six, exclusive of not more than two house parents and employees caring for the persons with developmental disabilities, living together as a single housekeeping unit but not related by blood, adoption, marriage, guardianship or foster parent contract residing in a dwelling unit which meets all specifications for a family model home shall be deemed to be a family.
(46) "Family model home, group home, or community residence" means a dwelling unit occupied as a home that provides room and board, personal care, habilitation services and supervision in a family setting for not more than six persons with developmental disabilities, exclusive of not more than two house parents and employees caring for the persons residing there with developmental disabilities, and licensed and regulated by the Ohio Department of Mental Retardation and Developmental Disabilities.
(47) "Fence" Any artificially constructed barrier of any permitted material or combination of materials erected to enclose, screen properties, or to provide protection, and as a means of designating a property boundary.
(48) "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.
(49) "Flood insurance rate map" (FIRM): An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
(50) "Flood insurance study" is the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevation of the base flood.
(51) "Flood plain" means any land area susceptible to being inundated by water from any source. The flood plain includes the floodway and floodway fringe as designated by the effective Flood Hazard Map and any amendments made to the map thereof.
(52) "Flood recurrence interval" means the average interval of time, based upon a statistical analysis of actual or representative stream flow records, which can be expected to elapse between floods equal to or greater than a specified flood.
(53) "Flood proofing" means any combination of structural and nonstructural additional changes, modifications or adjustments to properties and structures primarily for the reduction or elimination of flood damage to lands, water and sanitary facilities, structures and contents of buildings.
(54) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(55) "Floodway fringe" means those lands, from the floodway boundary line to the floodway fringe boundary line as designated in the effective Flood Hazard Map and any amendments made to the map thereof, subject to inundation by the 100 year recurrence interval flood.
(56) "Floodway obstruction or obstruction in a floodway" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, structure, wire fence, rock, gravel, refuse, fill or other analogous structure or matter in, along, across or projecting into any floodway which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting water-borne debris, or that is placed where the flow of water would carry the same downstream to the damage or detriment of life or property.
(57) "Floor area" is the sum of the gross horizontal areas of those spaces designed for living, sleeping, eating, and cooking purposes. Garages, porches, attic space, and living areas which are located below grade an average of four (4) feet shall not be included in the definition of floor area. Calculations of floor areas shall be made from the exterior face of the enclosing walls at the respective floor line, and where applicable, the centerline of party walls. The "lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, parking access, or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is built in accordance with the applicable design requirements for enclosures below base flood elevation specified in this ordinance.
(58) "Frontage to the public right-of-way" is the length of a property line which abuts a legally accessible street right-of-way.
(59) "Garage or car port, private" means a detached accessory building or a portion of the principal building used by the occupants of the premises for the storage of self-propelled vehicles or trailers.
(60) "Garage, public" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
(61) "Home occupation" means an occupation, profession, activity, or use that is clearly an incidental, secondary, and customary use of a residential dwelling unit, which does not alter the exterior character or appearance of the dwelling (except as may be specifically defined by these regulations), and which is carried on solely within the main dwelling. Refer to Chapter 1181.
(62) "Hospital" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and who are in need of medical or surgical attention, and who are provided with board or room or kept overnight on the premises.
(63) "Hotel, motel, and apartment hotel" mean a building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, fraternity, sorority or dormitory which are separately defined.
(64) "Industry" means the storage, repair, manufacture, preparation or treatment of any materials or products through processes which may involve hazardous materials or working conditions requiring separation from other uses of land.
(65) "Junk or salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
(66) "Kennel or cattery" means any lot or premises on which four or more domesticated animals more than four months of age are either commercially housed, groomed, bred, boarded, trained or sold.
(67) "Land Use Plan" means the long-range plan for the desirable use of land in the Village, as officially adopted and as amended from time to time by the Village Council; the purpose of such plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings. The Land Use Plan is a component part of the officially adopted Comprehensive Plan of the Village of Granville,
(68) "Light industrial" means industrial activities which are generally free of nuisance from noise, dust, smoke, odor or vibration.
(69) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
(70) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, or by metes and bounds.
(71) "Lot, corner" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the side lot lines to the foremost depth of the lot meet at an interior angle of less than 135 degrees. Irrespective of building orientation, on a corner lot the setback for the front yard for that use shall apply to all sides of a lot having frontage on publicly dedicated rights-of-way.
(72) "Lot coverage" means the ratio of the enclosed ground floor area of all buildings on a lot to the area of the lot as a whole, expressed as a percentage. However, in certain zoning districts, "lot coverage" may include other uses such as driveways, parking or loading areas.
(73) "Lot line, front" means the lot line separating an interior lot from the street right-of-way upon which it abuts or the lot line of a corner lot which abuts upon a street right-of-way. Unless the context clearly indicates the contrary, front lot line means the street right-of-way line.
(74) "Lot line, rear" means that lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the rear lot line is opposite and most distant from the front lot line of least dimension.
(75) "Lot line, side" means any lot line which is not a front or rear lot line. On a corner lot, a side lot line may be the street right-of-way line.
(76) "Lot measurement"
A. "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
B. "Lot width" means the width of a lot at the building setback line measured at right angles to its depth.
(77) "Lot, minimum area of" means the area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
(78) "Lot of record" means a lot which is part of the original Village Plat or a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(79) "Manufacturing" means the making of articles, products or goods by hand or by machinery on a scale requiring the division of labor, within an industrial environment or use of land.
(80) "Mineral" means any material quarried, mined or otherwise extracted from the earth intended to be used as a commercial product.
(81) "Mobile home." See "Dwelling, mobile home."
(82) "Mobile home park or manufactured home park" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent. "Mobile home park or manufactured home park" shall exclude any manufactured home park as defined in Ohio R.C. 3733.01 for which the Public Health Council has exclusive rule-making power.
(83) "Nonconforming use" means the use of land or a building, or a portion thereof, that does not conform to the use regulations of the district in which it is situated (see Section 1149.01).
(84) "Nursery (day care center)" means a facility which temporarily assumes responsibility for three (3) or more children in their parent's absence.
(85) "Nursery (plant materials)" means a space including accessory buildings or structures for the growing or storage of live trees, shrubs or plant materials which may be offered for retail sale on the premises, including products used for gardening or landscaping.
(86) "Nursing home" includes convalescent and extended care facilities, and means an establishment which specializes in providing necessary services to those unable to be responsible for their selves.
(87) "Open space" means that part of a zoning lot, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning lot. "Open space" also means natural scenic land areas or land areas that are characterized by a rural quality having an absence of development or as defined by surrounding development.
(88) "Overlay district" is a second set of guidelines and regulations applied to any part or all of an original zoning district or districts. The overlay district regulations may further restrict or interpret the number or types of uses allowed, as well as the way permitted activities may be designed, developed or operated within the overlay district boundaries. The overlay districts are designated on the Village's official zoning map.
(89) "Parking area, private" means an open area for the same uses as a private garage.
(90) "Parking area, public" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(91) "Parking space" means a hard surfaced area made of all-weather, durable, dustless, asphaltic or cement pavement of not less than 200 square feet, either with a structure or in the open, exclusive of driveways or access drives for the parking of one motor vehicle.
(92) "Performance standard" means criteria established to guide, regulate and protect the public in their uses of land.
(93) "Permitted use" means a class of specific uses of land and/or structures which is allowed by right within a designated zoning district, provided there is conformance to site development and other criteria as specified within this Zoning Ordinance.
(94) "Planned development" or "planned unit development:" a development of land that is under unified control and is planned and developed as a whole or a single development operation or programmed series of development stages, which may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. Refer to Chapter 1171.
(95) "Public right-of-way (ROW)" is a strip of land occupied or intended to be occupied by a street, sidewalk, water, sewer, gas or electrical service.
(96) "Recreational vehicle" means a travel trailer, motor home, truck camper, fifth wheel trailer, and park trailer as defined in the Ohio Revised Code.
(97) "Research activities" means research, development or testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation or engineering.
(98) "Rooming house" means a dwelling occupied by an owner and three or more rent-paying persons, by a duly authorized agent of an owner and three or more rent-paying persons, or by four or more persons unrelated by blood, adoption, marriage, guardianship or foster parent contract. A family model home as defined in this section shall not be deemed to be a rooming house.
(99) "School," means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the schools by the applicable laws of the State.
(100) "Sign" means any device as defined in Section 1189.02(a).
(101) "Stable, commercial" means a stable for horses, donkeys, mules or ponies which are let, hired, used or boarded on a commercial basis.
(102) "Stable, private" means an accessory building for the keeping of horses, donkeys, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
(103) "Start of construction" is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(104) "Story" means that portion of a building, 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.
(105) "Street" or "thoroughfare" means a public or private way for the purposes of vehicular travel, including the entire area within the right-of-way.
(106) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
(107) "Structure" means anything constructed, erected, or fabricated, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground and shall include any building erected for the purpose of storage even if such building does not require permanent location on the ground or attachment to something having such location.
(108) "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. "Substantial improvement" includes structures which have incurred "substantial damage", regardless of the actual repair work performed. "Substantial improvement" does not however, include:
A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;
B. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure"; or
C. Any improvement to a structure which is considered new construction.
(109) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
(110) "Village Manager" is the chief executive and administrative officer of the Village of Granville, and shall have such powers and duties as are assigned by the Village Council and by law, which powers and duties may in turn be exercised by the Manager or his/her designee.
(111) "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principle building.
B. "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(112) "Zoning Permit" means a document issued by the Village Manager or his/her designee authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions. A "zoning permit" includes an architectural permit where such is required by this Zoning Ordinance.
(113) "Zoning Inspector" means the Zoning Inspector of the Village of Granville, or his/her authorized representative.
(114) "Zoning map" means the Zoning Map of the Village of Granville, together with all amendments subsequently adopted.
Section 2. Existing Sections 1109.11, 1133.03, 1137.01, 1137.02, 1137.05, 1137.07,
1137.08, 1139.05, 1139.06, 1141.04, 1141.05, 1141.06, 1143.04, 1145.03, 1145.04, 1147.03, 1147.04, 1149.01, 1149.02, 1149.03, 1159.02, 1159.03, 1159.04, 1159.05, 1161.01, 1161.02, 1161.03, 1163.01, 1163.02, 1163.03, 1167.02, 1167.03, 1175.02, 1175.04, 1175.05, 1183.01, 1183.03 and 1189.03 are hereby amended; existing sections 1137.03, 1137.04, 1137.05, 1137.06, 1137.08 and 1137.09 are hereby renumbered; and new sections 1137.03, 1137.10, 1157.14 and 1157.15 are hereby enacted as follows:
1109.11 PUBLIC HEARINGS
The Planning Commission may, on its own motion or upon the petition by any resident of the Municipality or neighboring property owners, prior to acting on a preliminary subdivision plat for any subdivision, hold a hearing thereon at such time and place and upon such notice as the Planning Commission may designate. All interested parties shall be entitled to be heard at such hearing. The Commission shall adopt rules requiring the Zoning Inspector to give written notice by first class mail as evidenced by a certificate of mailing or by personal service to property owners whose land shares a common boundary with the land to be subdivided or is separated there from by a street, road, or alley in those cases where the Commission believes the property owners would have a great interest in the matter.
1133.03 REMEDIES AGAINST UNLAWFUL DECISIONS AND ORDERS
(a) In addition to other remedies provided by law, the Village may enjoin or take any other action against any administrative decision or order including an appeal under Sections 1139.06 or 1141.06 of the Zoning Code, made or issued under this Zoning Ordinance by Council, the Village Manager, Board of Building and Zoning Appeals, Planning Commission, Zoning Inspector, or other officer, employee, or entity of the Village on grounds that the decision or order is unlawful, arbitrary, unreasonable, not supported by a preponderance of evidence, or an abuse of corporate power, or was procured by misrepresentation, fraud, or corruption. The Village may also attack or avoid any such decision or order on such grounds in any action brought against it or any of its officers, employees, or other entities.
(b) Pursuant to subsection (a) hereof, Council may review any such administrative decision or order upon written request of the Village Manager, Law Director, or Zoning Inspector, or upon its own initiative. The decision to conduct a review shall be made by resolution of Council. A resolution shall indicate the basis for the review and refer to the pertinent legal provisions. Council shall conduct the review as prescribed in Section 1137.01 of this Zoning Ordinance.
(c) Except for cases involving misrepresentation, fraud or corruption, no decision or order shall be reversed, revoked, or modified under subsections (a) or (b) hereof after there has been a substantial change of position, substantial expenditure, or a significant incurrence of obligations in justifiable reliance on the decision or order.
(d) This section confers authority to attack and avoid administrative decisions as set forth in Willoughby Hills vs. C.C. Bar's Sahara, Inc. (1992), 64 Ohio St. 3d 24, and State ex rel. Broadway Petroleum Corp. vs Elyria (1969), 18 Ohio St. 2d 23.
1137.01 COUNCIL POWERS AND DUTIES
(a) With respect to the administration and enforcement of this Zoning Ordinance, Council:
(1) May initiate and enact amendments to this Ordinance and to the Official Village Zoning Map and may submit such amendments to the Planning Commission for recommendation and review;
(2) Shall hear and decide appeals from decisions of the Planning Commission and Board of Zoning and Building Appeals and conduct reviews of administrative decisions and orders, as hereinafter provided.
(3) Shall, upon recommendation of the Planning Commission under Section 1171.04(a) of this Zoning Ordinance, hear and approve, approve with modifications, or disapprove applications for approval of Development Plans in Planned Development Districts.
(4) May review any decision of the Board of Zoning and Building Appeals or the Planning Commission as set forth in this Zoning Ordinance.
(b) Upon receipt of a notice of appeal or upon receipt of a resolution for review, the Village Clerk shall direct the person, board or commission whose decision is being appealed or reviewed to submit to the Clerk all materials submitted to the person, board, or commission, or considered in reaching its decision or making the order. Upon receipt of an application for approval of a Development Plan, the Clerk shall proceed directly under subsection (d) hereof.
(c) When the appeal is from a decision or order of the Planning Commission or Board of Zoning and Building Appeals, the appellant shall file a copy of the written findings of fact of the Commission or Board, required, respectively, by Sections 1141.05(f) and 1139.05(g) of this Zoning Ordinance, with the notice of appeal and shall file the transcript or parts thereof he/she intends to include in the record with the Clerk as soon as it or they are made available by the court reporter. For reviews of Council's prior administrative decisions, the Clerk shall obtain the findings of fact required by subsection (k) hereof and a transcript of the proceedings, if available. For appeals and reviews of other administrative decisions and orders, the Clerk shall obtain any findings of fact and transcript or parts thereof from whatever record is available.
(d) For appeal and review hearings, the Clerk shall forward any findings of fact and transcripts or parts of transcripts filed by the appellant or obtained by the Clerk to Council along with all other materials submitted to or considered in reaching the decision or making the order and serve a copy of the findings of fact, if any, upon the appellant or person requesting review, upon all adjacent and contiguous property owners who were entitled to notice of any prior hearing under this Zoning Ordinance, and upon any other person identified in the record who was permitted to appear and be heard. Service shall be by personal service or ordinary mail. If there are no findings of fact to be served, the Clerk shall serve notice only of the date and time scheduled for the hearing, as set forth in subsection (e) hereof. The Clerk shall not initiate service under this subsection until the transcript or parts thereof have been filed or obtained, or until it is evident that no transcript or part is available. The Clerk shall advise the Law Director and the Village Manager when service is complete under this subsection.
(e) At the next regularly scheduled Council meeting following service by the Clerk under subsection (d) hereof, the hearing shall be scheduled. The hearing may be scheduled to be held at either of the next two immediately subsequent regularly scheduled Council meetings after the meeting at which the appeal hearing is scheduled. The Clerk shall serve notice of the date and time of the hearing upon all persons entitled to notice under subsection (d) hereof by personal service or ordinary mail. The notice shall state the date, time and place of the hearing, the name of the applicant, and the nature of the application. A hearing may be continued as needed to receive all testimony and evidence or for the purpose of deliberations and discussions.
(f) Prior to any hearing, Council shall be advised by the Law Director and the Village Manager that all required procedures and service have been completed.
(g) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) In appeal hearings: any party to the hearing before the Board or Commission; and any person who claimed a right but was not permitted to appear and be heard at the hearing before the Board or Commission, but only after Council determines that his/her exclusion was error.
(2) In review hearings initiated by Council, any person designated by Council to present the case for review and revision or revocation of the decision or order under review;
(3) In all review hearings: any party to the last hearing held on the decision or order prior to the review hearing; and any person who claimed a right but was not permitted to appear and be heard at the last hearing prior to the review hearing, but only after Council determines that his/her exclusion was error;
(h) A person authorized to appear and be heard may:
(1) Present his or her position, arguments, and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by Council.
(i) Hearings are open to the public but are not public hearings. Any witness offering testimony or presenting evidence at the hearing shall be placed under oath by the Village Clerk prior to offering testimony or evidence. In any hearing on a decision or order of the Board of Zoning and Building Appeals or Planning Commission, the Board or Commission shall be represented by the Law Director or such other counsel as determined appropriate by action of Council. All hearings shall be recorded by a court reporter.
(j) Following a hearing, Council may affirm, reverse, revoke, modify or remand for further proceedings the decision or order appealed from or under review. Following a hearing on a Development Plan, Council shall approve, approve with modifications, or disapprove the Plan, or may remand the application to the Planning Commission with instructions for further review under Section 1171.04(a).
(k) Council shall make a decision not later than the next regularly scheduled Council meeting following the conclusion of its hearing. Within forty-five days, it shall formalize its decision in writing, including in the decision findings and conclusions of fact. The Village Clerk shall serve the decision upon all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing by personal service or certified mail.
(l) The date of service of the Clerk shall represent the commencement of the time for further appeal in all cases, except those in which Council approves a Development Plan, with or without modifications.
(m) If Council approves a Development Plan, with or without modifications, it shall formalize its approval by Ordinance, as set forth in Article III of the Charter of the Village of Granville. The effective date of such ordinances shall represent the commencement of the time for appeal of the decision.
1137.02 ENFORCEMENT BY ZONING INSPECTOR
There is hereby established the office of Zoning Inspector, who shall be appointed by the Village Manager. The Zoning Inspector shall enforce this Zoning Ordinance, and shall have the following duties and authority:
(a) To recommend granting or denying zoning permits as provided for, and in accordance with, this Zoning Ordinance;
(b) To revoke any permit as set forth in this Zoning Ordinance;
(c) As provided in Section 1137.10 of this Zoning Ordinance, to issue a stop order against the construction or further construction of any building or structure, or the use of any building, structure, or land, that the Zoning Inspector reasonably believes is taking place in violation of any provision of this Zoning Ordinance or any other Ordinance of the Village, or that is taking place without a zoning or occupancy permit or in violation of any of the terms or conditions of an existing permit;
(d) To recommend to the Manager action for an injunction to prevent any violation of this Zoning Ordinance;
(e) To recommend to the Manager prosecution for any violation of this zoning ordinance.
(f) To collect the designated fees as set forth in this Zoning Ordinance for applications and permits;
(g) To make and keep all records necessary and appropriate to the office, including records of the issuance, denial, and revocation of all permits and the receipt of complaints of violation of the zoning law and action taken on the same;
(h) To inspect any building, structure, or land to determine whether any violations of this Zoning Ordinance have been committed or exist;
1137.03 ZONING PERMITS
(a) Zoning Permits Required. A zoning permit shall be required for, and shall be obtained prior to undertaking or beginning, any of the following:
(1) The alteration, construction, conversion, creation, or extension, in whole or in part, of any building or structure, or the location or placement of any structure on land;
(2) A change, in whole or in part, in the use of any existing building, structure, or land;
(3) The occupancy and use of vacant land;
(4) The grading, excavating, or filling of land;
(5) A change, in whole or in part, of a lawful nonconforming use;
(6) The demolition of any building or structure within the Village;
(7) As required by other provisions of this Zoning Ordinance.
(b) Issuance of Permit The Zoning Inspector shall recommend issuance of a Zoning Permit by the Manager if he/she is satisfied that the plans, specifications, and the intended use of the property conform to the requirements of this Zoning Ordinance and to any other applicable Ordinances of the Village, and that the proposed methods of water supply and disposal of sanitary waste conform with all the requirements of this Zoning Ordinance, subject to approval by the Planning Commission where the Ordinances so require. Before issuance of a permit, the Village Manager or his/her designee shall review and approve capping of any vacated utility service.
(c) Scope of Permit A zoning permit authorizes the use of the property in accordance with the terms of the application for the permit, the approved plans, and the terms, conditions, and requirements specified for the issuance of the permit.
(d) Lapse of Permit Any permitted excavation, demolition, or construction must start within twelve months and be completed within twenty-four months after the date of final approval, except in Planned Development Districts. This time period may be extended only on the showing of exceptional circumstances by specific written request to the Village Manager. The written request for extension must explain the reasons for the request.
(e) Appeal The issuance or denial of a permit under this section may be appealed to the Board of Zoning and Building Appeals, as provided in Section 1139.04(a) of this Zoning Ordinance.
1137.04 FILING PLANS
Unless otherwise noted within this Zoning Ordinance, every application for a Zoning Permit shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected in the case of a proposed new building or structure, or already approved building or structure, as would substantially alter its appearance; drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; proposed utility services and lot drainage; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance.
1137.05 CERTIFICATE OF HEALTH OFFICER
In every case where the lot is not serviced with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a Certificate of Approval by the responsible Health Officer as to the proposed method of water supply and/or disposal of sanitary wastes.
1137.06 CERTIFICATE OF OCCUPANCY
(a) Certificate of Occupancy No owner, lessee or tenant shall occupy, permit to be
occupied, convey, or offer for sale or lease any building, structure, building or land, or part thereof, hereafter erected, created, altered, converted, enlarged or improved unless a certificate of occupancy has been issued by the Zoning Inspector after review and inspection by the Zoning Inspector and Water, Wastewater and Service Department Directors.
(b) Application for Certificate The property owner or contractor must request the certificate of occupancy ten (10) days prior to the earliest date of occupancy. Such certificate of occupancy shall show and certify that such building, structure or land is in compliance with all provisions of the Codified Ordinances of Granville, in respect to such building, structure or land. No certificate of occupancy shall be issued without appropriate approval as to any improvements required whether such improvements are required by the Municipal Engineer, Planning Commission, Council or otherwise. No certificate of occupancy shall be issued by the Zoning Inspector without certification from the Income Tax Commissioner that all proper tax registrations and disclosures have been completed.
(c) Appeal The denial of an occupancy permit under this section may be
appealed to the Board of Zoning and Building Appeals, as provided in Section 1139.04(a) of this Zoning Ordinance
1137.07 FEES
(a) Fees Fees shall be charged in accordance with resolutions and ordinances of the Village Council, and shall be set at a rate sufficient to cover the costs of the administration and regulatory implementation of this ordinance. The application fees must be paid at the time of application, otherwise the application is not complete.
1137.08 VIOLATIONS; REMEDIES
(a) Except as otherwise permitted by this Zoning Ordinance, no person, without first having obtained a zoning permit, shall do any of the following;
(1) Alter, construct, convert, create, or extend, in whole or in part, any building or structure, or locate or place any structure on land;
(2) Change, in whole or in part, the use of any existing building or structure or the use of any land.
(3) Perform any exterior modification or structural alteration of any building or structure within the Architectural Review Overlay District.
(b) No person shall do any of the following:
(1) Use or permit the use of, any structure, building, or land, or part thereof, in violation of this Zoning Ordinance;
(2) Violate any term, condition, or requirement of a zoning permit, occupancy permit, approved variance, or conditional use permit;
(3) Disobey or disregard any written lawful order of the Zoning Inspector;
(4) Continue to use any structure, building, or land in violation of this Zoning Ordinance after a zoning permit has been revoked.
(5) Demolish any building or structure within the Architectural Review Overlay District without obtaining a demolition permit.
(c) If a building or structure is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, converted, maintained or used, or any land is or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, Council, the Law Director, Village Manager or his/her designee, or any adjacent or contiguous property owner may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, enlargement, change, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, demolition, business or use in or about such premises.
1137.09 PENALTY
Whoever violates any provision of Section 1137.08 of this Zoning Ordinance, or any other provision of this Ordinance, for which no other penalty is provided, shall be fined not more than five hundred dollars ($500.00) per day. Each day during which violation continues shall be deemed to be a separate offense.
1137.10 STOP ORDERS AND REVOCATION OF PERMITS
(a) Stop Orders. The Zoning Inspector, after consultation with the Village Manager, may issue a stop order against the construction or alteration or further construction or alteration of any building or structure, or the use or continued
use of any building, structure, or land, that the Zoning Inspector reasonably believes is taking place in violation of any provision of this Zoning Ordinance or any other Ordinance of the Village, or that is taking place without a zoning or occupancy permit or in violation of any of the terms, conditions, or requirements of an existing permit.
(b) Revocation of Permit. The Zoning Inspector, after consultation with the Village Manager, may revoke a zoning permit when the Zoning Inspector reasonably believes that the use of the property constitutes a violation of or a failure to
comply with any of the terms, conditions, or requirements of the existing permit.
(c) Hearing Procedures. At the time of taking any action under this Section, the Zoning Inspector shall provide the occupant, if any, and the record owner of the property with written notice of the reasons for the action so taken and that a hearing may be requested before the Zoning Inspector. Notice to the owner shall be by personal service on the owner or, if not possible, by certified mail sent to the last known address of the owner. If a hearing is requested in writing, the hearing shall be held within two (2) business days of receipt of the request for the hearing. After hearing the matter, the Zoning Inspector shall affirm, modify or vacate the stop order or the order that revoked the permit. This decision will be sent in writing by certified mail explaining the decision and the occupant's rights
of appeal.
(d) Appeal. The issuance of a stop order or the revocation of a permit under this section may be appealed to the Board of Zoning and Building Appeals as provided in Section 1139.04(a) of this Zoning Ordinance.
1139.05 DECISIONS
(a) All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant.
(b) Notice of the date and time set for the hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to property owners listed in an application shall be by first class mail as evidenced by a certificate of mailing or by personal service at least ten days prior to the hearing date. The notice shall state the date, time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal. The Board may continue an on-going hearing from date to date without additional notice. A sign indicating the type of application as well as the date and time for the hearing shall also be posted on the subject property at least ten (10) days prior to the hearing date.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant or appellant;
(2) The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;
(3) The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and
(4) Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments, and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Board.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Board, at its option, may have a hearing transcribed by court reporter.
(f) The Board shall decide all applications and appeals within sixty days after the conclusion of the hearing, unless waived by the applicant or appellant.
(g) The Board's final decision shall be in writing, shall be accompanied by a finding of fact and statement of reasons for the decision reached and shall be filed in the Village Office and become a part of the public record. A certified copy of the Board's decision shall be transmitted by the Secretary of the Board to all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector by personal service or certified mail.
(h) The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized.
1139.06 APPEALS FROM DECISIONS
Any party to a hearing and any person who claimed a right but was not permitted, to appear as a party to a hearing may appeal a decision of the Board of Zoning and Building Appeals to Council. The Village Manager may also appeal any such decision to Council. The Village Council, by majority vote. The appeal shall be filed with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal or ten (10) days after the decision of the Board on the application or appeal, whichever occurs last. At the time of filing the notice of appeal, the appellant shall, in writing, order from the reporter a complete transcript or a transcript of the parts of the proceedings not already on file as the appellant considers necessary for inclusion in the record and file a copy of the order with the Clerk. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record a transcript of all evidence relevant to the findings or conclusion. A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.
1141.04 POWERS; DUTIES
The duties of the Planning Commission are as follows:
(a) Review proposed amendments or rezoning requests to the Zoning Ordinance and/or Subdivision Regulations and make recommendations to Council.
(b) Review and act upon applications for new construction, exterior modification and/or structural alterations in the following districts as provided in Chapter 1159, Village District, Chapter 1161, Architectural Review Overlay District, Chapter 1176, Transportation Corridor Overlay District, Chapter 1167, Community Service District, and Chapter 1175 Suburban Business District and authorize the issuance, the issuance with conditions, or the denial of a Zoning Permit by the Zoning Inspector.
(c) Review and approve, or deny, or approve with modifications, subdivision platting and development plans for Planned Development District applications and development site plans with reference to the provisions of the Zoning Ordinance and the Subdivision Regulations.
(d) Initiate amendments to the Zoning Ordinance and/or make such planning or zoning recommendations to Council as are deemed necessary.
(e) Review and act upon applications for Zoning Permits requiring architectural review as provided for in Chapter 1161 of this Zoning Ordinance.
(f) Perform such other duties as may be required by ordinance or requested by Council.
(g) Hold informal working sessions with developers, builders and the general public, for the purpose of providing advice and guidance in accordance with the Comprehensive Plan, and prior to the submittal and review of formal development plans.
(h) If a majority of the members of the Commission decides that the Commission needs legal counsel for any public or administrative hearing that the Commission is authorized or required to conduct or participate in under this Zoning Ordinance, the chairperson shall request Council to provide such counsel. If Council approves the request, it shall direct the Law Director to appoint counsel for the Commission, subject to the financial approval of the Village Manager.
1141.05 PROCEDURE FOR DECISIONS OF THE PLANNING COMMISSION
(a) All applications which are referred to the Planning Commission for shall be heard within forty-five (45) days from the date of filing.
(b) Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village. Notice to the applicant and adjacent or contiguous property owners shall be sent by first class mail as evidenced by a certificate of mailing or by personal service at least six days prior to the hearing date. The notice shall state the date, the time and the place of the hearing, the name of the applicant and the nature of the application. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing. The Commission may continue an on-going hearing from date to date without additional notice. A sign indicating the type of application as well as the date and time for the hearing shall also be posted on the subject property at least six days prior to the hearing date.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant;
(2) The owner of property that is the subject of the application, if the owner is not the applicant or appellant;
(3) The owner of property that is adjacent or contiguous to the property that is the subject of the application; and
(4) Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Commission.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by taper recorder or other electronic means. The Planning Commission, at its option, may have a hearing transcribed by court reporter.
(f) The Commission shall decide all applications within sixty (60) days after the formal conclusion of the hearing by the Commission, unless waived by the applicant. The decision of the Commission shall be in writing and shall be accompanied by findings of fact and a statement of reasons for the decision reached. The decision shall be filed in the Village Office and it shall become a part of the public record. The Village Clerk shall serve a certified copy of the Commission's decision on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and the Zoning Inspector by personal service or certified mail.
1146.06 APPEALS FROM DECISIONS
Any party to a hearing and any person who claimed a right but was not permitted to appear as a party to a hearing may appeal a decision of the Planning Commission to Council by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by the U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal, or ten (10) days after the decision of the Commission, whichever occurs last. The Village Council, by majority vote, may also initiate an appeal within the time limits specified above.
At the time of filing the notice of appeal, the appellant shall, in writing, order from the reporter a complete transcript or a transcript of the parts of the proceedings not already on file as the appellant considers necessary for inclusion in the record and file a copy of the order with the Clerk. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record a transcript of all evidence relevant to the findings or conclusion.
A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing.
1143.04 REVIEW PROCEDURE
(a) Filing of Application The Village Manager shall arrange with the chairperson of the Planning Commission a public hearing time and date to review the application for amendment.
(b) Public Notice for Hearing At least ten days notice shall be given prior to the hearing and be published in one or more newspapers or advertising media of general circulation in the Village. Such notice shall include the time, date and place of the hearing and the nature of the proposed amendment.
(c) Notice to Property Owners A notice containing the information as listed above shall be mailed by certified mail or delivered by personal service to all property owners within 200 feet of the area to be rezoned. The list of addresses shall correspond to the County Auditor's current tax list or the County Treasurer's Mailing List. The notice shall be mailed at least ten days prior to the hearing. Failure of complete publication or notification by the Planning Commission shall not invalidate the application or the Zoning Ordinance. Amendments involving changes to the provisions or text of the Ordinance shall be posted in three public places at least ten days prior to the hearing.
(d) Notification of State Director of Transportation The Village Manager or his/her designee shall give notice by registered or certified mail to the Director of Transportation concerning any zoning amendment that:
(1) Affects any land within 300 feet of a proposed new highway.
(2) Affects any land within 300 feet of any proposed changes to a highway as described in certification to local officials by the State Director of Transportation.
(3) Affects any land within 500 feet from a proposed intersection of such new highway and any existing public road or highway. After notification, the Planning Commission can proceed with determining its recommendation.
(e) Action by the Commission Following the public hearing, the Planning Commission shall review the application and make one of the following recommendations to Council within fifteen days:
(1) Recommend that the amendment be granted as requested.
(2) Recommend a modification of the amendment.
(3) Recommend that the amendment not be granted.
(f) Public Notice of Hearing by Council At least ten days notice shall be given prior to the hearing. The notice shall contain the information listed in subsection (b) hereof.
(g) Notice to Property Owners Notice to property owners within 200 feet of the area to be rezoned shall be mailed by certified mail or delivered by personal service at least ten days prior to the public hearing by Council. The notice shall correspond to subsections (b) and (c) hereof in content and mailing addresses.
(h) Public Hearing by Council At its next regularly scheduled meeting, Council shall adopt or deny the recommendation of the Planning Commission or adopt a modification of the recommendation. However, by majority vote of those members in attendance, Council may continue the matter to the next regularly scheduled meeting. To reverse or modify the recommendation of the Commission, a majority vote of the full membership of Council is required. No final decision can be made until notification by the State Director of Transportation, if such zoning amendment affects any land as per subsection (d) hereof.
1145.03 CRITERIA FOR APPROVAL
The Board of Zoning and Building Appeals shall make the following determinations with respect to an application for a conditional use permit:
(a) The proposed use is a conditional use within the zoning district and the applicable development standards of this Zoning Ordinance are met.
(b) The proposed use is in accordance with all current land use and transportation plans for the area and is compatible with any existing land use on the same parcel.
(c) The proposed use will not create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal.
(d) The proposed use will not be detrimental or disturbing to existing neighboring uses, and will not entail a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property.
(e) The proposed use will not significantly diminish or impair established property values within the surrounding areas.
1145.04 GENERAL PROCEDURE
(a) Please refer to Chapter 1139 for the review procedure.
(b) Issuance of Conditional Use Permit Upon approval of the Board of Zoning and Building Appeals, and with such conditions attached by the Board as may be necessary to secure the objectives of this Zoning Ordinance, to protect the character of the surrounding properties and neighborhood affected by the proposed use, and to mitigate the impact of the use, the Zoning Inspector shall issue a conditional use permit to the applicant. Such permit shall authorize one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not be commenced within one (1) year or, if construction or renovation is included as part of such conditional use, such construction or renovation is not begun within two years. Such permit shall expire if a conditional use is discontinued for more than two years.
(c) In approving a conditional use permit, the conditions imposed by the Board may include, but shall not be limited to, the following requirements or conditions;
(1) Regulation of locations, setbacks, yard requirements, and configurations of
structures and of uses of interior and exterior space, including a condition that any such requirements be greater than the minimum regulations required by this Zoning Code;
(2) Off-street parking requirements be greater than the minimum required by this Zoning Ordinance or other applicable Ordinances, including conditions relating to access points and traffic management provisions, or other provisions that impact vehicular and pedestrian access, and the locations and design of parking facilities, and that parking areas and other parts of the lot be screened from adjoining lots or from the street by walls, fences, trees, shrubs or other planting, or other devices;
(3) Exterior features or the appearance of any structure be modified, the structures be cleaned and painted, and the direction and intensity of outdoor lighting or signs be changed, or other requirements relating to maintenance of the site, the structures thereon, and landscaping;
(4) The size, number of occupants, method and times of operation, and extent of the facilities be limited;
(5) Actions be taken to control or eliminate smoke, dust, radiation, vibration, gas, noise, or odor.
(d) Appeals Appeals from the decisions of the Board of Zoning and Building Appeals may be had as provided in Chapter 1139.
1147.03 CRITERIA FOR APPROVAL
The following considerations shall be examined in the review and the public hearing of an application for variance:
(a) That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning districts.
(b) That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. The factors to be considered by the Board in making this determination are:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(2) Whether the variance is substantial.
(3) Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer a substantial detriment as a result of the variance.
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage).
(5) Whether the property owner purchased the property with knowledge of the zoning restriction.
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
(7) Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.
(c) That the special conditions and circumstances do not result from the actions of the applicant.
(d) That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing or working within the vicinity of the proposed variance, and not diminish or impair established property values within the surrounding areas, and not impair an adequate supply of light and air to adjacent properties, and not unreasonably increase the congestion in public streets.
(e) In granting a variance, the board may impose any requirements or conditions regarding the location, character, and other features of the proposed uses or buildings or structures as the board deems necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the other conditions set forth in Division (d) of this Section.
1147.04 GENERAL PROCEDURE
(a) Please refer to Chapter 1139 of the Codified Ordinances for the review procedure.
(b) Issuance of Zoning Permit If the application for a variance is approved, the Board of Zoning and Building Appeals shall, after specifying such conditions as it may deem necessary, direct the Village Manager or his/her designee to issue a Zoning Permit to the applicant.
(c) Appeals Appeals from decisions of the Board of Zoning and Building Appeals may be had as provided in Chapter 1139.
1149.01 EXISTING NONCONFORMING USES; CONTINUATION
Except as otherwise provided in this Zoning Ordinance, the lawful nonconforming use of any property, as defined in Section 1135.01 of this Zoning Ordinance, existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building, structure, or land does not conform with the use regulations of the district in which it is situated or otherwise conform with the provisions of this Zoning Ordinance, subject to the prohibitions of Section 1149.02 of this Zoning Ordinance.
1149.02 NONCONFORMING USES OF BUILDINGS; ENLARGEMENT, SUBSTITUTION, ETC
Except when required by law or order or permitted under Section 1149.03, no existing building, structure or land devoted to a use not permitted by this Zoning Ordinance in the district in which such building, structure, or land is located shall be enlarged, extended, changed, or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located.
1149.03 CRITERIA FOR APPROVAL
(a) Changes Upon application by the owner in the manner prescribed in the application procedure hereof to the Board of Zoning and Building Appeals, the change to another nonconforming use may be permitted upon finding by the Board that:
(1) The proposed change of a nonconforming use will not increase the burden on public facilities and service such as streets, utilities, schools and refuse disposal imposed by the existing nonconforming use.
(2) The proposed nonconforming use will neither be detrimental nor disturbing to existing uses in the district and will not entail a use which constitutes a nuisance or hazard to any persons in the surrounding use district.
(b) Conditions In granting a change in a nonconforming use, the Board may impose any requirements and conditions regarding the location, character, and other features of the proposed uses or buildings or structures as the Board deems necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the conditions set forth in Division (a) of this Section.
1157.14 ACCESSORY USES AND STRUCTURES
Accessory uses and structures shall only be permitted in association with a principal use or structure. The maximum cumulative size of accessory structures in a Suburban Residential or Village District, including swimming pools, shall not exceed forty percent (40%) of the gross floor area of the primary use (livable area for residential uses), or a 864 square foot footprint for detached garage(s), shed(s) or other storage structures, whichever is less.
(a) The cumulative maximum size of the occupied area of a detached garage(s), shed(s), or other storage structures(s) in a residential zoning district shall not exceed 864 square foot footprint, and shall not exceed a height of thirty (30) feet.
(b) Accessory uses and/or structures within non-residential zoning districts shall not exceed twenty-five percent (25%) of the gross floor area of the primary use.
(c) All accessory structures, including swimming pools and associated decking, shall be constructed within the permitted buildable area of a lot, behind all applicable setback lines, and to the rear or side of the principal structure.
(d) In no case shall an accessory structure or building be located within a recorded easement.
(e) In order to protect property values and encourage neighborhood stability, an accessory building shall have an exterior that is harmonious in appearance to the principal building on the parcel or lot.
(f) The maximum number of accessory buildings on a single lot or parcel shall not exceed two, of which only one may contain more than 144 square feet of gross floor area.
(g) Accessory buildings shall not infringe on sanitary or water systems. The locations of accessory buildings shall comply with all applicable Licking County Health and/or Ohio Environmental Protection Agency regulations.
(h) Accessory buildings shall be appropriately guttered and graded so as not to adversely affect neighboring property owners.
(i) No commercial uses shall be permitted from an accessory building unless otherwise approved as part of a home occupation or commercial/industrial rezoning request.
1157.15 PROHIBITED USES IN A YARD
No person in any Village District, Suburban Residential District or Planned Unit Development District shall store, collect, park, leave, deposit, maintain, reserve, or put aside for future use, or permit, allow, or suffer to remain for longer than sixty (60) days, except in a completely enclosed building or structure, any of the following:
(a) Any lumber or other building materials except those related to projects for which a valid building permit has been issued and except firewood for the personal use on the property;
(b) Any motor vehicle as defined by Ohio Revised Code Section 4511.01, airplane, boat or trailer, except on a driveway or as permitted by this Zoning Ordinance;
(c) Equipment or materials used in the construction trade;
(d) Machinery or household appliances that are not useable and operable;
(e) Furniture capable of harboring rodents; or
(f) Junk or salvage items including mechanical parts, tires, automotive parts, or other moving vehicle parts.
1159.02 PERMITTED AND CONDITIONAL USES
The uses in the Village District are subject to the site plan requirements of this chapter and the architectural review requirements of Chapter 1161, as well as the general provisions of this Zoning Ordinance.
(a) Permitted Uses
(1) Village Residential District
A. Single-family dwellings and accessory uses incidental thereto, such as garages.
B. Nonprofit educational, civic, religious, and social uses which serve and are compatible with other permitted uses in this District.
(2) Village Business District
The uses below are separated into use categories defined by capital letter subheadings. Zoning may be approved for any one or more of these categories (ex.: VBD-A). Should a proposed use not occur in the following list (ex.: a financial planning consultant), the Planning Commission upon application may approve such use if it is closely related to those uses listed in any specific category.
A. Hotels, motels and inns, offering board and lodging.
B. Specialty shops: antique shops, gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops and sporting goods.
C. Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices.
D. Food, drug and beverage businesses: grocery stores, meat markets, drug stores and bakeries in conjunction with retail sales, restaurants and tea rooms.
E. Retail outlets: furniture, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores.
F. Clubs, sororities, fraternities, lodges and meeting places for other
organizations, not including any use that is customarily conducted as a gainful business, and places of assembly.
G. Service businesses: laundromat, dry cleaning and laundry pick-up
stations, barber and beauty shops, shoe repair and tailor shops, printing shops with not more than ten full-time regular employees.
H. Fitness related businesses.
I. Accessory uses, buildings or structures to the previous A-H.
(3) Village Square District
A. Nonprofit educational, civic, religious, and social uses which serve and are compatible with other permitted uses in this District.
B. Uses permitted in the Village Residential District and the Village Business District.
(4) Village Institutional District
A. University and school buildings, including residence halls, food service facilities, classroom buildings and auditoriums.
B. Faculty housing.
C. Sorority and fraternity houses.
D. Passive recreational areas including parks and walkways.
(b) Conditional Uses
(1) Village Residential District
A. Clubs, sororities, fraternities, lodges and meeting places for such organizations, not including any use that is customarily conducted as a gainful business.
B. Home Occupations
(2) Village Business District
A. Parking lots
B. Mortuaries
C. Gas stations
D. Banks (including drive-in banks), finance and utility
E. Single family residential
F. Bed and Breakfasts
(3) Village Square District
A. Cultural uses
(4) Village Institutional District
A. Active recreational uses such as play fields or skating rinks where a large number of participants and/or spectators can be anticipated.
B. Parking lots to service a university or school.
1159.03 PERFORMANCE OR DEVELOPMENT STANDARDS
(a) Minimum Lot Area The minimum lot area shall be determined by aggregating the parking requirements, yard requirements, setback requirements and lot coverage requirements.
(b) Lot Coverage Lot coverage shall not exceed fifty percent (50%) for structures, driveways or driveway areas within the VRD. Lot coverage shall not exceed seventy percent (70%) for structures, driveways, driveway areas or loading areas in the VBD and VID. Sidewalks may be included in the calculation of open area where there is special landscape or pedestrian elements. Lot coverage may be increased to eighty?five percent (85%) in the VBD if the applicant provides adequate landscaping, pedestrian conveniences, such as benches, special ornamental lighting, etc. upon acceptance and approval by the Planning Commission. In the case of reconstruction in the VRD, ground coverage may be equal to what it was previously. Lot coverage within the VSD shall not exceed fifty percent (50%).
(c) Minimum Lot Width; Side Yards; Rear Yards Side yards and rear yards shall be a minimum of ten feet.
(d) Required Front Yard The required front yard or building setback line shall be determined by the existing line established by the remaining buildings on that block front. Any new construction or additions to existing structures shall maintain present setback lines.
(e) Parking Requirements
(1) For permitted and conditional uses within the VRD, all required parking is to be provided on site. For permitted and conditional uses within the VBD, VSD, and the VID, the Board of Zoning and Building Appeals shall have the right to grant variances from the parking requirements listed under the parking regulations upon a showing by the applicant in accord with the standards of Chapter 1147.
(2) Access to such parking areas shall be permitted only in accordance with the provisions of Section 1183.04(f)
(3) Notwithstanding the requirements set forth in the above sub sections, in the Village Business District (VBD), where the change of use is form any of the uses set forth in 1159.02(a)(2) to another of the uses set forth in that section and does not result in a greater parking requirement than the existing use, as determined by the Zoning Inspector, then, as to parking requirements, a Board of Zoning and Building Appeals review is not required.
(f) Other Requirements
(1) All applicable requirements of the landscaping, sign, architectural review and general regulations of this Zoning Ordinance shall be met.
(2) Outdoor storage or display of merchandise on public sidewalks shall be prohibited unless written application is made and approval granted by the Village Manager or his/her designee.
1159.04 SITE PLAN APPROVAL REQUIRED
In addition to requirements imposed by Chapter 1161 and any other requirements of this Zoning Ordinance, and as a prerequisite to the issuance of a Zoning Permit in the Village District, new construction, exterior modifications and structural alterations to existing buildings in the Village District shall be permitted only upon application and approval of a site plan submitted in accordance with this section.
(a) Site plan requirements for new construction on a vacant lot within the VBD, VRD, VSD and VID:
(1) Structures All existing surrounding structures and the proposed structures shall be shown with all building measurements, descriptions of use, location of expected entrances and exits, service and pedestrian areas, building elevations, and a description or sample of materials to be used in construction. The applicant shall also submit a drawing that shows the location of buildings (with measurements) on adjacent lots.
(2) Traffic All points of ingress and egress onto public roadways or alleys shall be shown, including anticipated location and size of all curb cuts.
(3) Parking layout All proposed parking spaces, access to parking spaces, and other paved areas proposed on the site are to be indicated.
(4) Landscaping and site treatment As applicable, proposed landscaping and other site design treatment, including lighting plans, shall be indicated.
(b) Site plan requirements for any exterior modification or structural alteration of any existing structure and/or changes to the present utilization of an existing lot.
(1) A site plan, unless waived by the Planning Commission, is required, drawn to
scale, illustrating the existing site in question; all surrounding buildings, all buildings on adjacent lots, and the proposed structural or exterior changes, including any changes in parking layout, landscaping, screening, fences, walkways, signs and other relevant structures and fixtures shall be shown. In addition, the relationship to surrounding structures, elevations showing the proposed changes, and a description or sample of materials to be used for this project may be required as described below.
(2) The Planning Commission may waive those plan requirements listed above upon determination that full compliance with the requirements is not necessary for a determination upon a specific application.
(c) At the request of the applicant, site plan requirements described above may be submitted and acted upon in two phases as outlined in Section 1161.03(d).
1159.05 PROCEDURE FOR APPROVAL
(a) An application for a Zoning Permit in the Village District shall be submitted with eleven copies, (unless a lesser number is established), of the required plan to the Zoning Inspector. Each application, for Village Business District (VBD) properties, shall state the use category or categories, as set forth in Section 1159.02(a) (2), for which approval is sought.
(b) After staff review and recommendations, the application and plans shall be forwarded to the Planning Commission for hearing and recommendation. The Planning Commission may request additional information. In determining the acceptability of the site plan, the Planning Commission shall consider the following:
(1) Setbacks
(2) Distances between buildings
(3) Yard space and adequacy of open space in accordance with lot coverage standards
(4) Traffic accessibility and parking layout
(5) Compatibility and building height
(6) Findings as to style of architecture in relationship to surrounding uses in accordance with the standards set forth in Chapter 1161
(7) Building materials
(8) Storm drains considerations, if applicable
(9) For Village Business District (VBD) properties, the existing use category or categories as established by Section 1159.02(a)(2) whether such property has previously received formal category designation or otherwise
(c) After hearing and consideration, the Planning Commission shall approve or deny the application and site plan, or approve the application and site plan with modifications. For Village Business District (VBD) properties, the Planning Commission shall, in its approval or its approval with modifications, designate which use category or categories set forth in Section 1159.02(a) (2) are approved.
(d) In all circumstances the site plan and the use category or categories designated shall be considered a condition of approval of the application. Any construction must start within twelve months and be completed within twenty-four months from the date of final approval. With the approval of the Zoning Inspector, subsequent minor modifications of the approved site plan may be made, provided such changes do not alter the essential character, as determined by the Zoning Inspector, of the original plan as approved or alter the use category or categories approved. If the Zoning Inspector determines that such changes are significant, the site plan shall be resubmitted to the Planning Commission for approval as a new application. Any new construction or exterior modifications or structural alterations to existing structures which proceed prior to final approval of the site plan shall be deemed to be an abatable nuisance.
1161.01 PURPOSE AND BOUNDARIES
The Village of Granville was first settled in 1805. Buildings in the community reflect the architectural styles of every period from the early nineteenth century to the present and demonstrate the Village's ties to the past. The Village District itself has become a source of pride, enjoyment and prosperity to the residents of the entire area. It attracts many visitors each year. In the interest of promoting and protecting the public health, safety, general welfare and prosperity, there is hereby established the Architectural Review Overlay District which shall have the boundaries as shown on the Official Zoning Map. The District may be expanded by amendment to this chapter.
1161.02 ZONING PERMITS REQUIRED
The purpose of the Architectural Review Overlay District is to preserve and encourage good architectural styles within the Village, reflecting the distinct phases of the Village's history. Therefore, in addition to the other requirements of this Zoning Ordinance, all applications for Zoning Permits in the Architectural Review Overlay District which propose new construction, exterior modification and/or structural alteration shall be subject to review and approval by the Planning Commission to determine that the proposed new construction, exterior modification or structural alteration:
(a) Is stylistically compatible with other new, renovated and old structures in the Village District.
(b) Contributes to the improvement and upgrading of the historical character of the Village District.
(c) Contributes to the continuing vitality of the District.
(d) Protects and enhances examples of the physical surroundings in which past generations lived.
1161.03 CONTENTS OF THE APPLICATION
(a) The application shall contain, in addition to the information required by Chapter 1159:
(1) Elevation showing the proposed changes.
(2) A description of or a sample of materials to be used in the proposed project.
(3) Where the proposal is for renovation or modification of an existing structure, the original date of construction of the building, if known.
(4) Site plan, including massing and relationships to surrounding structures.
(b) The applicant may submit photographs, sketches or other material to illustrate the proposed project. The Planning Commission may request such additional information as is deemed necessary to review the application for compliance with this chapter.
(c) If the application is submitted in conjunction with an application for new construction, a change in use, or rezoning, the plan review shall occur simultaneously with the architectural review. All applications for architectural review shall be acted upon by the Commission within thirty days (unless waived by the applicant) from the date the application was received by the Zoning Inspector. The Commission approve the application as submitted, may conditionally approve the application, or may reject the application.
(d) Alternative Zoning Permit Procedures
(1) At the request of the applicant, an application for a Zoning Permit may be submitted and acted upon through a two-phase schedule. Such application shall be submitted to the Village Manager or his/her designee and forwarded to the Planning Commission for review. Information required to be submitted for Phase I shall be as follows:
A. Scope of project
B. Special architectural design problems
C. Schematic drawings
D. Incorporation of codes, standards and regulations
E. Outline of materials being considered
F. Conceptual sketch of exterior elevations and massing
(2) Upon receiving the application, the Planning Commission shall set a hearing on the application within thirty days from the date of receipt of the application. The Planning Commission shall act upon the application within thirty days from the date of the completed hearing (a hearing may be continued to a subsequent meeting). The Planning Commission may approve or deny the first phase of the application. If approval is granted by the Planning Commission for Phase I, the applicant shall have four (4) years from the date of such approval to submit Phase II to the Planning Commission.
(3) Upon approval of Phase I, the Planning Commission shall give the applicant a letter of approval for the approved phase with reference to the documents submitted to it.
(4) When the applicant is ready to submit Phase II to the Planning Commission, an application shall be submitted to the Village Manager or his/her designee for review. This application for Phase II shall contain:
A. Dimensional drawings
B. Materials to be used
C. Final sketch of exterior elevation
D. Final working drawings, details and specifications for construction
The Planning Commission shall set a hearing date within thirty days from the date of receipt of the application for Phase II. After the hearing, the Planning Commission shall have thirty days to either approve or deny Phase II.
(5) If the Planning Commission approves Phase II, a Zoning and Architectural Permit shall be issued.
(6) The Planning Commission may consider both phases simultaneously if requested by the applicant.
(7) With the approval of the Planning Commission, modifications may be made to elements of any phase which has previously been approved.
1163.01 PURPOSE AND INTENT
It is the intent of the Suburban Residential District to insure that new development is compatible with existing residential development, and through a series of sub districts (SRD?A, SRD?B, and SRD?C), based upon lot size, provide for a transition from the lots in the Village District to the larger lots more typical of rural and township development, and to provide meaningful open space and protect scenic corridors. The district is also intended to provide for uses that customarily support residential facilities, such as schools and churches.
1163.02 PERMITTED AND CONDITIONAL USES
(a) Permitted Uses, All Sub-districts
(1) Single?family dwellings, subject to the requirements listed below.
(2) Public parks, playgrounds, recreation and community center buildings and grounds; golf courses, public swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature, provided that any principal building or swimming pool used therefore shall be located not less than 150 feet from any other lot in any R?District.
(3) Accessory uses such as garages.
(4) Nonprofit educational, civic, religious, and social uses which serve and are compatible with other uses in this District.
(5) Home occupations.
(b) Conditional Uses, All Sub districts (except where specified)
(1) Multi?family (SRD?C only), lodging houses
(2) Nursing homes and children's nursery or day care centers.
(3) Clubs, sororities, fraternities, lodges and meeting places for other organizations, not including any use that is customarily conducted as a gainful business.
1163.03 DEVELOPMENT STANDARDS
(a) Lot and Building Requirements by Sub district
MINIMUM YARDS
Min. Frontage* Total Max.
Lot To A Side Min. Bldg. Max. Zoning
Area R-O-W Front Side Yard Rear Lot Height
District (Sq. Ft.) (Feet) (Feet) (Feet) (Feet) (Feet) Coverage(Feet)
SRD-A 20,000 90 35 14 30 50 15% 30
SRD-B 10,000 75 30 12 26 40 20% 30
SRD-C 8,000 65 30 10 21 40 25% 30
* Frontage applies to all publicly dedicated roadways, constructed to the Village Street Construction Standards.
(b) Parking and Accessory Buildings
(1) With the exception of a single-family housing unit driveway, no parking shall be permitted within the front yard setback.
(2) No driveway or parking area shall be within five feet of a side lot line; or ten feet for multi-family dwellings.
(3) No driveways or parking areas shall be within ten feet of a rear lot line.
(4) For accessory buildings, such as detached garages: minimum yard requirements shall be the same as required for main structures, except in all cases the minimum distance between an accessory building and the rear property line shall be fifteen feet.
(c) Site Development Requirements In all cases all applicable requirements of the sign, parking, landscaping and subdivision regulations shall be met.
(d) Site Plan Required for Conditional Uses - Except for home occupations, and unless waived by the Planning Commission, a site plan shall be required for conditional uses that indicate:
(1) A traffic and parking system plan that details points of ingress and egress, parking areas with the spaces numbered, access drives and pedestrian walkways. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movements. Walkways shall be designed and built in a manner that provides for consistency and continuity of character and materials. Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses, for multi-family units shall be encouraged.
(2) Storm drainage runoff collection points shall be indicated.
(3) Outdoor trash container systems shall be specifically located and screening shall be provided to enclose such containers from view.
(4) A landscape and outdoor lighting plan.
(5) The applicant shall design and provide a program to control other nuisances related to the carrying out of the land use.
(e) Planning Commission Approval Required
(1) Review and approval by the Planning Commission would also be required for any new structure.
(2) In any application where an addition, expansion, renovation or remodeling to an existing structure is proposed, if the new enclosed square footage is greater than 20% of the existing structure, the application must follow the guidelines of the Architectural Review Overlay District (AROD). This includes all development requirements outlined in Chapter 1161 and review and approval by the Planning Commission.
1167.02 PERMITTED AND CONDITIONAL USES
(a) Permitted Uses
(1) Sales at wholesale or retail, of building materials, paint and other hardware items; lumber and milling operations and products, plumbing, heating and electrical supplies; other home maintenance and improvement sales to the general public; automotive parts supplies; and also manufacture, fabrication or assembly of such products for on?premises sale, providing that no such activity shall be permitted which is objectionable, due to noise, fumes, smoke, odor, vibration, or related environmental or social interests.
(2) General business services, duplicating, addressing, reproduction operations, stenographic, mailing services, advertising services, newspaper operations, sheet metal shops, sign painting shops and mechanical and metalworking contractors.
(3) Business machine service and repair operations; repair of small mechanical items such as watches and clocks; electrical appliances and other durable item service and repair; automotive mechanical and body repair and service.
(4) Farm and garden?related, milling operations, storage and sales of grain and livestock feed; retail sale or rental of farm implements and products; and sale of livestock and related activities, including temporary storage, providing such operations are not detrimental to surrounding interests.
(5) General equipment, materials and heavy vehicle storage, and sales and related interests, offices and facilities for general contracting, heavy equipment contracting, mechanical, metalworking and electrical contracting and facilities for warehousing, storing and selling materials and equipment used in such businesses; storage yards or plants for rental or sale of construction equipment; building materials yards; chemical packaging, sales and storage; concrete, masonry, sheet metal, plumbing and heating shops and facilities for warehousing, storing and selling materials and equipment used in such businesses.
(6) Car wash operations.
(7) Trade or business schools, provided machinery which is used for instruction is not objectionable due to noise, fumes, smoke, odor or vibration.
(8) Research testing and development activities within entirely enclosed buildings, which are not objectionable due to noise, fumes, smoke, glare, odor, vibration or related environmental or social interests.
(9) Retail outlets: drug stores, variety stores, hardware stores.
(10) Retail food preparation: specialty food shops, ice cream stores, delicatessens; all of which shall be limited to on premise sales only.
(11) Specialty shops: video rental stores, and clothing consignment stores.
(12) Service, and places of assembly: dry?cleaning and laundry pick?up stations, Tanning facilities.
(13) Business and professional offices: medical and dental offices and clinics, Insurance offices, real estate offices.
(b) Conditional Uses
(1) Light manufacturing, industrial and assembly operations which are not objectionable due to noise, fumes, smoke, glare, odor, vibration or related environmental or social interests.
(2) Automotive related retail sales, including new and used car dealers and miscellaneous marine, motorcycle or similar dealerships.
(3) Retail sale or rental of recreational vehicles such as campers, trailers and other such vehicles, principally for recreational use, being sold or rented separately or in conjunction with a permitted use.
(4) Movers and moving equipment with temporary, limited storage of moved goods.
(5) Residential uses: single?, two? and multi family.
(6) Daycare facilities.
(b) Interpretation of this Section Each use must have its own independent approval, whether permitted or conditional.
1167.03 DEVELOPMENT STANDARDS
(a) The Village Planner shall require a site plan and perform an architectural review of all developments proposed pursuant to this Chapter. The site plan shall indicate:
(1) A traffic and parking system plan that details points of access, identified and numbered parking spaces, and pedestrian walkways. The plan shall be so designed to minimize conflict points between pedestrian and vehicular movements. Minimizing the number of curb cuts within the lot frontage and joint curb cuts between adjacent uses for multi?family units and commercial business centers shall be encouraged.
(2) Storm drainage runoff collection points.
(3) Outdoor trash container systems shall be specifically located and screening shall be provided to enclose such containers from view.
(4) Landscape and outdoor lighting plans.
(5) The applicant shall design and provide a program to control other nuisances related to the carrying out of the land use.
(b) Lot Requirements
(1) Minimum lot area None, except that lot size shall be adequate to meet all yard parking requirements.
(2) Minimum lot width None, except that all lots must abut a public street and have adequate width to meet parking and yard requirements.
(3) Parking areas Parking may not be provided in the front of structures, but shall be provided at the rear or side of structures. Parking areas shall be no closer to main structures than five feet and shall not be located within ten feet of any lot line. Parking areas adjacent to a residential district shall be screened.
(c) Building Requirements
(1) Maximum height: thirty feet.
(2) Any accessory buildings shall have the same requirements for yards as main buildings.
(3) Storm drainage collection points shall be indicated and outdoor trash containers
shall be specifically located and sufficiently screened to avoid nuisance to and avoid being viewed from surrounding properties.
(4) The screening of open lot storage from all abutting and adjacent lots shall be required.
(5) Setbacks: Side and rear yards shall have a setback of eight feet, and front yards shall have a setback of twenty feet.
(6) Retail outlets, retail food preparation, specialty shops, and service, and places of assembly as itemized in Section 1167.02(a)(9) to (12) respectively, shall be no larger than 12,000 square feet for any single tenant or use.
1175.02 PERMITTED AND CONDITIONAL USES
(a) Permitted Uses
(1) Retail outlets: furniture, clothing, jewelry, drug, shoe and variety stores, hardware, appliance, lighting, paint and wallpaper stores.
(2) Retail food preparation: meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities all of which shall be limited to on-premise sales only.
(3) Specialty shops: antique shops, gift shops, magazine, book stores, card shops, stationery stores, florist shops, arts and crafts supplies stores, bridal shops, health food stores, musical instruments stores, music stores, bicycle stores, toy stores, audio equipment stores, video equipment stores, china stores, glassware stores, linen stores, computer stores, software stores, quilting stores, fabric stores, office supply stores, picture frame stores, video rental stores, camera and photography shops and sporting goods outlets.
(4) Service, and places of assembly: laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, copy shops, and civic structures, religious structures and other places of assembly.
(5) Business and professional offices: medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, certified public accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, and stock brokerage offices.
(b) Conditional Uses
(1) Mortuaries and funeral homes.
(2) Gas stations, restaurants and all other traffic oriented commercial establishments.
(3) Banks, finance and utility company offices.
(4) Grocery stores, convenience stores, hotels, motels and inns.
(5) Single family, two-family and multifamily residential units.
(6) Retirement community, nursing homes, assisted living structures and child care/preschool facilities.
(7) Recreational facilities and entertainment uses.
(8) Drive-ins, drive-ups, or drive-through areas in conjunction with a permitted, or approved conditional use, except, that drive-up, drive-through, or drive-in facilities shall not be permitted in or at any fast food enterprise, or any enterprise involving the sale of beverages (for the purposes of this section, a fast food enterprise is a business engaged in the sale of pre-prepared or quickly prepared food and beverages, usually in disposable containers and wrappers, for consumption either on or off premises, in a facility in which a major portion of the food and beverage sales to patrons are at stand-up type counters or drive-in, drive-up, or drive-through arrangements)
(9) Garden center.
(c) Interpretation of this Section Each use must have its own independent approval, whether permitted or conditional.
1175.04 SITE PLAN APPROVAL REQUIRED
An application and site plan is required for all new construction, exterior modification or structural alteration in the Suburban Business District. The application and site plan shall show the following:
(a) Drawings sufficient to determine adherence to the requirements of the Zoning Ordinance, including: all proposed and neighboring structures shall be located, and the drawings shall delineate the type, color and nature of materials used as well as show square footage, tenant types and expected entrance(s), service and pedestrian areas for the plan, and floor plans and elevations. A sample of exterior materials to be used in the proposed project shall be included as determined necessary by the Planning Commission (except in the case of brick and natural or cultured stone where samples are always required).
(b) Traffic Improvement Plan All points of ingress and egress into public roadways and the overall traffic distribution scheme shall be shown, indicating traffic flow patterns and traffic control points. The criteria that must be followed includes:
(1) Combined curb cuts, especially for any uses that are incorporated in a commercial development;
(2) Minimization of conflict points between auto and pedestrian traffic to include adequate design and demarcation of pedestrian walkways and bikeways from parking and/or driveway areas;
(3) Service traffic separation from customer and commuter traffic;
(4) Service drives or other such improvements may be required if area traffic conditions warrant.
(c) Parking and Utilities The proposed provision of all utilities, storm drainage retention and/or detention, trash collection systems and the lighting system shall be specifically detailed. A detailed parking layout shall be shown to include the following:
(1) Number of spaces indicated by total number of on-site spaces and to be summed by row;
(2) Access points and expected movement through and between separate parking areas;
(3) Expected pedestrian access routes from parking areas to structures.
(d) Landscaping All proposed site landscaping shall be indicated as to type and size of material to be used, proposed locations, and other features.
(e) A site analysis plan which includes and identifies, at minimum, basic topography, existing vegetation, location of wetlands (as defined in Section 404 of the Clean Water Act and federal regulations implementing that section), 100-year floodplains slopes exceeding twenty-five percent(25%), soils subject to slumping as indicated on the medium-intensity maps contained in the county soil survey published by the USDA Natural Resources Conservation Service, land required for street rights-of way, and land under or required for the purposes of this plan to be under permanent easement prohibiting future development (including easements for drainage, access and utilities), and historical sites, structures, and plantings.
(f) Any other plans determined necessary by the Planning Commission for assessing conformance to this Chapter 1175.
1175.05 PROCEDURE FOR APPROVAL
(a) Application for a Zoning Permit in the SBD shall be submitted with eleven complete copies of the required site plan (except for any required samples of exterior materials where only one sample of each material is required), to the Zoning Inspector. Applications must be completed in order to be processed. However, partial processing of an application by the Village does not eliminate the requirement for providing further information as necessary to meet the review as described in this Chapter 1175. The time frames as established in Section 1141.05 shall be applicable.
(b) After staff review and recommendations, the application and plans shall be forwarded to the Planning Commission for hearing. The Commission may request additional information from the Zoning Inspector in order to make its recommendation. In determining the acceptability of the site plan, the Commission shall consider all of the requirements in the development standards and design guidelines of Section 1175.03.
(c) In the case of an application for one or more conditional uses and/or applications involving one or more variances, after the hearing and consideration, the Commission shall, either with or without application modifications, approve the application contingent on the applicant obtaining the approval, under the application as contingently approved by the Commission, of the Board of Zoning and Building Appeals of any conditional uses(s) and variance(s), or deny the application. In all other cases, after the hearing and consideration, the Commission shall approve or deny the application, or approve with modifications.
(d) Thereafter, the Zoning Inspector shall issue a Zoning Permit. In all circumstances, the site plan shall be considered a condition of approval of the application. Construction must start within twelve months and be completed within twenty-four months from the date of final approval. With approval of the Zoning Inspector, subsequent minor modifications of the approved site plan may be made, provided such changes do not alter the essential character, as determined by the Zoning Inspector of the original plan as approved. If the Zoning Inspector determines that such changes are significant, the site plan shall be resubmitted to the Commission for approval as a new application. Any new construction, exterior modification or structural alteration to existing structures which proceed prior to final approval of the site plan shall be deemed to be an abatable nuisance.
(e) Appeals Appeals from decisions of the Commission on an application for site plan approval may be had as provided in Chapter 1141.
1183.01 OFF-STREET PARKING GENERALLY
Surfaced off-street parking shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley. Parking of vehicles shall not be permitted in the front yard of any use in any Village, Suburban Residential (see, however, 1163.03 b(1)), Community Service, Planned Development, or Suburban Business District. Parking lots for off-site commercial uses shall not be permitted within a residentially zoned district. Such provisions shall not apply to uses within a residentially zoned district that are permitted or conditionally permitted and are commercial in nature.
1183.02 NUMBER OF PARKING SPACES REQUIRED
The number of off?street parking spaces required shall be as set forth in the following schedule:
Uses Parking Spaces Required
Automobile or machinery sales
and service garages 1 for each 600 sq. ft. floor area
Banks, savings and loans, business
and administrative offices 1 for each 400 sq. ft. floor area
Boarding, rooming, fraternity,
sorority or lodging houses 1 per sleeping room
Bowling alleys 7 for each alley
Churches and schools 1 for each 5 seats in an auditorium or 2 for each classroom, whichever is greater
Dance halls and assembly halls 1 for each 100 sq. ft. of floor
without fixed seats, exhibition area
used for assembly or dancing halls
except church assembly rooms in
conjunction with auditorium
Drive?in restaurants and
fast food outlets 1 for each 50 sq. ft. of floor area
Dwellings 2 for each family or dwelling unit
4 for each parlor or 1 for each 50 sq. ft. of floor area
Furniture and appliance stores, 1 for each 400 sq. ft. of floor area
household equipment or furniture
repair shop
Hospitals 1 for each bed
Libraries, museums or art 1 for each 400 sq. ft. of floor area
galleries
Manufacturing plants, research 1 for each 3 employees in the maximum working shift
or testing laboratories, or 1,200 sq. ft. of floor area, whichever is greater
bottling plants,
over 1,000 sq. ft. in area
Medical or dental offices 1 for each 150 sq. ft. of floor area
Motels and motor hotels 1 for each living or sleeping unit
(not including restaurant facilities)
Recreational uses to be established by Planning Commission
Restaurants 1 for each 200 sq. ft. of floor area
Retail stores, shops, etc. 1 for each 150 sq. ft. of floor area
Sanitariums, convalescent homes, 1 for each 2 beds
Children's homes
Service-related uses such as 1 for each 2 employees plus
printing or plumbing shops one for every 2 vehicles used for service or delivery
Shopping Centers 7 for each 1,000 sq. ft. of leasable floor area;
"leasable floor area," as used in this chapter,
means the gross building floor area, excluding
hallways, elevator shafts, stairways and similar areas
Sports arenas, auditoriums, theaters, 1 for each 4 seats
Assembly halls, other than schools
Wholesale establishments or warehouses 1 for each 3 employees on maximum shift
or for each 3,000 sq. ft. of floor area,
whichever is greater
Additional uses not specifically listed To be established by Planning Commission
Section 3. That existing section 1189.03 is hereby amended by changing the following numbered paragraph thereof, without reprinting the entire section. All other parts thereof remain in force and effect.
1189.03 DEFINITIONS AND INTERPRETATION
Words and phrases used in this ordinance shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the zoning ordinance of the Village shall be given the meanings set forth in such ordinance. Principles for computing sign area and sign heights are contained in Section 1189.04. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings for captions are for reference purposes only and shall not be used in the interpretation of this ordinance.
(a) "Banner" means any sign or lightweight fabric or similar material that is mounted to a pole or a building by a frame at one or more edges. National, state, municipal, or institutional flags shall not be considered banners. Corporate or business flags will be considered banners under this ordinance.
Section 4. That all previous existing sections inconsistent with the revisions above are hereby repealed.
Section 5. This ordinance shall become effective upon the earliest date allowed by the laws of the State of Ohio and the Charter of the Village of Granville.
Passed this 7th day of January, 2009.
