Granville Community Calendar

Ordinance 03-1989

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BY:
AN ORDINANCE TO AMEND SECTIONS OF THE CODE OF ORDINANCES OF THE
VILLAGE OF GRANVILLE ESTABLISHING PLANNING AND ZONING REGULATIONS
AND TO REPEAL EXISTING SECTIONS OF THE CODE OF ORDINANCES.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO, that:
Section I: Sections 1137, 1139, 1145, 1147, 1149,1159, 1161,
and 1171 of the Code of Ordinances of Granville,
Ohio, are hereby amended as follows:
Section 1137.01 COUNCIL POWERS AND DUTIES.
Council shall have the following powers with respect to the
administration and enforcement of this Zoning Ordinance:
a) To initiate and enact amendments to the provisions of
this Ordinance. Council may submit such amendments to the
Development Commission for recommendation and review.
b) To change or amend the provisions of this Ordinance or the official zoning map in accordance with recommendations
initiated by the Development Commission.
c) To hear and decide appeals from decisions of the
Development Commission and the Board of Zoning and Building
Appeals as hereinafter provided.
Prior to hearing an appeal, Council shall be advised by the
Law Director and the Village Manager that all appeal procedures
have been completed. Findings of fact by the Development
Commission or the Board of Building and Zoning Appeals shall
accompany each appeal and shall be forwarded to Council by the
Village Clerk. Hearing shall be held on each appeal within
thirty (30) days of the filing of a notice of appeal with the
Village Clerk. Council shall render its decision within ten (10)
days after hearing. Council may uphold, reverse, modify for further proceedings the decision or remand appealed from. If it is
determined by Council that the facts presented by the appellant
are substantially different from the findings of fact determined
by the Development Commission or the Board of Zoning and Building Appeal, the appeal may be returned to the Commission or to the Board for further consideration.
Section 1139.04(d) Review and approve, disapprove or
approve with modifications, applications for conditional use as provided for in Chapter 1145 of this Zoning Ordinance and to attach to such conditional use or make whatever conditions are deemed necessary to meet the objectives of this Ordinance.
Section 1139.04 e( ) Review and approve, disapprove or approve with modifications, applications f6r substitution of a nonconforming use as provided in Chapter 1149 of this Zoning Ordinance and to attach to such substitution whatever conditions
are deemed necessary to meet the objectives of this Ordinance.
Section 1139.05 DECISIONS OF THE BOARD OF ZONING AND BUIIDING APPEALS.
All applications filed with the Board of Zoning and Building Appeals shall be heard within thirty days of the date of filing. Notice of the date set for hearing shall be published in one or more local newspapers of general circulation in the Village. Notice to property owners listed in the application shall be by ordinary U.S. Mail or by personal service at least fifteen days prior to the hearing date. The notice shall state the date,
ORDINANCE NO. 3-89
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Ordinance No. 3-89
Page 2
time, the place of hearing, the name of the applicant, and the
nature of the proposed application. The Board shall decide all
applications and appeals within forty- five days after the date of
filing, unless waived by the applicant or appellant. The Board's
decision shall be in writing, shall be accompanied by a findings
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 the applicant or
appellant, and to the Zoning Inspector. Such decision shall be
binding upon the Zoning Inspector and observed by him. He shall
incorporate the terms and conditions of the decision in the
permit to the applicant or appellant, whenever a permit is
authorized by the Board.
Section 1139.06 APPEALS FROM DECISIONS OF THE BOARD OF
ZONING AND BUILDING APPEALS.
Any person who. is aggrieved or affected by a decision of
the Board of Zoning and Building Appeals shall have the right to
appeal to the Village Council. The appeal shall be filed with
the Village Clerk not later than ten (10) days after the decision
of the Board is transmitted to the applicant or the appellant by
the Secretary of the Board or within ten (10) days after the
filing of the decision of the Board in the Village office,
whichever shall last occur.
Section 1141.04 POWERS; DUTIES.
The duties of the Development Commission are as follows:
a) Review proposed amendments or rezonings and make
recommendations to Council;
b) Review and act upon applications for new construction,
exterior modification andor/ structural modifications in the
Village District as provided in Chapter 1159 and Chapter 1161 and
autliori ze the issuance, the issuance with conditions or the
denial of a Zoning Certificate by the Zoning Inspector;
c) Review and approve, or deny, or approve with modifications
subdivision platting and development plans for Planned
District applications with reference to the provisions of
the Zoning Ordinance and the Subdivision Regulations;
d) Initiate amendments to the Zoning Ordinance andor/ make
such planning or zoning recommendations to Council as are deemed
necessary;
e) Review applications for zoning certificates requiring
architectural review and recommend to the Zoning Inspector the
issuance, issuance with conditions or denial of such applications;
f) Perform such other duties as may be required by
ordinance or requested by Council.
Section 1141.06 Procedure for Decisions of the Development Commission Except as otherwise herein provided, all applications
which are referred to the Development Commission for action in
accordance with Chapter 1159 and Chapter 1161 shall be heard within thirty (30) das¥from the date of filing. 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 shall be sent by ordinary U. S. mail or by personal service at least fifteen (15) days prior to the hearing date.
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Ordinance No. 3-89
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The notice shall state the dateti,m,e and the place of the
hearing, the name of the applicant and the nature of the application.
The Development Commission shall decided all applications
within forty- five (45) days after the date of filing, unless
waived by the applicant. The decision of the Development
Commission shall be in writing and shall be accompanied by
findings of fact and a statement of reasons for the decision
reach. The decision shall be filed in the Village Office and it
shall become a part of the public record. A copy of the
Development Commission' s decision shall be transmitted to the
applicant by the Village Clerk and to the Zoning Inspector. The
decision of the Development Corrmission shall be binding on the
Zoning Inspector and the applicant until appealed.
Section 1145.01 PURPOSE.
Certain uses more intensely affect the surrounding area in
which they are located than permitted uses in the same zoning
district, and yet if properly controlled and regulated, these
uses can be compatible within the zoning district. To provide
this necessary control, such uses shall be designated as conditional uses and allowable only upon review and approval by
the Board of Zoning and Building Appeals as exceptions to the
strict application of this ordinance. Because of the uniqueness
or special nature of a conditional use with respect to location,
design, size, and method of operation, each such use that comes before the review of the Board shall be considered individually.
Section 1145.02(c)6()C. Such additional information as may be required by this Zoning Ordinance or requested by the Board of Zoning and Building Appeals to review the application.
Section 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 the Zoning Ordinance are met.
b) The proposed use is in accordance with appropriate plans for the area and is compatible with the existing land use.
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 the existing neighborhood uses, and will not entail a use, structure, or condition of operation that constitutes a nuisance
or hazard to any persons or property.
Section 1145.04(A) ( a) Public Hearing. Upon the receipt of an application for conditional use, the Zoning Inspector shall
arrange with the Chairman of the Board of Zoning and Building Appeals for a time for a public hearing to review the application for conditional use as provided in Section 1139.05.
Section 1145.04(c) Procedure at Hearing. The Board shall grant or deny the conditional use application after consideration of testimony and content of the application. It shall apply the criteria listed in Section 1145.03 in reaching its determination. The Board' s decision shall be accompanied by findings of fact and a statement of reasons for the decision reached.
Ordinance No. 3-89
Page 4
Section 1145.04(d) Issuance of Conditional Use Penmit. Upon
approval of the Board of Zoning and Building Appeals, and with
such conditions attached by said Board as may be necessary to
secure the objectives of this Zoning Ordinance, 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 two years 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.
Section 1145.04 (e) fpeals. Appeals from the decision of
the Board of Zoning and Building Appeals may be had by any person
or persons who is aggrieved or affected by said decision as
provided in Chapter 1139 of the Zoning Ordinance.
Section 1147.04 (d) Appeals. Appeals from the decision of
the Board of Zoning and Building Appeals may be had by any person
or persons who is aggrieved or affected by said decision as
provided in Chapter 1139 of the Zoning Ordinance.
Section 1149.02(a) Substitution. Substitution of one
nonconforming use for another shall be deemed an exception to
this ordinance.
Upon application by the owner in the manner prescribed in
Subsection (a) (3) hereof to the Board of Zoning and Building
Appeals, substitution of one nonconforming use for another may be
permitted upon finding by the Board that:
1) The proposed substituted nonconforming use will not
increase the burden on public facilities and service such as
streets, utilities, schools and refuse disposal imposed by the
existing nonconforining use;
2) The proposed nonconforming use will not be detrimental
nor disturbing to existing uses and the district and will not
entail a use which constitutes a nuisance or hazard to any
persons in the surrounding use district.
3) The application for substitution of a nonconforming use
shall include:
B.
ion is made;
A. Name, address and telephone numbear/pplicant;
The address of the property for which the applicat-
C. The description of the present nonconforming use,
the proposed nonconforming use and the use district in which the
building is located;
D. List of the property owners within two hundred feet
of the proposed use;
E. Statement of the owner setting forth facts which
justify a finding by the Board of Zoning and Building Appeals
granting the application;
F. A plot plan showing surrounding structures and
their uses, entrances, exits, street and sidewalk areas, points
of ingress and egress onto public roadways and alleys, all
proposed and existing parking.
Ordinance No. 3-89
Page 5
Upon filing of the application, the Zoning Inspector shall
calendar the application for hearing by the Board of Zoning and
Building Appeals on a date not more than thirty days from the
date of filing. All further proceedings of the Board of Zoning
and Building Appeals shall be in accordance with Section 1139.05.
b) Hearing. The Board of Zoning and Building Appeals
shall deny the application unless it finds the facts set forth in
the application and otherwise presented to it support the
findings required by subsection (a) hereof. The Board shall make
its finding upon the application within ten (10) days of the
hearing. The decision shall be accompanied by findings of fact.
c) Appeals. Any person or persons who is aggrieved or
affected by the decision of the Board and Building Appeals shall
have the right of appeal as provided in Chapter 1139 of the
Zoning t(dinance.
Section 1159.03(c) Minimun Lot Width;Side Yards;Rear Yards.
Side yards and rear yards shall be a minimum of ten feet.
Section 1159.04 SITE PLAN APPROVAL REQUIRED.
In addition to the requirements imposed by Chapter 1161 and
any other requirements of this Zoning Ordinance, and as a prerequisite to the issuance of a zoning certificate by the
Zoning Inspector in the Village District, new construction,
exterior modifications and structural modifications to existing
buildings in the Village District shall be permitted only upon application and approval of plans submitted in accordance with
this section.
Section 1159.05 PROCEDURE FOR APPROVAL.
a) Application for Zoning Certificate in the Village
District shall be submitted with eight copies of the required
plan, unless otherwise waived, to the Zoning Inspector.
b) After staff review and recommendations, the application
and plans shall be forwarded to the Development Commission for hearing and recommendation. The Development Corrmission shall hold a hearing no later than thirty days from the date the
application is submitted to the Zoning Inspector. The
Development Commission may request additional information to make
its recommendation to the Zoning Inspector. In determining the acceptability of the site plan, the Development 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
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Ordinance No. 3-89
Page 6
c) After hearing and consideration, the Development
Corrmission shall approve or deny the application or approve the application upon the fulfillment of conditions.
d) Thereafter, the Zoning Inspector shall issue or refuse
to issue a zoning certificate. In all circumstances the site
plan shall be considered a condition of approval of the application.
The applicant shall obtain building permits within one
year from the date of approval. With the approval of the
Development Commission, subsequent minor modifications of the
approved site plan may be made, provided such changes do not
alter the essential character, as determined by the Development
Commission, of the original plan as approved. If the Development
Commission determines that such changes are significant, the site
plan shall be resubmitted to the Development 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.
e) Appeals. Any person who is aggrieved or affected by the
decision of the Development Commission on an application for site
plan approval shall have the right to appeal to Council. The
appeal shall be filed with the village Clerk not later than ten
10) days after the decision is delivered by personal service deposited in the or U.S. mail, postage prepaid, return receipt
requested to the applicant or ten (10) days after the decision of
the Development Comnission on the application is filed with the Village Clerk, whichever last occurs.
Section 1161.02 APPLICATION FOR ZONING CERTIFICATES.
The purpose of the Architectural Review 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 certificates in the
Architectural Review District which propose new construction, exterior modification andor/ structural alteration shall be
subject to review by the Development Commission to determine that the proposed new construction, exterior modification or structur- al alteration:
a) Is stylistically compatible with other new, renovated and old structures ln the Village District;
b) Contributes to the improvement and upgrading of the historical character of the Village District;
Contributes to the continuing vitality of the District;
Protects and enhances examples of the physical surroun- dings in which past generations lived.
Section 1161.03(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 Comnission within thirty days from the date the application was received by the Zoning Inspector. The Development Commission may recomnend issuance of the Zoning Certificate as submitted, may conditionally recommend issuance of the Zoning Certificate or may recommend the rejection of the application for a Zoning Certificate to the Zoning Inspector. The Development Commission may recommend to the Zoning Inspector such modifications as it may deem necessary to darry out the purpose and intent of this Chapter.
Ordinance No. 3-89
Page 7
Section 1161.07 APPEALS.
Any person who is aggrieved or affected by a decision of the
Development Commission with respect to an application submitted
for architectural review shall have the right to appeal to
Council. Such appeal shall be filed with the Village Clerk no
later than ten (10) days after the decision of the Development
Commission is filed with the Village Clerk or sent to the
applicant by ersonal service or by deposit in the U.S. mail,
postage prepaid, return receipt requested, whichever shall last
occur.
Section 1171.04(c)
All applications submitted in accordance with this Chapter
of the Zoning Ordinance shall be deemed an application for
amendment or change to this Zoning Ordinance as provided in
Chapter 1143 of the Zoning Ordinance. The procedures therein
provided shall be followed in considering an application for plan
approval in addition to the procedures specified herein.
Section II: Present Sections 1137.01 et sequentia, are hereby
amended to be renumbered as Sections 1137.02 to
1137.07.
Section III: That existing sections 1141.04, 1141.05,
1141.06,1145.01, 1145.02 (a) ,1145.02 (c) (6) C.,
1145.03, 1145.04 (a) c( ) d( ) e( ) ,1149.02, 11590-3
c),1159.04, 1159.05, 1161.02, 1161.03 C),
1161.07, 1171.02 (6) (7),1171.02 (c) ( 6) are
hereby repealed.
Section IV: That this ordinance shall take effect and be in
force from and after the earliest date allowed
by law.
Passed this Ltt
ty.est: --
Clerk of Council
Approved as to form:
62tc*datuif.t/o Law Director
day of lk.LL 1989.
CAlA/,1\4t - /14. / 4/ 2
L Vice Mayor

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