ORDINANCE NO. 40-96
BY: Ne60£0 d1-,
AN ORDINANCE FOR ESTABLISHING A SIX (6)MONTH MORATORIUM ON THE
ISSUANCE OF CERTAIN BUILDING PERMITS,WITH POSSIBLE RENEWAL OF SIX (6)
ADDITIONAL MONTHS IF NECESSARY,PROVIDING FOR THE REVIEW OF THE
COMPREHENSIVE PLAN OF THE VILLAGE,AN DECLARING AN EMERGENCY.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE,
Legislative intent and purposes. The Village Council ofthe Village of Granville,Licking
County,Ohio is intensely concerned with the present zoning law's effect on growth,
development,environmental sensitivity and the health,safety,and general welfare ofthe
Village since adopting the Zoning Code on May 20, 1970,and it has been amended from time
to time since that date. A Comprehensive Plan for the Village of Granville was prepared in
December 1990 by Woolpert Consulting of Dayton,Ohio. Although the Village had made
some use of this Plan,the common knowledge of the Village and its citizens is that the Plan
has not been fully implemented and that its contents do not necessarily reflect the concerns of
this particular locale. Furthermore,the Plan requires Development Controls Review on an
annual basis for the purpose of accommodating new growth and development;this
Development Control Review element has not been implemented.
As an incorporated Village,Granville is a very special place with a great wealth ofhistoric
properties,self- evident aesthetic qualities, significant charitable institutions,and a thriving
economy. However,the Village currently faces significant development and growth pressures and uncertainties. A part ofthe pressure stems from the likely new construction in the area
between the Village of Granville and the City ofNewark. Two uncertainties exist and will
create the need to supplement or amend the Village's Comprehensive Plan and Zoning Code:
first,the possible annexation of a part of Granville Township to the Village which is pending
before the Licking County Commissioners,and, second,the possible merger of the Village
with Graliville Township which is under study. It is reasonably anticipated that,by engaging
in a review and likely revision ofthe Comprehensive Plan and the possible need to extend the
Zoning Code into new Village territory,a rush of applications for new development is likely to
be received from applicants hoping to avoid compliance with a reinvigorated Comprehensive
Plan and/ or the Village's Zoning Code.
The threat of possible damage to the Village from the conditions stated above is substantial
and irreversible,and it is apparent to the Village Council that the character,health,and
general welfare of Granville cannot be protected during this period of uncertainty and revision
by reliance on the current Plan and Code alone.
Recognizing that the completion ofthese efforts and compliance with the necessary legal
requirements and procedures is both time-consuming and subject to long delays,the Village
Council finds that,pending completion ofthe necessary studies,preparations,and hearings
incident to the revision ofthe Comprehensive Plan and any necessary changes in the Zoning Code,and pending the decisions on the annexation and merger issues,reasonable measures must be taken during an interim period to protect the deliberations and thorough review by the public,the Village Council,the Village Planning Commission,and other interested agencies,
any significant new construction or development in the areas or districts where changes are contemplated or possible may destroy,impair,or materially damage the purposes ofthe revision process.
It is the intention ofthe Village Council to protect the integrity ofthe revision process pending its completion,and to prevent the creation of development incompatible or inconsistent with the anticipated Comprehensive Plan provisions a(nd revised Zoning Code)which would violate its basic intent and purpose. It is further the intention ofthe Village Council to provide for the orderly transition within the time necessary to accomplish these tasks by hereby adopting,pursuant to its home rule power in the State ofOhio,interim legislation for a reasonable time during consideration ofthe changes in the Comprehensive Plan,Zoning Code, and the boundaries ofthe Village to protect the public interest and welfare.
Scope and Control. For a period determined according to Section III ofthis ordinance,the Village Planner shall not accept,process,review,or grant building permits for new construction or development in any ofthe following districts as established by the current Zoning Code:
a)Planned Development Districts
b)Suburban Business Districts
c)Transportation Corridor Overlay Districts
Exempted from this prohibition are any applications for single- unit,residential building
permits and any developments in those districts which have received final approval prior to
the effective date ofthis ordinance.
This interim ordinance does not otherwise affect the authority of operation ofthe Village
Planning Commission ofthe Board of Zoning and Building Appeals for matters unrelated to
new construction in the named districts,with the following exceptions:
a)during the period provided for,the Village Planning Commission and the Village Council
shall not accept,process,review or grant approval for the rezoning of any parts ofthe named
districts,regardless ofthe fact that such an application may have been submitted to the
Commission or Council prior to the effective date ofthis ordinance;and
b)during the period provided for,the Board of Zoning and Building Appeals shall not accept,
process,review or grant approval of any conditional use permit applications for properties
within the named districts,regardless of the fact that such an application may have been
submitted to the Commission or Council prior to the effective date of this ordinance.
Duration. The initial period ofthe prohibitions made in this ordinance shall be for six (6)
months if the Village Council determines that the intent and purpose of this ordinance have
been satisfied. In the event that the intent and purposes ofthis ordinance have not been
satisfied during the initial time period,the Village Council may renew this ordinance and
extend its effective period by six ( 6)months,or the period of time its deems necessary.
However,under no circumstances shall the effect of this ordinance extend beyond twelve (12)
months from the original date of passage.
Conflicts with other laws. This ordinance is enacted pursuant to the provisions ofthe Village
of Granville charter and the home rule provisions ofthe State of Ohio. During the time that
this ordinance is in effect,it shall take precedence over and shall be considered controlling
over contrary ordinances and regulations of the Village and,when permitted by law,State
Enforcement. This ordinance shall be enforced by the Village Zoning Inspector. It shall be the
duty of the Inspector to advise the Village Council of all matters pertaining to the enforcement
or violation ofthis ordinance and to keep all necessary records appropriate to these matters.
Violations. Any person violating any provision of this ordinance shall be cited by the Village
Zoning Inspector for the violation which shall be a minor misdemeanor,and upon conviction
ofthe offense,shall be punished by a fine not to exceed $ 100.00. Each day that a violation is
continued,maintained,or tolerated by the offender after the initial citation shall constitute a
separate and additional violation. In addition,any person,including the Village of Granville,
may maintain an action or proceeding in a Court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation ofthis ordinance.
Severability. Should any section or provision ofthis ordinance be declared invalid for any
reason,such decision shall not affect the validity ofthe remaining portions ofthe ordinance.
This ordinance is hereby declared to be an emerency measure necessary for
the immediate preservation of the public peace,health,safety and welfare of
the Municipality and its inhabitants. Wherefore,this ordinance shall be in full
force and effect from and immediately upon passage.
LLYL %07il Clerk of Council
Approved as to Form:
iJ \/7 1 1 / -7- r\1 ,* /1, tu- a l- v>
AiDvt, y'ibe_r 1996.
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ORDINANCE NO. 40-96