Granville Community Calendar

Ordinance No. 18-2014

ORDINANCE NO.  18-2014

AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO GRANT A GENERAL PERMIT TO CRAIG AND MAUREEN SEVERSON TO LICENSE THE USE OF THE VILLAGE RIGHT-OF-WAY AT 941 NEWARK-GRANVILLE ROAD

WHEREAS, Craig and Maureen Severson are the owners of certain real estate located at 941 Newark-Granville Road, Granville, Licking County, Ohio, more particularly described as Licking County Parcel No. 020-047466-00.000; and

WHEREAS, the Village of Granville is the owner of a certain publicly dedicated right-of-way located at 941 Newark-Granville Road, Lot 11, said right-of-way having been dedicated to the Village of Granville as recorded in the Licking County Recorder’s Office in Newark, Ohio; and

WHEREAS, Craig and Maureen Severson desire to obtain permission from the Village to use six point fifty-six feet (6.56’) of the southern portion of Village right-of-way at 941 Newark-Granville Road for the construction of a low stone retaining wall along the driveway and adjacent to the public pathway; and

WHEREAS, the Village has determined that it is in the best interests of the Village and its residents to grant such a general permit to Craig and Maureen Severson for the construction of a low stone retaining wall along the driveway and adjacent to the public pathway through, over and under a part of the aforementioned right-of-way, attached hereto and made a part hereof. 

NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio that:

Section 1: The Village Manager is hereby authorized and directed to enter into a General Permit agreement with Craig and Maureen Severson, on behalf of the Village of Granville, for construction of a low stone retaining wall along the driveway and adjacent to the public pathway within the right-of-way area described in Exhibit A.

Section 2: This Ordinance shall take effect and be in force from and after the earliest period permitted by law.

Passed this 7th day of January, 2015.

Agreement

Ordinance No. 17-2014

ORDINANCE NO. 17-2014

AN ORDINANCE TO AMEND SECTION 513.03 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO PERTAINING TO DRUG ABUSE, POSSESSION OR USE

WHEREAS, the Council of the Village of Granville, Ohio has determined that it is necessary to amend Sections 513.03 of the Granville Codified Ordinances, in order to eliminate inconsistencies within that section and with the Ohio Revised Code regarding drug possession or use. 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, THAT: 

Section I:  513.03DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.

(a) No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog. 

(b) This section does not apply to the following:

(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Ohio R. C. Chapters 3719, 4715, 4729, 4730, 4731 and 4741.

(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.

(3) Any person who sells, offers for sale, prescribes, dispenses  or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug and Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act;

(4) Any person who obtained the controlled substance pursuant to a lawful prescription issued by a licensed health professional authorized to prescribe drugs. 

(c) Whoever violates subsection (a) hereof is guilty of one of the following:

(1) If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule III, IV, or V, whoever violates subsection (a) hereof is guilty of possession of drugs.  Possession of drugs is a misdemeanor if the amount of the drug involved does not exceed the bulk amount.  The penalty for the offense shall be determined as follows:  possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony and shall be prosecuted under appropriate State law.

(2) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:

(A) Except as otherwise provided in subsection (c)(2)(B) hereof, possession of marihuana is a minor misdemeanor, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.

(B) If the amount of marihuana involved equals or exceeds 100 grams but is less than 200 grams, possession of marihuana is a misdemeanor of the fourth degree, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.

(3) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates subsection (a) hereof is guilty of possession of hashish. The penalty for the offense shall be determined as follows:

(A) Except as otherwise provided in subsection (c)(3)(B) hereof, possession of hashish is a minor misdemeanor, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.

(B) If the amount of hashish involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree. 

(d) In addition to any other sanction that is imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

Section II: 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 3rd day of December, 2014.

Ordinance No. 16-2014

ORDINANCE NO. 16-2014

AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF GRANVILLE, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2015

WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2015 and ending December 31, 2015 and; 

WHEREAS, the Manager has submitted a proposed budget with estimates and explanatory data, and; 

WHEREAS, a public hearing has been held and said budget, with estimates, has been presented as required by Section 6.06 of Article VI of the Charter.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, a majority of the members elected thereto herein concurring that, to provide for the current expenses and other expenditures of said Village of Granville during the fiscal year ending December 31, 2015, the following sums be and are hereby set aside and appropriated as follows:

Section I: The annual budget submitted by the Manager in accordance with the provisions of Section 6.05, Article VI, of the Charter, be and the same hereby is adopted.

Section II: That there be appropriated from the General Fund:

Program I - Security of Persons and Property

A-1-1-A POLICE LAW ENFORCEMENT

  • 211 Salaries/Wages $806,749
  • 212 Employee Benefits $353,500
  • 230 Contractual Services $ 88,200
  • 240 Supplies & Materials $ 73,200
  • 250 Capital Outlay $ 30,000
  • 270 Transfers $ 2,500

TOTAL $1,354,149

A1-1-C STREET LIGHTING

  • 230 Contractual Services $ 33,000
  • 240 Supplies & Materials $ 5,000
  • 250 Capital Outlay $ 8,00

TOTAL $ 46,000

Total Program I - Security Of Person And Property $1,400,149 

Program II - Public Health and Human Services

A1-2-B COUNTY HEALTH DISTRICT

  • 230 Contractual Services $ 29,000

TOTAL $ 29,000

Total Program II - Public Health And HUMAN SERVICES $ 29,000

Program III - Community Environment

A1-4-F COMMUNITY SERVICES

  • 230 Contractual Services $ 118,776
  • 240 Supplies & Materials $ 12,000
  • 250 Capital Outlay $ 32,000
  • 270 Transfers $ 5,000

TOTAL $ 167,776

A1-4-X BUSINESS DEVELOPMENT

  • 230 Contractual Services $ 7,000

TOTAL $ 7,000

Total Program III - Community Environment $ 174,776

Program VI - Transportation

A1-6-A STREET CONSTRUCTION

  • 230 Contractual Services $ 33,000
  • 250 Capital Outlay $321,004
  • 260 Debt Service $ 56,988
  • 270 Transfer $ 50,000

TOTAL $ 460,992

A1-6-B STREET MAINTENANCE AND REPAIR

  • 211 Salaries/Wages $448,604
  • 212 Employee Benefits $186,310
  • 230 Contractual Services $ 36,500
  • 240 Supplies & Materials $ 20,500
  • 270 Transfers $ 70,000

TOTAL $ 761,914

A1-6-D STORM SEWERS AND DRAINS

  • 230 Contractual Services $ 10,000
  • 240 Supplies & Materials $ 13,000
  • 250 Capital Outlay $ 10,000

TOTAL $ 33,000

A1-6-G SIDEWALKS

  • 230 Contractual Services $ 2,000
  • 250 Capital Outlay $ 25,000 

TOTAL $ 27,000

Total Program VI - Transportation $1,282,906

Program V - General Government

A1-7-A ADMINISTRATIVE OFFICES

  • 211 Salaries/Wages $270,653
  • 212 Employee Benefits $103,327
  • 230 Contractual Services $ 35,500
  • 240 Supplies & Materials $ 17,000 

TOTAL $ 426,480

A1-7-B LEGISLATIVE ACTIVITIES

  • 211 Salaries/Wages $ 4,200 
  • 212 Employee Benefits $ 500
  • 230 Contractual Services $ 35,000
  • 240 Supplies & Materials $ 7,500

TOTAL $ 47,200

A1-7-C MAYOR'S COURT

  • 211 Salaries/Wages $ 66,710
  • 212 Employee Benefits $ 25,350
  •  230 Contractual Services $ 49,500
  •  240 Supplies & Materials $ 5,500 

TOTAL $ 147,060

A1-7-D INCOME TAX

  • 211 Salaries/Wages $ 48,724
  • 212 Employee Benefits $ 15,535
  • 230 Contractual Services $ 7,300
  • 240 Supplies & Materials $ 6,500
  • 280 Refunds $ 70,000

TOTAL $ 148,059

A1-7-E LANDS & BUILDINGS

  • 211 Salaries/Wages $ 6,500
  • 212 Employee Benefits $ 1,140
  • 230 Contractual Services $ 95,000
  • 240 Supplies & Material $ 11,000
  • 250 Capital Outlay $ 13,000 
  • 270 Transfers $352,000 

TOTAL $ 478,640

A1-7-F BOARDS & COMMISSIONS

  • 211 Salaries/Wages $ 107,761
  • 212 Employee Benefits $ 45,652
  • 230 Contractual Services $ 31,200
  • 240 Supplies & Materials $ 6,800
  • 280 Refunds $ 3,000 

TOTAL $ 194,413

A1-7-G COUNTY AUDITOR & TREASURERS' FEES

  • 230 Contractual Services $ 12,000

TOTAL $ 12,000

A1-7-H TAX DELINQUENT LAND ADVERTISING

  •  230 Contractual Services $ 500

TOTAL $ 500

A1-7-J ELECTION

  • 230 Contractual Services $ 4,000

TOTAL $ 4,000

A1-7-K LAW

  • 211 Salaries & Wages $ 63,824
  • 212 Employee Benefits $ 11,087 
  • 230 Contractual Services $ 60,000
  • 240 Supplies & Materials $ 2,000

TOTAL $ 136,911

Total Program VII - General Government $1,595,263

GRAND TOTAL GENERAL FUND APPROPRIATIONS $4,482,024

 

Section III: That there be appropriated from the following RESERVE FUNDS:

A6-6-B ROAD IMPROVEMENT RESERVE FUND

  • 250 Capital Outlay $217,873

A8-6-B CAPITAL PROJECT RESERVE FUND

  • 250 Capital Outlay $397,500

F2-1-A EQUIPMENT RESERVE FUND

  • 250 Capital Outlay $ 185,000

TOTAL $ 800,373

Grand Total revenue fundS $ 800,373 

 

Section IV: That there be appropriated from the following Special Revenue Funds:

B1-6-B STREET & MAINTENANCE REPAIR

  • 230 Contractual Services $ 61,000 
  • 240 Supplies & Materials $173,000

TOTAL $ 234,000

B2-6-B STATE HIGHWAY FUND

  • 230 Contractual Services $ 10,000

TOTAL $ 10,000

B3-6-B OPERA HOUSE PARK IMPROVEMENT FUND

  • 230 Contractual Services $ 60,184

TOTAL $ 60,184

B4-3-F BRYN DU FUND

  • 211 SALARIES & WAGES $ 26,000
  • 212 EMPLOYEE BENEFITS $ 4,767 
  • 230 CONTRACTUAL SERVICES $ 30,000
  • 240 SUPPLIES & MATERIALS $ 5,000
  • 250 CAPITAL OUTLAY $ 50,000

TOTAL $ 115,767 

B9-1-A LAW ENFORCEMENT TRUST FUND

  • 240 Supplies & Materials $ 500

TOTAL $ 500

B13 LAW ENFORCEMENT & EDUCATION FUND

  • 240 Supplies & Materials $ 5,000

TOTAL $ 5,000

Grand Total special revenue fundS $ 425,451

 
Section V: That there be appropriated from the following Enterprise Funds: 

E1- WATER FUND

E1-5-E PRODUCTION

  • 211 Salaries/Wages $227,460 
  • 212 Employee Benefits $ 87,955
  •  230 Contractual Services $205,550
  •  240 Supplies & Materials $106,300
  •  250 Capital Outlay $ 25,000 
  •  270 Transfers $ 50,000
  •  280 Refunds $ 1,200

TOTAL $ 703,465

 E1-5-F WATER DISTRIBUTION

  • 211 Salaries/Wages $ 60,464
  • 212 Employee Benefits $ 24,252
  • 230 Contractual Services $ 44,000 
  • 240 Supplies & Materials $ 43,500
  • 250 Capital Outlay $ 15,000
  • 270 Transfers $ 25,000

TOTAL $ 212,216

TOTAL FOR E-1 - WATER FUND APPROPRIATION $ 915,681

E2 - SEWAGE

E2-5-G SEWAGE TREATMENT

  • 211 Salaries/Wages $ 94,225
  • 212 Employee Benefits $ 41,075
  • 230 Contractual Services $239,600 
  • 240 Supplies & Material $ 47,000
  • 250 Capital Outlay $ 25,000 
  • 260 Debt Service $ 32,000
  • 270 Transfers $103,000
  • 280 Refunds $ 1,200

TOTAL $ 583,100

E2-5-H SEWAGE COLLECTION

  • 211 Salaries \ Wages $ 53,513
  • 212 Employee Benefits $ 17,166
  • 230 Contractual Services $ 70,000 
  • 240 Supplies & Materials $ 30,000
  • 270 Transfers $ 47,000

TOTAL $ 217,679

TOTAL FOR E2 SEWER FUND APPROPRIATIONS $ 800,779

E8 REFUSE COLLECTION FUND

  • 230 Contractual Service $221,500
  • 280 Refunds $ 1,500

TOTAL $ 223,000

E91 WATER CAPITAL IMPROVEMENTS FUND

  • 250 Capital Outlay $ 0
  • 280 Refunds $ 3,000 

TOTAL $ 3 ,000

C3-5-F SEWER REPLACEMENT & IMPROVEMENT FUND

  • 250 Capital Outlay $ 50,500

TOTAL $ 50,500

GRAND TOTAL ENTERPRISE FUNDS: $2,019,699 

Section VI: That there be appropriated from the following AGENCY FUND:

G8-1-X MAYOR’S COURT AGENCY FUND

  • 230 Contractual Services $144,000

TOTAL $ 144,000

GRAND TOTAL AGENCY FUNDS $ 144,000

Section VII: That there be appropriated from the Special Assessment Fund: 

  • H4-4 WESTGATE SEWER
  • H4-4-A Incidental Expenses $ 1,000
  • H4-4-B Principal $ 5,000
  • H4-4-C Interest $ 575

TOTAL $ 6,575

GRAND TOTAL SPECIAL ASSESSMENT FUNDS $ 6,575

Section VIII: Sums expected from the above appropriation which are proper charges against any other department or against any firm, person, or corporation, if repaid within the period covered by such appropriation, shall be considered re-appropriated for such original purposes, provided that the net total of the expenditures under any appropriation shall not exceed the original total. 

Section IX: That this ordinance therefore shall become effective as of January 1, 2015, for the purpose of effecting expenditures within the limitations herein set forth, during the fiscal year extending from that date to December 31, 2015. This appropriation ordinance shall become effective as provided in Section 6.07, Article VI of the Charter of the Village of Granville, Ohio, and shall take effect and be in force from and after the earliest date allowed by law. 

Passed this 3rd day of December, 2014.

Ordinance No. 15-2014

ORDINANCE NO. 15 - 2014 

AN ORDINANCE TO AMEND SECTION 1159.02 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 amend the Zoning Code of the Village in order to protect the general health, safety, and welfare of the citizens of the Village. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio that: 

Section 1.  Existing Section 1159.02 is hereby amended as follows: 

Section 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.

(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. Retail outlets:  furniture, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores; and 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, counseling, 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. 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; non-profit educational, civic, religious and social uses, which serve and are compatible with other permitted uses in this District.

F. 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.

G. Fitness related businesses.

H. Accessory uses, buildings or structures to the previous A-G.

(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.

C. Nonprofit educational civic, religious, and social uses which serve and are compatible with other permitted uses in this District.

(2) Village Business District.

A. Parking lots.

B. Mortuaries.

C. Gas stations.

D. Banks (including drive-in banks), finance and utility.

E. Single family dwellings.

F. Bed and Breakfasts.

G. Two-family dwellings, except as limited by Subsection 2(G)(1) below. 

1. Within the Core Business District, Dwelling Units shall be allowed only on the upper floors of a structure.

2. For the purpose of this Section, Core Business District is defined as all parcels and/or buildings fronting on the following streets, and located within the Village Business District:

a. East Broadway, on the north and south sides, from Main Street to Pearl Street;

b. North and South Prospect Streets, on the west and east sides, from College Street to Elm Street; and

(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. 

Section 2.  All previous existing sections inconsistent with the revisions above are hereby repealed.

Section 3.  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 3rd day of December, 2014.

Ordinance No. 14-2014

ORDINANCE NO. 14-2014

AN ORDINANCE TO AMEND SECTION 513.121 (g) OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO PERTAINING TO MARIHUANA DRUG PARAPHERNALIA

WHEREAS, the Council of the Village of Granville, Ohio has determined that it is necessary to amend Sections 513.121 (g) of the Granville Codified Ordinances, in order to eliminate conflicts between that section and other Village Code section regarding driver’s license suspensions related to drug paraphernalia charges. 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, THAT: 

Section I: 513.121   MARIHUANA DRUG PARAPHERNALIA.

(a) As used in this section, “drug paraphernalia” has the same meaning as in Section 513.12.

(b) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in subsection (b) of Section 513.12. 

(c) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana. 

(d) This section does not apply to any person identified in subsection (d)(1) of Section 513.12 and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10. 

(e) Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section. 

(f) Whoever violates subsection (c) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor. 

(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.  If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R. C. 2925.38.  (ORC 2925.141)

Section II: 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 19th day of November, 2014.

Ordinance No. 13-2014

ORDINANCE NO. 13-2014 

AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO GRANT A GENERAL PERMIT TO JOSEPH A. ROSATO TO LICENSE THE USE OF THE VILLAGE RIGHT-OF-WAY AT 217 EAST COLLEGE STREET

WHEREAS, Joseph A. Rosato is the owner of certain real estate located at 217 East College Street, Granville, Licking County, Ohio, more particularly described as Licking County Parcel No. 020-052128-00.000; and

WHEREAS, the Village of Granville is the owner of a certain publicly dedicated right-of-way located at 217 East College Street, Lot 121-122, said right-of-way having been dedicated to the Village of Granville as recorded in the Licking County Recorder’s Office in Newark, Ohio; and

WHEREAS, Joseph A. Rosato desires to obtain permission from the Village to use nine-feet (9’) of the southern portion of Village right-of-way at 217 East College Street for the construction of a porch, porch railing, limestone steps and concrete paver sidewalk; and

WHEREAS, the Village has determined that it is in the best interests of the Village and its residents to grant such a general permit to Joseph A. Rosato for the construction of a porch, porch railing, limestone steps and concrete paver sidewalk through, over and under a part of the aforementioned right-of-way, attached hereto and made a part hereof. 

NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio that:

Section 1: The Village Manager is hereby authorized and directed to enter into a General Permit agreement with Joseph A. Rosato, on behalf of the Village of Granville, for construction of a porch, porch railing, limestone steps and concrete paver sidewalk within the right-of-way area described in Exhibit A. 

Section 2: This Ordinance shall take effect and be in force from and after the earliest period permitted by law.

Passed this 17th day of September, 2014.

Ordinance No. 12-2014

ORDINANCE NO. 12-2014

AN ORDINANCE TO AMEND SECTIONS 513.02, 513.03, 513.04, 513.05, 513.06, 513.07, 513.08 AND 513.12 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO PERTAINING TO MEDICAL MARIHUANA

WHEREAS, the Council of the Village of Granville, Ohio has determined that it is necessary to amend Sections 513.02, 513.03, 513.04, 513.05, 513.06, 513.07, 513.08 and 513.12 of the Granville Codified Ordinances, in order to eliminate conflicts between those sections and substantially equivalent sections of the Ohio Revised Code.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, THAT:

Section I: Existing section 513.02 is hereby amended as follows:

513.02 GIFT OF MARIHUANA.

(a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana.

(b) Whoever violates this section is guilty of trafficking in marihuana. Trafficking in marihuana is a minor misdemeanor for the first offense and, for any subsequent offense; it is a misdemeanor of the third degree. If the offense was committed in the vicinity of a school or the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.

(c) The court may suspend for not less than six months or more than five years the driver’s or commercial driver’s license or permit of any person who is convicted of or pleads guilty to any violation of this section. If an offender’s driver’s or commercial driver’s license or permit is suspended pursuant to this subsection, the offender, at any time after the expiration of two years from the day on which the offender’s sentence was imposed, may file a motion with the sentencing court requesting termination of the suspension; upon the filing of such a motion and the court’s finding of good cause for the termination, the court may terminate the suspension. (ORC 2925.03)

Section II: Existing section 513.03 is hereby amended as follows:

513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.

(a) No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog.

(b) This section does not apply to the following:

1. Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731 and 4741.

2. If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration.

3. Any person who sells, offers for sale, prescribes, dispenses or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug and Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act;

4. Any person who obtained the controlled substance pursuant to a lawful prescription issued by a licensed health professional authorized to prescribe drugs.

(c) Whoever violates subsection (a) hereof is guilty of one of the following:

1. If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule III, IV, or V, whoever violates subsection (a) hereof is guilty of possession of drugs. Possession of drugs is a misdemeanor if the amount of the drug involved does not exceed the bulk amount. The penalty for the offense shall be determined as follows: possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony and shall be prosecuted under appropriate State law.

2. If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana, a misdemeanor of the third degree if the amount of the drug involved does not exceed 200 grams.

3. If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates subsection (a) hereof is guilty of possession of hashish. Possession of hashish is a misdemeanor of the third degree if the amount of the drug involved does not exceed ten grams of hashish in a solid form or two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form.

(d) In addition to any other sanction that is imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

Section III:  Existing section 513.04 is hereby amended as follows:

513.04 POSSESSING DRUG ABUSE INSTRUMENTS.

(a) No person shall knowingly make, obtain, possess or use any instrument, article or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.

(b) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731 and 4741.

(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, violation of this section is a misdemeanor of the first degree.

(d) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. (ORC 2925.12)

Section IV:  Existing section 513.05 is hereby amended as follows:

513.05 PERMITTING DRUG ABUSE.

(a) No person, who is the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in Ohio R.C 4501.01(A), shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.

(b) No person, who is the owner, lessee or occupant, or who has custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit the premises, or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.

(c) Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of the first degree. If the felony drug abuse offense in question is a violation of Ohio R.C. 2925.02 or 2925.03, permitting drug abuse is a felony and shall be prosecuted under appropriate State law.

(d) In addition to any other sanction imposed for an offense under this section, the court that sentences a person who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

(e) Any premises or real estate that is permitted to be used in violation of subsection (b) hereof constitutes a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.

(ORC 2925.13) 

Section V:  Existing section 513.06 is hereby amended as follows:

513.06 ILLEGAL CULTIVATION OF MARIHUANA.

(a) No person shall knowingly cultivate marihuana.

(b) This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1) to (3) to the extent and under the circumstances described in those divisions.

(c) Whoever commits a violation of subsection (a) hereof is guilty of illegal cultivation of marihuana. Illegal cultivation of marihuana is a misdemeanor if the amount of marihuana involved does not exceed 200 grams.

1. Except as otherwise provided in subsection (c)(2) hereof, illegal cultivation of marihuana is a minor misdemeanor, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.

2. If the amount of marihuana involved equals or exceeds 100 grams but is less than 200 grams, illegal cultivation of marihuana is a misdemeanor of the fourth degree, or if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.

(d) In addition to any other sanction imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend the offender’s driver’s or commercial driver’s license or permit in accordance with division (G) of Ohio R.C. 2925.03. If an offender’s driver’s or commercial driver’s license or permit is suspended in accordance with that division, the offender may request termination of, and the court may terminate, the suspension in accordance with that division.

(e) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in an application for employment, a license, or any other right or privilege or made in connection with the person’s appearance as a witness. (ORC 2925.04)

Section VI:  Existing section 513.07 is hereby amended as follows:

513.07 POSSESSING OR USING HARMFUL INTOXICANTS.

(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.

(b) Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony and shall be prosecuted under appropriate State law.

(c) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

(ORC 2925.31)

Section VII:  Existing section 513.08 is hereby amended as follows:

513.08 ILLEGALLY DISPENSING DRUG SAMPLES.

(a) No person shall knowingly furnish another a sample drug.

(b) Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731, and 4741.

(c) Whoever violates this section is guilty of illegal dispensing of drug samples. If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, IV, or V, or is marihuana, the penalty for the offense shall be determined as follows:

1. Except as otherwise provided in subsection (c)(2) hereof, illegal dispensing of drug samples is a misdemeanor of the second degree.

2.  If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree.

(d) In addition to any other sanction imposed for an offense under this section, the court that sentences an offender who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

(ORC 2925.36) 

Section VIII:  Existing section 513.12 is hereby amended as follows:

513.12 DRUG PARAPHERNALIA.

(a) As used in this section, "drug paraphernalia" means any equipment, product or material of any kind that is used by the offender, intended by the offender for use or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance in violation of this chapter or Ohio R.C. Chapter 2925.

"Drug paraphernalia" includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use or designated by the offender for use, in any of the following manners:

1. A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived;

2. A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance;

3. Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine;

4. An isomerization device for increasing the potency of any species of a plant that is a controlled substance;

5. Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance;

6. A scale or balance for weighing or measuring a controlled substance;

7. A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance;

8. A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana;

9. A blender, bowl, container, spoon or mixing device for compounding a controlled substance;

10. A capsule, balloon, envelope or container for packaging small quantities of a controlled substance;

11. A container or device for storing or concealing a controlled substance;

12. A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body;

13. An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller.

(b) In determining if any equipment, product or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, the following:

1. Any statement by the owner, or by anyone in control, of the equipment, product or material, concerning its use;

2. The proximity in time or space of the equipment, product or material, or of the act relating to the equipment, product or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925;

3. The proximity of the equipment, product or material to any controlled substance;

4. The existence of any residue of a controlled substance on the equipment, product or material;

5. Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product or material, to deliver it to any person whom the owner or person in control of the equipment, product or material knows intends to use the object to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925. A finding that the owner, or anyone in control, of the equipment, product or material, is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925, does not prevent a finding that the equipment, product or material was intended or designed by the offender for use as drug paraphernalia;

6. Any oral or written instruction provided with the equipment, product or material concerning its use;

7. Any descriptive material accompanying the equipment, product or material and explaining or depicting its use;

8. National or local advertising concerning the use of the equipment, product or material;

9. The manner and circumstances in which the equipment, product or material is displayed for sale;

10. Direct or circumstantial evidence of the ratio of the sales of the equipment, product or material to the total sales of the business enterprise;

11. The existence and scope of legitimate uses of the equipment, product or material in the community;

12. Expert testimony concerning the use of the equipment, product or material.

(c) 1. Subject to subsection (d)(2) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia.

2. No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia.

3. No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this State, if the person knows that the purpose of the advertisement is to promote the illegal sale in the State of the equipment, product or material that the offender intended or designed for use as drug paraphernalia.

(d) (1) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731, and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10.

2. Subsection (c)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marihuana.

(e) Notwithstanding Ohio R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold or manufactured in violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to Ohio R.C. 2981.12.

(f) (1) Whoever violates subsection (c)(1) hereof is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree.

2. Except as provided in subsection (f)(3) hereof, whoever violates subsection (c)(2) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree.

3. Whoever violates subsection (c)(2) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree.

4. Whoever violates subsection (c)(3) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree.

(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38. (ORC 2925.14) 

Section IX: 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.

Ordinance No. 08-2014

ORDINANCE NO. 08-2014

AN ORDINANCE TO AMEND SECTIONS 1159.02, 1167.02, 1169.02, 1171.02,1173.02 AND 1175.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO FOOD TRUCKS

WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village. 

NOW, THEREFORE, BE IT ORDAINED that the Council of the Village of Granville, Licking County, Ohio hereby amends the following provisions pertaining to the vending and sale of food and related products within the Village. 

Section 1.  That Chapter 1159, Village District, Section 1159.02 of the Codified Ordinances is hereby amended as follows:

1159.02PERMITTED AND CONDITIONAL USES. (Village District)

(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 boarding and lodging.

B. Retail outlets:  furniture, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores; and 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, counseling, 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. 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 assemble; non-profit educational, civic, religious and social uses, which serve and are compatible with other permitte4d uses in this District.

F. 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.

G. Fitness related businesses.

H. Accessory uses, buildings or structures to the previous A – G.

(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.

E. Mobile food trucks.

(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.

Section 2.  That Chapter 1167, Community Service District, Section 1167.02 of the Codified Ordinances is hereby amended as follows:

1167.02PERMITTED AND CONDITIONAL USES. (Community Service District)

(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.

(14) Mobile food trucks.

(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, twoand multi-family.

(6) Daycare facilities.

(c) Interpretation of this Section. Each use must have its own independent approval, whether permitted or conditional.

Section 3.  That Chapter 1169, Institutional District, Section 1169.02 of the Codified Ordinances is hereby amended as follows:

1169.02PERMITTED AND CONDITIONAL USES. (Institutional District)

(a) Permitted Uses.

(1) University, school and church buildings, including dormitories, classroom buildings, and play fields, except as delineated under conditional uses below.

(2) Faculty housing.

(3) Sorority and fraternity houses.

(4) Passive recreational uses including parks and nature preserves.

(5) Mobile food trucks.

(b) Conditional Uses.

(1) Active recreational uses such as a gymnasium or stadium where a large number of spectators can be anticipated.

(2) Accessory uses such as maintenance shops and storage areas to service an institution.

(3) Parking lots to service the institution located on the periphery of the District or visible from a public street.

Section 4.  That Section 1171.02 of the Codified Ordinances is hereby amended as follows:

1171.02 USES. (Planned Development Districts)

(a) PUD: Planned Unit Development Uses.

(1) Dwelling units: single-family, two-family and multi-family dwellings and accessory uses incidental to these uses such as garages, etc.

(2) Nonprofit cultural, religious or civic uses such as churches, schools, parks and community facilities as determined to be in keeping with the character of this district by the Planning Commission.

(3) Home occupations.

(4) Limited mixed-use combinations of commercial uses.

(b) PCD: Planned Commercial District Uses.

(1) Retail establishments: grocery stores, drug stores, hardware 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.

(3) Full service restaurants.  No restaurants shall be permitted to have drive-up, drive-through or drive-in facilities.

(4) Nonprofit cultural, religious or civic uses such as churches, schools, parks and community facilities as determined to be in keeping with the character of the district by the Planning Commission.

(5) Business and professional offices and financial institutions, such as banks, 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.

(6) Specialty shops: antique shops, gift shops, magazine shops, newsstand, tobacco shops, book stores, clothing stores, jewelry stores, shoe 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, optical goods stores, and sporting goods outlets.

(7) Service shops: Laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, copy shops.

(8) Certain mixed-use combinations of single family, two family and multi-family residential units, retirement community, nursing homes, or assisted living structures and childcare facilities.

(9) Mobile food trucks.

(c) PID: Planned Industrial District Uses.

(1) Manufacturing, light industrial uses, processing, warehousing and industrial service activities located and maintained within the limits of the development standards of these Planned Industrial District regulations.

(2) Research/office facilities.

(3) Professional and business offices.

(4) Aviation-oriented facilities.

(5) Maintenance and storage facilities.

Section 5.  That Chapter 1173, Village Gateway District, Section 1173.02 of the Codified Ordinances is hereby amended as follows:

1173.02PERMITTED AND CONDITIONAL USES. (Village Gateway    District)

(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 uses allowed under this provision may also engage in the sale of related products such as coffee beans, mugs, coffee makers in support of or ancillary to the beverages or snacks listed above.

(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 uses. Laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, and copy shops.

(5) Business and professional offices: such as 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, stock brokerage offices, and veterinary offices, hospitals or clinics that do not include outside animal runs.

(6) Banks, finance and utility company offices without drive-through facilities.

(7) Commercial and residential mixed use buildings, with commercial uses on the ground floor and dwelling units above the ground floor.

(8) Home occupations.

(9) Restaurants, without drive-in, drive-up, or drive-through arrangements.

(10) Mobile food trucks. 

(b) Conditional Uses.

(1) Mortuaries and funeral homes.

(2) Banks, finance and utility company offices with drive-through facilities.

(3) Grocery stores, convenience stores (without the sale of gasoline or fuel).

(4) Single family, two-family and multifamily residential units, provided that no building shall have more than six dwelling units.  No first floor residential uses shall be permitted for properties with frontage and vehicular access to arterial roadways.

(5) Retirement community, nursing homes, assisted living structures and child care/preschool facilities.

(6) Recreational facilities and entertainment uses.

(7) Drive-ins, drive-ups, or drive-throughs 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).

(8) Garden center.

(9) Places of assembly: civic structures, religious structures and other places of assembly.

(10 Mixed-use combinations of multi-family residential, retirement community, nursing homes, or assisted living structures.

(11) Production of artisan goods using hand tools only (for example, jewelry or ceramics).

(12) Veterinary offices, hospitals or clinics that include outside runs. Animal boarding facilities that are not associated with a veterinary office, hospital, or clinic. 

(c) Interpretation of this Section.  Each use must have its own independent approval, whether permitted or conditional. 

Section 6.  That Chapter 1175, Suburban Business District, Section 1175.02 of the Codified Ordinances is hereby amended as follows: 

1175.02 PERMITTED AND CONDITIONAL USES. (Suburban Business District)

(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.

(6) Mobile food trucks. 

(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. 

Section 7.  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 3rd day of September, 2014.

Ordinance No. 07-2014

ORDINANCE NO. 07-2014

AN ORDINANCE TO ENACT CHAPTER 719, SECTIONS 719.01, 719.02, 719.03, 719.04, 719.05, 719.06, 719.07, 719.08, 719.09, 719.10, 719.11 AND 719.12 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO FOOD TRUCK STANDARDS

WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village.

NOW, THEREFORE, BE IT ORDAINED that the Council of the Village of Granville, Licking County, Ohio hereby enacts the following provisions pertaining to the vending and sale of food and related products within the Village.

Section 1. That Section 719.01 of the Codified Ordinances is hereby enacted as follows:

719.01 DEFINITIONS.

(a) “Event Holder” means a person, group, or organization responsible for the hosting or operation of a Permitted Event.

(b) “Food” shall mean a raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(c) “Food Service Operation” means, for the purposes of a mobile food vending permit, a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.

(d) “Food Truck” means a licensed, motorized vehicle or mobile food unit which is temporarily located on a premise to sell food items to the general public.

(e) “Health License” means an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such document shall be an annual health license.

(f) “Ice Cream Truck” means motor vehicles from which ice cream, popsicles, ice sherbets, frozen desserts or other similar items are sold.

(g) “Licensing Period” means the sixteenth (16th) day of March to the fifteenth (15th) day of March of the next succeeding year.

(h) “Mobile Food Vending Permit” means an official document issued by the Planning & Zoning Department authorizing operation of a mobile food vending unit within the corporate limits of the Village of Granville. 

(i) “Mobile Food Vending Unit” means a food service operation or retail food establishment that is operated from a food truck. For the purpose of a mobile food vending permit, “mobile food vending unit” excludes food delivery operations and vending machines, as defined in Ohio Revise Code 3717.01(L). 

(j) “Mobile Food Vendor” means every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any mobile food vending unit.

(k) “Non-Incorporated Children’s Stands” shall mean a non-incorporated business that is commonly owned and operated by a child or children to sell lemonade or other beverages (e.g. iced tea, coffee, hot chocolate, etc.) and snack foods (e.g. cookies, etc.)

(l) “Operator” means the individual who manages one (1) or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor.

(m) “Permanently revoke” means to terminate all rights and privileges under a mobile food vending permit for a period of ninety (90) days or greater and to render the holder of the permit ineligible to reapply for said permit.

(n) “Permitted Events” means the events listed within Exhibit A of the Ordinance, as may be amended from time to time by the Council.

(o) “Public Event” means any public activity or gathering or assemblage of people, other than a special event, that is open to the general public for admission requires payment for entrance, attendance or participation, and requires the issuance of a health license or temporary health license pursuant to Ohio Revised Code 3717.01 for participating mobile food vendors. “Public event” includes, by way of example and not by way of limitation, a sporting event at an arena or stadium, a state fair, a concert, or a theatre production.

(p) “Revoke” means to terminate all rights or privileges under a mobile food vending permit for a period not to exceed ninety (90) days after which the individual must reapply for a permit.

(q) “Special Event” means any activity or gathering or assemblage of people upon 

public property or in the public right-of-way for which a street closure, race event, parade permit, community market, or other like permit has been issued by the Village of Granville.

(r) “Suspend” means to temporarily deprive a permittee of rights or privileges under a permit for a period not to exceed ninety (90) days.

(s) “Vending” shall mean the sale of food to a person who is the ultimate consumer. Such sales do not include those from a vending machine, as defined in Ohio Revised Code 3717.01(L).

Section 2. That Section 719.02 is hereby enacted as follows:

719.02 PERMIT REQUIRED FOR OPERATION.

(a) No individual or organization shall operate, or cause to be operated, any mobile food vending unit within the corporate limits of the Village of Granville without a current and valid Mobile Food Vending Permit and applicable health license issued in accordance with laws, rules and regulations established in the Ohio Revised Code, the Ohio Administrative Code, or the Village of Granville Codes, whichever is applicable.

(b) Mobile Food Vending units, to be located on private property, that only operate as part of a special event or public event shall not require a mobile food vending permit. Such units must comply with any health licensing requirements of the State of Ohio.

(c) Nothing in this chapter shall be construed as superseding, supplanting, or otherwise replacing any duty imposed by Ohio Revised Code Chapter 3701 or 3717, or rules or regulations promulgated thereunder, upon an application for a health license, or upon a department of health in the conduct of its responsibilities relative to mobile food vending units.

Section 3. That Section 719.03 is hereby enacted as follows:

 719.03 APPLICATION FOR PERMIT.

(a) An application for a Mobile Food Vending permit must be submitted by the owner of the unit or owner of the business to the Village Planning and Zoning Department. A separate application must be submitted for each unit. Application for a Mobile Food Vending permit shall be on a form prescribed by the Planning and Zoning Department and shall substantially comply with subsection (b) of this section. 

(b) Application for a Mobile Food Vending permit shall be made under oath and shall contain the following information and/or material:

1. Name, permanent address, telephone number, electronic mail address, date of birth, and driver’s license number of the mobile food vending unit owner;

2. Business name or DBA, permanent address, and telephone number, if different from the owner information;

3. Proof of Ohio Department of Taxation Itinerant Vendors License, if required; (when required)

4. A physical description of the unit proposed to be licensed for mobile food vending;

5. Current and valid state vehicle registration information for the unit proposed to be permitted for mobile food vending;

6. Proof of a Village income tax filing number or exemption from the Village of Granville division of income tax;

7. Proof that the applicant is current and compliant in the payment of any Village of Granville taxes on payroll and net profits at the time such proof is submitted; or if the applicant is not current and compliant in the payment of any Village of Granville taxes on payroll and net projects, that the applicant has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement at the time such proof is submitted;

8. Proof of a filing number or exemption from the Ohio Department of Taxation;

9. Affirmation that, upon issuance of a permit, the applicant will provide to the Planning and Zoning Department written documentation of any change in the information required by this chapter, as well as written documentation of any modification, damage, destruction, or decommissioning of the unit, within thirty (30) calendar days of any such change; and

10. Location of the proposed business. If private property, letter of support from the property owner shall be submitted with the application.

11. Payment of a mobile food vending permit annual fee of $200.00. If a mobile food vending permit is applied for after August 15th of any calendar year the permit fee shall be prorated to $100.00.

(c) The Planning and Zoning Department must examine all applications for a Mobile Food Vending permit under this chapter and make, or cause to be made, any further investigation into the application as is deemed necessary in order to make a timely determination regarding the application.

(d) The Planning and Zoning Department shall provide a written determination to each applicant. If a complete application for a mobile food vending permit is not approved, any reason(s) for that determination must be provided to each applicant in writing.

 Section 4. That Section 719.04 is hereby enacted as follows:

 719.04 OPERATING REQUIREMENTS.

(a) Mobile Food Trucks shall obtain all applicable approvals and permits, and shall follow all applicable processes as required by the Village and/or the Event Holder.

(b) Mobile Food Trucks shall comply with all local, state, and federal laws, regulations and ordinances.

(c) Mobile Food Trucks shall be permitted as follows:

1. Shall be permitted within the following commercial and institutional districts:

a. Community Service District (CSD)

b. Institutional District (ID)

c. Planned Commercial District (PCD)

d. Village Gateway District (VGD)

e. Suburban Business District (SBD)

f. Village Institutional District (VID) on a special permit basis

2. Shall be located on a lot containing a principal building, must be parked on a hard surfaced area and the maximum number of food trucks per lot is limited as follows:

a. Maximum of 1 food truck on lots between one-quarter acre and 1 acres; and

b. Maximum of 2 food trucks on lots greater than 1 acre. 

c. For purposes of the limitations in this Section, adjacent lots under common ownership shall be considered as a single lot.

(d) Site requirements:

1. Shall be located at least 250 feet from the main entrance to any eating establishment or similar food service business, 250 feet from any outdoor dining area as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to the food truck location being approved, the approved Mobile Food Truck may continue to operate at the approved location until the food truck permit has expired.

2. Shall be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located a minimum distance of 25 feet in all directions from any fire hydrant(s).

3. The Mobile Food Truck must not occupy parking spaces required to fulfill the minimum requirements of the principal use.

4. All parking required by the addition of the Mobile Food Truck to the property must be fulfilled on-site, must be hard surfaced, and must be in addition to any required parking spaces for the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck.

5. Associated seating must not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck business.

6. Associated seating must not occupy parking spaces that may be leased to other businesses and used to fulfill their minimum parking requirements.

7. Associated seating must be removed from all permitted locations during impermissible house of operation and must not be stored, parked, or left overnight on any public street or sidewalk.

8. Associated seating areas are only permitted on lots 2 acres or greater in size.

9. Associated seating areas must not occupy any handicap accessible parking spaces.

10. The Mobile Food Truck vendor is responsible for the proper disposal of waste and trash associated with the operation. Village trash receptacles shall not be used for this purpose. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas within 5 feet of the truck and associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation.

11. No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the Village’s sanitary sewer system.

12. No free-standing signage or audio amplification is allowed as part of the food trucks vending operation. Mobile food trucks are otherwise exempt from signage regulations in Granville Codified Ordinance Chapter 1189.

13. Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m. In the Institutional District mobile food trucks are limited to the hours between 7:00 am and 1:00 am. Mobile food trucks are required to be removed from the premises during non-business hours.

14. Operator or their designee must be present at all times except in cases of an emergency.

(e) The following activities shall be exempted from the chapter within the Village:

1. Ice Cream Trucks; and

2. Non-Incorporated Children’s Stands.

 Section 5. That Section 719.05 is hereby enacted as follows:

 719.05. SPECIAL EVENTS AND PUBLIC EVENTS, PERMITS NOT REQUIRED.

(a) No mobile food vending permit shall be required for any mobile food vending unit that operates exclusively as a subset of a Village approved Special Event, within the approved areas and time frames.

(b) No mobile food vending permit shall be issued within the right-of-way or on Village property, unless part of a non-profit Special Event.

Section 6. That Section 719.06 is hereby enacted as follows:

719.06 OPERATION ON PRIVATE PROPERTY ONLY.

(a) Individuals or organizations shall be permitted to operate or cause to be operated any Mobile Food Vending Unit on private property within the corporate limits of the Village of Granville after meeting the permit and fee requirements of this chapter, unless otherwise exempted by this chapter.

(b) Operation of a Mobile Food Vending Unit on private property must be in compliance with all applicable zoning requirements related to commercial activity on private property.

Section 7. That Section 719.07 is hereby enacted as follows:

719.07 EXPIRATION AND RENEWAL OF PERMIT.

(a) Each permit issued under this chapter shall expire on the fifteenth (15th) day of March following the date of issue.

(b) Each permitee must comply with the application and inspection requirements of this chapter to receive a new permit for the succeeding permit period.

Section 8. That Section 719.08 is hereby enacted as follows:

 719.08 TRANSFER OF PERMIT PROHIBITED.

No Mobile Food Vending Permit issued under this chapter shall be transferred or assigned by the named permitee to any other individual or organization, or to any other Mobile Food Vending Unit. Should a change in ownership of a Mobile Food Vending Unit occur at any time, the succeeding owner must comply with the application, inspection and fee requirements of this chapter.

Section 9. That Section 719.09 is hereby enacted as follows:

719.09 PERMIT SUSPENSION, REVOCATION.

(a) Permits issued under this chapter may be suspended or revoked by the Village for one or more of the following reasons:

1. Fraud, misrepresentation or bribery in securing a permit or during the course of business; or

2. Violation of any provision of this chapter; or

3. Failure to display the Mobile Food Truck permit as issued; or

4. Failure to have valid permits or licenses required by the Licking County Health Department or any other Village, state or federal agency; or

5. Conviction of any criminal or traffic offense while using a Food Cart or Mobile Food Truck or conviction of any criminal offense involving theft or fraud; or

6. For any of the reasons which could have been grounds for refusing to issue the original license; or

7. Knowingly allowing another person to use a Mobile Food Truck in violation of any provision of this chapter.

8. For other good cause at the discretion of the Village Manager.

Section 10. That Section 719.10 is hereby enacted as follows:

 719.10 APPEALS.

Any individual or organization who has been refused a permit or renewal of a permit under this chapter or has had a permit issued under this chapter suspended or revoked, may appeal such decision as provided in Section 1139.04(a) of the Zoning Ordinance. 

Section 11. That Section 719.11 is hereby enacted as follows: 

719.11 SEVERABILITY CLAUSE. 

If any particular portion of this chapter is declared to be invalid by a court of competent jurisdiction, such declaration of invalidity shall be limited to the particular portion declared invalid. This declaration of invalidity shall not affect or impair the remainder of this chapter, and to this end, the provisions are severable.

Section 12. That Section 719.12 is hereby enacted as follows: 

719.12 PENALTY. 

(a) A violation of any section of this chapter shall be deemed a criminal violation as follows:

1. Whoever violates Section 719.02 shall be guilty of a misdemeanor of the first degree. Any such violation shall constitute a separate offense on each successive day continued. Strict liability is intended to be imposed for a violation of this section.

2. Whoever violates any other section of Chapter 719 shall be guilty of a minor misdemeanor Strict liability is intended to be imposed for a violation of these sections.

3. A violation of any section of chapter 719 may be grounds for the suspension, revocation or permanent revocation of the Mobile Food Truck permit or in the case of a new application may be grounds to refuse to issue such permit for a determinate period of time up to ninety (90) days or permanently, in addition to any other penalties established for such violation in applicable section of the Village of Granville Codes.

Section 13. 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 3rd day of September, 2014.

Ordinance No. 11-2014

ORDINANCE NO. 11-2014

AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO GRANT A GENERAL PERMIT TO LEE BEALL TO LICENSE THE USE OF THE VILLAGE RIGHT-OF-WAY AT 212 EAST ELM STREET

 

WHEREAS, Lee Beall is the owner of certain real estate located at 212 East Elm Street, Granville, Licking County, Ohio, more particularly described as Licking County Parcel No. 020-053820-00.000; and

WHEREAS, the Village of Granville is the owner of a certain publicly dedicated right-of-way located at 212 East Elm Street, Lot 8, said right-of-way having been dedicated to the Village of Granville as recorded in the Licking County Recorder’s Office in Newark, Ohio; and

WHEREAS, Lee Beall desires to obtain permission from the Village to use four-foot (4’) of the northern portion of Village right-of-way at 212 East Elm Street for the construction of a white, composite fence; and

WHEREAS, the Village has determined that it is in the best interests of the Village and its residents to grant such a general permit to Lee Beall for the construction of a white, composite fence, through, over and under a part of the aforementioned right-a-way, attached hereto and made a part hereof. 

NOW THEREFORE BE IT ORDAINED by the Council of Granville, Ohio that:

Section 1:  The Village Manager is hereby authorized and directed to enter into a General Permit agreement with Lee Beall, on behalf of the Village of Granville, for construction of a white, composite fence within the right-of-way area described in Exhibit A.

Section 2:    This Ordinance shall take effect and be in force from and after the earliest period permitted by law.

Passed this 20th day of August, 2014.

Ageement

Exhibit A

Ordinance No. 10-2014

Ordinance No. 10-2014 

AN ORDINANCE TO AMEND ORDINANCE NO. 22-2013 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2014 AND REVISING SUMS FOR OPERATING EXPENSES

 

WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the municipal budget for the fiscal year beginning January 1, 2014 and ending December 31, 2014, and; 

WHEREAS, the Finance Director has recommended appropriations to supplement previously made appropriations; and 

WHEREAS, adjustments would be made to accommodate the following needs:

  1. General Fund - $40,560 for Capital Outlay  

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that: 

Section I:    The annual budget of the Village of Granville, as established by Ordinance No.22-2013, be amended by the Council, as recommended by the Finance Director, and is hereby adopted. 

Section II:   To provide for operating expenditures during the fiscal year ending December 31, 2014, the following additional appropriations are hereby made to the following funds: 

Account                     Description                Additional Appropriation 

General Fund – Street Construction

                        A1-6-A-250                Capital Outlay                       $40,560 

Section III:     This ordinance shall take effect and be in full force upon the earliest date allowed by law.  

Passed this 20th day of August, 2014.

 

Ordinance No. 09-2014

ORDINANCE NO. 09-2014

 

AN ORDINANCE TO AMEND SECTIONS 1176.04 AND 1176.05 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO THE TRANSPORTATION CORRIDOR OVERLAY DISTRICT STANDARDS

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village. 

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

            Section 1. That existing sections 1176.04 and 1176.05of the Codified Ordinances are hereby amended to read as follows:

 

1176.04  CORRIDOR DISTRICT DESIGN, DEVELOPMENT AND MAINTENANCE STANDARDS.

               The Planning Commission shall be responsible for reviewing all plans for construction and development, to ensure the following:    

 (a)        Setback Requirements.  Setbacks in areas designated for office, commercial, or similar uses should be consistent with other buildings already constructed within the general area.

(b)        Access and Circulation.  Access and circulation standards that apply include the following:

            (1)        A maximum of two curb cuts per property frontage are permitted.

            (2)        Limited frontage roads and shared curb cuts should be encouraged.

             (3)        Pedestrian access should be provided and designed to minimize automobile/pedestrian conflict.

(c)        Development Standards.

           (1)        Utility and transmission lines are to be located in underground conduit wherever possible.

           (2)        Loading areas, public parking areas, storage areas including trash storage receptacles shall be completely screened from corridor roads. 

(d)       Landscaping Requirements.  The objective is a comprehensive landscape program for each parcel or lot within the Corridor Overlay District, to protect and promote the appearance, character, and economic value of lands along the corridor and surrounding neighborhoods.  Elements include tree preservation, landscape plan and planting requirements, parking area requirements, and maintenance standards.  Landscape requirements to be submitted for review by the Planning Commission include the following:

            (1)        A landscaped greenbelt area shall be provided between the building(s) and roadway edge.  This area shall include only plant material, plazas, walks and bikeways, sculpture, or signage.  Such greenbelt treatment shall be submitted to the Planning Commission for review.  Existing vegetation shall be preserved and protected as much as feasible, and large proposed plantings shall be exhibited or illustrated on submitted proposals.

            (2)        Details of the location, type, size, and amount of plant material proposed as well as areas of tree preservation, existing plant material and greenbelt treatment.

            (3)        Outdoor lighting plans

(e)        Fences, Walls or Barriers.  No fence, wall or other artificial barrier shall be erected and/or constructed in this district without prior approval of the Planning Commission.  Approval shall be based upon review of an application as set forth in Section 1137.05 of the Codified Ordinances of Granville, Ohio.  Planning Commission review shall include type, location, height, compatibility with the area and such other features or characteristics as may be appropriate.

1176.05  CHERRY VALLEY ROAD CORRIDOR STANDARDS.

               The Village desires to insure that new developments and redevelopments on lands served by Cherry Valley Road (and South Galway Drive) do not overwhelm the carrying capacity of the new roadway system. As such, the Village has adopted a plan, with standards, that:  limits corridor traffic volumes to acceptable levels and, defines specific points of access for the properties.

               (a)        In order to maintain a safe and effective roadway system within the Cherry Valley Road corridor, the number of access points on Cherry Valley Road and South Galway Drive shall be minimized. The access points shall be located properly and be of appropriate design. Referencing Figures 1 and 2, and recognizing that long-term development/redevelopment is being considered, the following “access management” guidelines shall be followed: 

               (1)        Prohibit access for Site A off Newark-Granville Road.

                (2)        Permit up to two full access points for Site A on South Galway Road.

                            A.        Drive A-1 is located opposite Donegal Drive.

                            B.        Drive A-2 is located about 500 feet southeast of Donegal Drive.

(3)        Permit one full access point for Site A on Cherry Valley Road. This point of access should be located approximately 400 feet north of the centerline of South Galway Drive. This driveway (Drive A-3) should align with the driveway serving Site C.

(4)        Permit up to two full access points for Site B on South Galway Drive.

       A.        Drive B-1 should be aligned with Drive A-2 – which should be located about 500 feet southeast of Donegal Drive.

        B.        Drive B-2, which primarily serves as an access road for Wendy’s, could also be used to serve Site B – particularly the portion of the tract that lies north of Wendy’s between Drive B-2 and Cherry Valley Road. The intersection of Drive B-2 on South Galway Drive should be placed approximately 350 feet west of the centerline of Cherry Valley Road.

(5)        Permit one access point for Site B on Cherry Valley Road. This access point could serve the portion of the tract north of Wendy’s between Drive B-2 and Cherry Valley Road.

(6)        Alternate access for Wendy’s shall be provided via Drive B-2 as described above, unless this requirement is waived by the Planning Commission.

(7)        Provide one full access point for Site C on Cherry Valley Road. This access point (Drive C) should align with Drive A-3 that serves Site A which should be located approximately 400 feet north of the centerline of South Galway Drive. (A single access point serving Site C would be realized only with the redevelopment of the involved properties. If the involved properties are redeveloped, consideration shall be given to the elimination of access for Site C on Newark-Granville Road.)

(8)       Provide one full access point for Site D on Cherry Valley Road.  This access point (Drive D) should align with South Galway Drive.

(9)        Provide northbound and southbound left turn lanes, as appropriate, on Cherry Valley Road at its intersections with South Galway Drive/Drive D, Drive A-3/Drive C, and Newark-Granville Road.

            Section 2.  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 20th day of August, 2014.

Ordinance No. 06-2014

ORDINANCE NO. 06-2014

 

AN ORDINANCE TO RESCIND CHAPTER 925 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO AND ADOPT A NEW CHAPTER 925 PERTAINING TO WATER REGULATIONS AND CHARGES

 

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update Chapter 924Water Regulations and Charges of the Village.

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1.   Chapter 925 “Water Regulations and Charges” is rescinded in its entirety. 

Section 2.   Chapter 925 “Water Regulations and Charges” is adopted as follows:

CHAPTER 925

Water Regulations and Charges

 

 

925.00    Definitions.                                                  925.10    Meter reading and billing.

925.01    Water supply, ownership and                          925.11    Water system capacity charges.

               control.                                                       925.12    Service outside municipality.             

925.02    Tampering with water system or                      925.13    General rules for charges and

               violation of water system rules.                                  payment.  

925.03    Water main classification.                               925.14    Rates for residential and business

925.04    Water main extensions.                                               consumers.                          

925.05    General rules for water line                             925.15    Rates for users outside the

               extensions.                                                                  municipal limits.                            

925.06    Permits.                                                        925.16    Special water use charges.                                            

925.07    Services.                                                       925.99    Penalty.                                       

925.08    Metering.                                                        

925.09    Fire protection service and fire        

               hydrants.                                          

 

 

                                                          CROSS REFERENCES

                                   Water pollution control - see Ohio R. C. Ch. 6111

        Power to provide and regulate water system – see Ohio R. C. 715.08, 717.01, 743.01

                       Tampering with hydrants, pipes or meters; unauthorized connections –

                                      see Ohio R. C. 4933.22; GEN. OFF. 541.08

 

 
 

925.00 Definitions

 

(a) "Air gap separation" means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.

 

(b) "Approved" means that a backflow prevention assembly, device, or method has been accepted by the supplier of water and the director as suitable for the proposed use.

 

(c) "Auxiliary water system" means any water system on or available to the premises other than the public water system. These auxiliary water systems shall include used water or water from a source other than the public water system such as wells, cisterns or open reservoirs that are equipped with pumps or other prime movers including gravity.

 

(d) “Available frontage or frontage” means the frontage for all parcels, which abut the water main.  On corner parcels, the frontage shall be the shortest frontage that abut a street right-of-way.  Parcels already abutting a water main shall not be considered as part of the available frontage.

 

(e) "Backflow" means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable water supply from any source other than the intended source of the potable water supply.

 

(f) "Backflow prevention device" means any assembly, device, method, or type of construction intended to prevent backflow into a potable water system.

 

(g) "Booster pump" means any device intended to increase the in-line water pressure.

 

(h) “Capacity fees” are fees that are assessed on a one time basis when a customer desires to connect to the water system.  These fees pay for capital improvement cost associated with the water treatment plant and distribution system.

 

(i)     "Consumer" means the owner or person in control of any premises supplied by or in any

manner connected to a public water system.

 

(j) "Consumer's water system" means any water system, located on the consumer's premises, supplied by or in any manner connected to a public water system. A household plumbing system is considered to be a consumer's water system.

 

(k) “Corporation stop” means a threaded male fitting designed to screw into the tapped water main.  The one-piece fitting incorporates a shut-off valve.

 

(l) “Cross-connection" means any arrangement whereby backflow can occur.

 

(m) “Curb stop and box” means a box and shut-off valve located near the street right-of-way or property line.

 

(n) “Deduct Meter” is a meter that is located after the primary meter and meters water that has been measured by the Primary Meter and does not enter the municipal wastewater system. Water measured by the Deduct Meter is deducted from the total water measured by the Primary Meter to calculate the net sewer charge.

 

(o) "Degree of hazard" is a term derived from an evaluation of the potential risk to health and welfare.

 

(p) "Director" means the director of environmental protection or the director's duly authorized representative.

 

(q) "Double check valve assembly" means an assembly composed of two single, independently acting, check valves including tightly closing shut-off valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve.

(r) "Double check-detector check valve assembly" means a specially designed assembly composed of a line-size approved double check valve assembly with a specific bypass water meter and a meter-sized approved double check valve assembly. The meter shall register accurately for only very low rates of flow and shall show a registration for all rates of flow.

 

(s) "Health hazard" means any condition, device, or practice in a water system or its operation that creates, or may create, a danger to the health of users.

 

(t) "Human consumption" means the ingestion or absorption of water or water vapor as the result of drinking, cooking, dishwashing, hand washing, bathing, showering, or oral hygiene.

 

(u) "Interchangeable connection" means an arrangement or device that will allow alternate, but not simultaneous, use of two sources of water and includes an approved reduced pressure principle backflow prevention assembly or an approved reduced pressure principle-detector assembly on the public water system side of the connection.

 

(v) "Person" means the state, any political subdivision, public or private corporation, individual, partnership, or other legal entity.

 

(w) "Pollution hazard" means a condition through which an aesthetically objectionable or degrading material, which is not dangerous to the public water system or health of users, may enter the public water system or portion of a consumer's water system.

 

(x) "Potable water" means water intended for human consumption.

 

(y) "Premises" means any building, structure, dwelling or area containing plumbing or piping supplied from a public water system.

 

(z) "Process fluids" means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration that would constitute a pollutional system, health or severe health hazard if introduced into the public water system or portion of a consumer's water system. This includes, but is not limited to,

 

(1)  polluted or contaminated waters;

(2)  process waters;

(3)  used waters originating from a public water system which may have deteriorated in                                              sanitary quality;

(4)  cooling waters;

(5)  contaminated natural waters taken from wells, lakes, streams, or irrigation systems;

(6)  chemicals in solution or suspension;

(7)  oils, gases, acids, alkalis, and other liquid and gaseous fluids used in industrial or    

      other processes, or for firefighting purposes.

 

(aa) “Process waters” means used waters originating from a public water system which may have deteriorated in sanitary quality.

 

(bb) "Public water system" has the same meaning as in rule 3745-81-01 of the Administrative Code.

 

(cc) "Reduced pressure principle backflow prevention assembly" means an assembly containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shut-off valves located at each end of the assembly and each assembly shall be fitted with properly located test cocks.

 

(dd) "Reduced pressure principle-detector assembly" means a specially designed assembly composed of a line-size approved reduced pressure principle backflow prevention assembly with a specific bypass water meter and a meter sized approved reduced pressure principle backflow prevention assembly. The meter shall register accurately for only very low rates of flow and shall show a registration for all rates of flows.  

 

(ee) “Right of Way” means the right to build and operate a road or utility on land belonging to another.

 

(ff) "Service connection" means the terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.

 

(gg) Service line” means the connection to the water main and the water line that extends from the corporation stop to and including the curb stop and box.

 

(hh)"Severe health hazard" means a health hazard to users that could reasonably be expected to result in significant morbidity or death.

 

(ii) "Supplier of water" means the owner or operator of a public water system.

 

(jj) "System hazard" means a condition posing an actual or potential threat of damage to the physical properties of the public water system or a consumer's water system.

 

(kk) "Used water" means any water supplied by a supplier of a public water system to a consumer's water system after the water has passed through the service connection and is no longer under the control of the supplier.

 

(ll) “Village” means the Village of Granville, and any authoritative member such as the Village Manager, Utilities Director or Water Superintendent.

 

(mm) “Water main tap” means a threaded opening made into the Municipal water main for the acceptance of a corporation stop.

 

(nn) “Water Rate” means a rate or fee used for a public water supply.  These rates are utilized to operate and maintain the water system.

 

(oo) “Water service outside municipality” means water service furnished to consumers in contract areas or water service authorized by Council for consumers in non-contract areas outside the municipality.

 

(pp) "Water system" means a system for the provision of piped water or process fluids and includes any collection, treatment, storage or distribution facility used primarily in connection with such system.

 

(qq) "Yard hydrant" means a device that is located outside of a building, equipped with a valve mechanism that controls the delivery of potable water and is not designed to supply a fire department pumper.

 

925.01  WATER SUPPLY, OWNERSHIP AND CONTROL  

 

(a)  The public water supply system of the Village of Granville, including all wells, pumping and treatment equipment, storage tanks, water mains, valves, fire hydrants, meters and services, is owned and operated by the Village of Granville under the control of the Village Manager and his duly authorized agents or Village employees.  Such control shall include all piping from the municipal mains to the curb box or to where the municipal water is finally discharged freely at atmospheric pressure.

 

(b)  No person, firm or corporation shall make or maintain a physical connection between the Village’s public water system and any other sources of water or other liquid.  No spigot or outlet connected to the Village’s water system shall also be physically connected to a sewer or drain, nor shall such spigot or outlet be below a free overflow or submerged.  An air gap separation must be present. If such a connection is made, it shall be considered as a cross connection, and if not removed, it shall be just reason for discontinuing service.

 

(c)  The Village does not guarantee consumers full volume, fixed pressure, fixed chemical quality or an effective continuous supply of water, such matters being subject to the varying conditions that may affect the operation and maintenance of the mains, services, pumping stations, reservoirs and other parts of the water system.  No claim shall be considered for damages of any nature alleged to have arisen from changes in pressure, volume, chemical quality or any other fluctuations or interruption of water service.  The Village, however, in case of accident or necessity, which requires the interruption of the supply, endeavors to notify its customers in advance.

 

925.02  TAMPERING WITH WATER SYSTEM AND/OR VIOLATION OF WATER SYSTEM RULES.

 

(a)  No person shall tamper with or remove any meter seal or insert a meter bypass without the permission of the Manager or his authorized agents.

 

(b)  No person shall operate, open or otherwise tamper with any valve, curb stop or other device, after the same has been closed for violation of any rule or regulation of the Village; or unlawfully secure a supply of water through such valve, curb stop or other device after the same has been closed for the violation of any rule or regulation of the Village or in any way take water for private use unlawfully.

 

(c)  No person shall put filth, animal matter, drugs, chips, shavings or any other non-potable substance into any municipal potable water reservoir, bathe or swim therein.     

 

(d)  The penalties herein are in addition to the penalties provided by the criminal laws of Granville and the state and making payment herein shall not in any way relieve any person from criminal prosecution.

 

925.03  WATER MAIN CLASSIFICATION.

 

(a)       Distribution main - any water main or main extension intended primarily to serve

properties or premises abutting the street, road or way in which it is laid.

 

(b)  Trunk main - any water main not less than eight inches in diameter intended primarily to carry water for the supply of distribution mains

 

(c)       Service line - a pipe tapped into a water main for the purpose of serving private premises.  Fire line - non-potable, static pressure line constructed for fire suppression only.

 

(d)      Installation of all mains and lines shall be in accordance with Village Construction Material Specifications as amended.

 

925.04  WATER MAIN EXTENSIONS.

 

Except as specifically provided by ordinance of Council, all construction of water main extensions and water service branches in streets and ways, not already supplied with water, shall be in accordance with one of the plans set forth herein:

 

(a)   Plan No. 1: Payment of Entire Cost in Advance.  Any one or more property owners may request the Manager to determine the feasibility and the estimated cost of the construction of a proposed water extension to serve the premises.  If the Manager approves the proposed extension and determine the estimated construction cost, such property owners may deposit with the Municipality a sum equal to such estimated cost and the Village shall thereupon proceed with the subject construction.  Any surplus in the deposit over and above the construction cost shall be refunded to the owner or their agent.  Should the construction cost exceed the deposit amount the owner or owners shall pay this excess amount and no water service shall be rendered from the extension until the cost is paid in full.

 

(b)   Plan No. 2: Construction by Owner.  The Village may permit or require the owner or owners to arrange for the laying of water main extensions by private contract to be under the supervision of the Village.  In any such case, the Village shall require a deposit in the sum of three percent (3%) of the total estimated cost as a guarantee against defective workmanship or materials.  Such deposit, less any sums expended by the Village for repair or replacement of defective work or materials, shall be refunded one year after the water main extension has been placed in service.  No other refund or payment shall be made.  Materials and plans used for water main extension must be approved by the Village.

 

(c)   Plan No. 3: Assessment in Accordance with Ohio Revised Code.  The owners of property to be served by a proposed water main extension may petition for, or Council may authorize, the construction of such extension and the assessment of the cost thereof in accordance with the provisions of the Ohio Revised Code.

 

(d)   Plan No. 4: Construction Authorized by the Village.  If, in the opinion of the Manager, it is necessary to extend a water main through an area not suitable for immediate development or an area the ownership of which is such as to make Plans 1, 2 and 3 undesirable, the Manager may then authorize construction of such main and charge a front foot rate for tapping the same in addition to the regular service branch charge, as provided in this chapter.  The front foot rate shall be the same for all premises involved and shall be sufficient to ultimately return the entire cost to the Municipality except that in the case of a trunk main, the front foot rate shall only return to the Municipality such an amount as would have constructed a main of sufficient size to serve the area with water and fire protection.  The installation of a service line to serve each lot with water shall be required for any of the above water main extension plans.

 

(e)       Payment for water improvements must be made to the Village before gaining access to the water system.

 

925.05  GENERAL RULES FOR WATER LINE EXTENSIONS.

 

(a)  No extension of a water main shall be approved for less than the entire right-of-way frontage of the property served and the necessary length from the existing main to that frontage.

 

(b)  Plans for all water system main construction shall be drawn by a registered engineer.

 

(c)  All water mains shall be installed to plan and profile in accordance with standard specifications of the Village and be approved by the Manager on advice of the consulting engineer and the Ohio Environmental Protection Agency.

 

(d)  The Village and consulting engineer shall in all cases specify the size and location of the water main to be installed as well as the number and location of valves, fire hydrants or other appurtenances thereto.

 

(e)  The Manager, on the advice of the consulting engineer, may designate any water main as a trunk main.  Where mains are to be installed to serve both trunk and distribution requirements, the installation cost shall be divided between the Municipality and the developers/owners of the abutting property, with the owners paying the cost of constructing a line of sufficient size to serve the area with water and fire protection (a minimum of eight inches). Where a water main extension is required by the Municipality to be installed larger than eight inches in nominal diameter, the Municipality shall pay the difference in the cost of the pipe, fittings and valves between the installation of an eight inch water main and the water main installed.

 

(f)  All water mains extended or installed under these rules and regulations shall, upon being supplied with water, become the sole property of the Municipality and all maintenance, repair costs and charges shall be assumed by the Village.        

 

925.06  PERMITS.

 

(a)  Any property owner, firm, corporation or contractor desiring a new or enhanced service line to the municipal water mains shall make application in person or by agent at the municipal office for such connection and sign a contract for water service.  Total charges for such permit, including capacity fees, tap fees, etc., shall be paid at the time of application.  The application for a permit shall be reviewed by the Manager and Utilities Director.  Notification of approval or disapproval shall be given within seven (7) working days after receipt of the application.

 

(b)  A permit for a water service line to serve a property or premises shall be issued only after a County Health Department plumbing permit has been issued.

 

(c)  Contractors and tradesmen for building construction shall pay a monthly flat rate water charge of fifty dollars ($50.00) per month or fraction of month for each unit of residential construction.  Such charge shall begin on the date that water is first turned on at the building site and shall continue until the Village is notified that the final plumbing inspection has been made by the County Health Department and the premises are ready for water meter installation.

 

(d)  No permit shall be issued for a service line to serve any premises unless such premises abut an adequate sized main installed across the entire frontage to be served.  A permit for a service line may be refused if, in the judgment of the Village, the water main is of insufficient size to supply the additional water demand and maintain satisfactory service to established consumers.

 

(e)  No person shall make any extensions or alterations for water service to any premises until a written permit from the Manager's office for each separate job is first obtained.

 

925.07  SERVICES.

 

(a)  The existence of a service line to private property shall bind the owner thereof to comply with the water rules and regulations of the Municipality and shall be evidence of his guarantee of all water rents and assessments even though a tenant occupies the property.

 

(b)  The service line from the main to the property line curb stop shall be installed by a bonded contractor at the property owner’s expense.  The contractor shall furnish all supervision, labor, equipment, tools, pipe fittings, paving materials and any miscellaneous items necessary to complete the water tap of the main and installation of the service line up to and including the curb stop and box, which shall be located as near the property line as practicable.  All work is to be performed in compliance with the Village’s Construction Materials Specifications.

 

(c)  The service branch from the water main to the point of connection with the building plumbing shall be installed by the property owner or his agent, at the property owner’s expense, and insofar as possible, shall be in a straight line. 

 

(d)  All single living unit dwellings, for which municipal water service is required, shall be individually provided with water through a service line equipped with a shut-off valve and meter according to the Villages Construction Materials Specifications.  There shall be but one such dwelling or building on a service line and each service line shall be metered separately.  The service line to each such dwelling or building shall have a separate and distinct curb stop located outside the premises, directly adjacent to the premises and on a public right-of-way.      

 

(1)  When multi-family or multi-unit structures are to be constructed and individual metering is requested, each unit shall have a separate tap into the water main, water meter and curb stop.  The water capacity fee shall be paid to the Village based upon the size of water tap serving each unit.  Easements must be provided as required by the Village.

 

(2)  When multi-family or multi-unit structures are to be constructed and one central meter is requested to serve those units or structures and a single tap will be required, the curb valve and meter are to be installed as close as possible to the water main tap serving the premises.  The water capacity fee shall be paid to the Village based upon the size of the water main tap serving the premises. Easements must be provided as required by the Village.  Proper tap size and number of units/structures to be served shall be approved by the Village and constructed per village specifications.

 

(e)  The Village of Granville shall determine the size of a water service line required to provide adequate service to all living units.

 

(f)  Whenever a break or leak occurs in a service line between the main and the curb box, the repair shall be at the Village’s expense and completed as soon as possible.  If such a break or leak occurs back of the curb box at any place upon the premises supplied, the property owner shall have the break or leak repaired at the owner’s expense.  Failure to make repairs may result in water being turned off and the property owner charged for the estimated quantity of water lost.

 

(g)   Any person, firm, corporation or water user may discontinue water service by proper notice to the Municipal office, be relieved of their responsibility when the water is turned off at the curb box and the account cleared on the records of the Municipality.

 

(h)   Any property owner or his duly authorized agent desiring water service from an existing service line must sign for such service at the municipal office before such service shall be provided.  Water service shall be refused an applicant or premises owing for previous service or assessments. 

 

(i)    Backflow prevention and cross-connection control is required by the Village to ensure water quality. Rules 3745-95-01 through 3745-95-08 of the Ohio Environmental Protection Agency Rules and Regulations for Public Water Systems are in effect, as were effective November 26, 1980, except that “Director,” as defined in Rule 3745-95-01(W) means the Utilities Director of the Village or his duly authorized representative and further provided that “public water system” as defined in Rule 3745-95-01(T) means the Village’s public water system. 

 

(j)    Implementation of dual check assembly meeting, ASSE 1024 Standards with an expansion tank on residential dwellings, will be required on all new replacement water service lines and new water services after November 1, 1994.

 

Implementation of dual checks, meeting ASSE 1024 Standards with an expansion tank on residential dwellings, will be required wherever a potential cross connection is found to exist and where there is a potential second water source to a facility.

 

(k)  If a water service is abandoned, it must be abandoned at the water main and the corp stop by either shutting it off or removing it from the water main at the property owner’s expense,

 

925.08 METERING.

 

(a)   The appropriate sized water meter with generator and radio remote shall be installed by the Village at the property owner’s cost of which is to be paid by the property owner including the cost of the meter, fitting, etc., plus twenty percent (20%). After the initial installation, the water meter is then owned and maintained at the Village’s expense.

 

(b)   Water meters may be installed either inside the building or residence or in an approved meter pit on the outside of the building.  The Village shall specify the meter location.

 

(c)   Each meter assembly shall include shut-off valves on both sides of the meter. Both shut-off valves are the property owner’s responsibility to maintain.

 

(d)   Inspectors, meter readers and employees of the Village, whose duty it may be to enter a private premise to examine meters, pipes or other fixtures used in connection with the Municipal water supply, shall be equipped with a proper badge or such other credentials as the Manager may deem necessary to identify them as agents of the Village.  Such inspectors, meter readers or employees authorized by the Village shall be granted free access at all reasonable hours to all parts of the building for the purposes of inspecting meters, examining fixtures and observing the manner in which the Village water is used.  In case any authorized inspector, meter reader or employee is refused admittance to any premises or shall be hindered or prevented from making such examination, the water shall be turned off and not turned on again until free access is given and the fee of fifty dollars ($50.00) is paid.

 

(f)       The Village shall, on its initiative, undertake to test and replace any meter which in its

judgment is registering incorrectly, without the consent of the property owner.  The Water Division shall not be responsible for breakage of pipes or valves occurring during removal or installation of a meter where such breakage is due to old or faulty plumbing.

 

(f)   Upon request from an owner or customer and completion of an agreement to pay for test charges, the Village shall remove any residential meter to the meter shop for test.        

If, upon examination and test, it is found that the meter registers over the tolerance limits of plus or minus 2% of the average flow at a standard flow rate of ¾ gpm, 2 gpm, and 8 gpm, it shall be considered inaccurate and a new meter will be installed at Village expense. The most recent water charge shall be adjusted on the basis of the test and there will be no charges for testing. If the meter is found to be accurate, the meter will be put back into service and the customer will pay the test fee of $50.  All meters larger than 1” will be tested for accuracy by an independent tester.

 

(g)      Meters damaged by private abuse, misuse (including freezing), accident or any act of carelessness shall be replaced by the Village at the expense of the owner. 

 

925.09   FIRE PROTECTION SERVICE AND FIRE HYDRANTS.       

 

(a)   Applicants for connections to the Municipal mains, for the purpose of obtaining a supply of water for a sprinkler system, must first furnish plans and specifications of the same to the Village for review and approval with all plans being in compliance with the Village Construction Materials Specifications.  Plans and specifications shall include a Double Check Detector assembly.  Plans or blueprints showing the fire system as completed, with all measurements, outlets, etc., must be filed with the Water Division office before water shall be allowed to supply the system.  Pipes intended for fire protection must not be tapped or used for the general supply of any building, structure or premises.  Any fire protection system that contains an additive (including food grade additives), and any fire protection system utilizing antifreeze, must be protected using a reduced pressure detector check assembly. Ethylene Glycol antifreeze is not permitted and if antifreeze is used, then it must be propylene glycol.

 

(b)   No persons, except an authorized agent of the Village or the Fire Department, shall take any water from fire hydrants except with written permission from the Village.  In case any damage is done to a fire hydrant, by any person, shall , pay such damages, all costs and expenses incurred by reason thereof upon demand of the Village.  Procedures and rules for water taken from the fire hydrants, for any reason except firefighting, shall be established by the Manager.

 

(c)   The Fire Department shall have the right to use water from any hydrant, hose, pipe or other fixture wholly or in part for fire protection purposes.

 

925.10   METER READING AND BILLING.

 

(a)   Meters shall be read as directed by the Village Manager and as near the same date as possible.  If the meter reader is unable to gain access to the premises or meter, or if the meter is out of order, an estimated charge shall be made from previous readings or similar services of the same water use.  The defective meter shall be replaced within 30 days of notice.  Water service shall be discontinued if the property owner fails to provide access for the Village to the water meter within 30 days of notice per Section 925.08(d).

 

925.11   WATER SYSTEM CAPACITY CHARGES.

 

(a)   A water system capacity charge shall be paid to the Village for each new or increased service whenever an application for a connection permit is made for a water service tap to be connected to a water line which is part of or will become a part of the Village’s water system, or which is built by or under the direction and/or supervision of the Village.  No water service tap shall be connected to such water lines without a connection permit first being issued by the Village.  Upon proper proof of hardship, the Village Manager may arrange for a payment schedule for the foregoing capacity charge.

 

(b)        Capacity Charges:

 

              (1)      Capacity charges for water service shall be as follows:

 

                        Nominal Tap Diameter (inches)                      Capacity Charge

                                    3/4                                                       $    2,136

                                    1                                                                3,797

                                    1-1/2                                                          8,543

                                    2                                                               15,196

                                    3                                                               34,174

                                    4                                                               60,753

                                    6                                                              136,695

                                    8                                                              243,013

 

                          (2)      Capacity charges for standby water service, where connection permits are granted solely for fire protection, shall be as follows:

 

                        Nominal Tap Diameter (inches)                      Capacity Charge

                                    2                                                          $     550

                                    3                                                              1,250

                                    4                                                              2,200

                                    6                                                              5,000

 

                        (3)        Capacity charges where a connection permit is granted for a combination of normal and fire protection service shall be the sum of the capacity charge in subsection (b)(1) hereof for the tap size required for normal service plus the capacity charge in subsection (b)(2) hereof for the actual tap size installed.

 

(4)        In the event a water service tap is enlarged, the capacity charge difference between the two diameter sizes shall be paid to the Village.

 

            (5)        Any water service tap larger than those set forth herein shall be the subject of a special action by Council prior to issuance of a connection permit.

 

            (6)        Water service taps shall not be smaller than the water service line connecting the tap to the property or facility serviced.

 

            (7)        Water system capacity charges shall be deposited into the Village's Water Capital Improvement Fund.

 

925.12  SERVICE OUTSIDE MUNICIPALITY.

 

(a)  The rates for water service to consumers located outside the municipal limits shall be in accordance with Section 925.19.  The location of water use shall control and not the location of the main.

 

(b)   The provisions of Ohio R. C. 743.14, "Supervision of Territory Having Water Service Outside Municipal Corporations," shall apply to this chapter.  Any firm, person, corporation or premises, either presently connected or desiring to be connected with the Village water supply shall comply with the requirements and provisions of all pertinent Village ordinances and departmental rules and regulations.          

 

925.13  GENERAL RULES FOR CHARGES AND PAYMENTS.

 

(a)  All unpaid water rents shall become due and payable on the fifteenth day of each month (excepting if the fifteenth happens to fall on a weekend or Village-recognized holiday, then the next work day) following receipt of the bill.  After the due date, a ten percent (10%) late fee shall be assessed against any unpaid water and sewer charge(s).  Accounts not cleared by thirty days from the date of issue shall be considered as being delinquent and water service shall be discontinued at any time thereafter.

(Ord. 14-05.  Passed 4-6-05.)

 

(b)  The Village shall endeavor to give proper notice of water and/or waste water charges, but by law, cannot guarantee delivery of mail.  Failure to receive notice by mail shall not excuse customers from prompt payment of bills.

 

(c)  The Village shall accept only total and complete payments for charges billed.

 

(d)  The owners of the property shall maintain their private piping and plumbing fixtures in good condition and no adjustments shall be made for leaks that register on water meters.

 

(e)  Water service shall be disconnected for accounts delinquent in excess of 60 days and not resumed unless all charges, including the $50 “turn on fee”, are paid in full.  Service restoration by the Village will be made during normal operating hours. 

 

(f)   Payment of all charges for water used through a meter shall be the responsibility of the owner of the property upon which the meter is located.  Bills may be rendered to the owner or to any other person properly in possession of the property.  A change in ownership of property shall not relieve any new owner from liability for unpaid charges, some or all of which may be for water services supplied prior to his commencement of ownership.  All unpaid accounts for water charges shall become a lien against the property served. 

(Ord. 4-84. Passed 3-21-84.)

 

925.14  RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS.

 

(a)       The rates provided in subsection (a)(1) below shall be effective for water usage during the month of January 2012, which will be reflected in the meter readings that will occur on or about February 1, 2012 and billed on or about March 1, 2012:

 

(1)               The price to be charged for water furnished by the Village to residential and

            business consumers situated in the municipality are hereby fixed as follows:

 

                                          A.  If the total water used in any one (1) month period is 1000 gallons or less, there shall be a charge of four dollars and forty-four cents ($4.44).  

                                          B.  If the total water used in any one (1) month period is more than 1000 gallons, the charge for all water used shall be at the rate of four dollars and forty-four cents ($4.44) per 1000 gallons or for any fractional part thereof.

                                          C.  All utility accounts will be charged at least a minimum monthly utility bill unless the water service has a final reading or is shut off at the curb stop by the Village.

 

(b)   The rates provided in subsection (b)(1) below shall be effective for water usage during the month of November 2012, which will be reflected in the meter readings that will occur on or about December 1, 2012 and billed on or about January 1, 2013:                                                                                               

 

(1)               The price to be charged for water furnished by the Village to residential and business consumers situated in the municipality are hereby fixed as follows:

 

  1. If the total water used in any one (1) month period is 1000 gallons or less,

there shall be a charge of four dollars and eighty-eight cents ($4.88).  

  1. All utility accounts will be charged at least a minimum monthly utility bill

unless the water service has a final reading or is shut off at the curb stop by the Village.

 

925.15   RATES FOR USERS OUTSIDE THE MUNICIPAL LIMITS.

 

The price to be charged for water furnished by the Water Division to consumers situated outside the Municipality on all water used, billed on or after October 1, 1985, is hereby fixed at two times the rate charged to consumers situated in the Municipality, unless consumers of water in excess of 300,000 per month that have negotiated a separate water agreement as approved by ordinance by Village Council.  The Council is not required to offer a separate agreement.

 

925.16   SPECIAL WATER USE CHARGES.

 

(a)   Purpose.  The Village Manager may allow water supplied on special requests for water to nonsubscribers.

 

(b)   Application and Approval.

 

(1)        Request shall be made to the Village and shall indicate the anticipated amount of water that is desired and the time or times it will be required.

 

(2)        Permission to purchase water shall rest solely with the Village, based on the need to avoid jeopardizing service to regular subscribers.

 

(3)        In the event a request for special water is approved, the manner and time that water is supplied shall be controlled by the Village dictated by the time and place that the water draw will cause the least disturbance to the municipal water supply

 

(c)   Charges.  A charge of ten dollars ($10.00) per 1,000 gallons of water shall be paid, plus a meter rental fee of $100 per day.

 

A Village representative shall transmit the necessary billing information to the administrative and fiscal office at the completion of the sale and all purchases shall be billed to the customer and paid within three (3) days of service.

 

925.99   PENALTY.

 

Whoever violates any provision of this chapter shall be fined not more than one hundred dollars ($100.00).  A separate offense shall be deemed committed each day during or on which an offense occurs or continues.

 

Section 3.  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 20th day of August, 2014.

Ordinance No. 05-2014

ORDINANCE NO. 05-2014 

AN ORDINANCE TO AMEND ORDINANCE NO. 22-2013 PROVIDING FOR ADJUSTMENT OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2014 AND REVISING SUMS FOR OPERATING EXPENSES

 

WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the municipal budget for the fiscal year beginning January 1, 2014 and ending December 31, 2014, and; 

WHEREAS, the Finance Director has recommended appropriations to supplement previously made appropriations; and 

WHEREAS, adjustments would be made to accommodate the following needs:

  1. Waste Water Fund - $276,000 for Capital Outlay  
  2. Capital Project Reserve Fund - $172,000 for Capital Outlay
 

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that: 

Section I:    The annual budget of the Village of Granville, as established by Ordinance No.22-2013, be amended by the Council, as recommended by the Finance Director, and is hereby adopted. 

Section II:   To provide for operating expenditures during the fiscal year ending December 31, 2014, the following additional appropriations are hereby made to the following funds:

 

        Account                                        Description              Additional Appropriation

 Waste Water - E2-5-H-250                  Capital Outlay                    $276,000

 Capital Reserve - A8-6-B-250              Capital Outlay                     $172,000

 

Section III:    This ordinance shall take effect and be in full force upon the earliest date allowed by law.   

Passed this 4th day of June, 2014.

                                                           

Ordinance No. 04-2014

ORDINANCE NO. 04-2014

AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES

 

WHEREAS, certain provisions within the Codified Ordinances should be amended to conform with current State Law as required by the Ohio Constitution; and 

WHEREAS, various ordinances of a general and permanent nature have been passed by Council which should be included in the Codified Ordinances; and 

WHEREAS, Council has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision that is before Council. 

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE, STATE OF OHIO THAT: 

Section 1: The ordinances of Granville, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2014 Replacement Pages to the Codified Ordinances are hereby approved and adopted. 

Section 2: The following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law:


 Traffic Code

 
301.031 Beacon; Hybrid Beacon. (Added)

301.04 Bicycle. (Amended)

301.161 Highway Traffic Signal. (Added)

301.17 Intersection. (Amended)

301.181 Median. (Added)

301.26(b) Private Road or Driveway. (Added)

301-361 Shared-Use Path. (Added)

301.45 Traffic. (Added)

301.46 Traffic Control Device. (Amended)

301.47 Traffic Control Signal. (Amended)

303.01 Compliance With Order of Police Officer. (Amended)

303.041 Emergency, Public Safety and Coroner’s Vehicles Exempt. (Amended)

303.99 General Traffic Code Penalty. (Amended)

313.03 Traffic Signal Indications. (Amended)

313.04 Lane-Use Control Signal Indications. (Amended)

313.05 Special Pedestrian Control Signals. (Amended)

313.06 Flashing Traffic Signals. (Repealed)

331.12 U-Turns Restricted. (Amended)

333.01 Driving or Physical Control While Under the Influence. (Amended)

333.03 Maximum Speed Limits. (Amended)

333.11 Texting While Driving Prohibited. (Added)

335.032 Electronic Wireless Communication Device Prohibited. (Added)

335.07 Driving Under License Suspension or Restriction. (Amended)

335.072 Driving Under Financial Responsibility Law Suspension or Cancellation. 

 (Amended)

335.074 Driving Under License Forfeiture or Child Support Suspension. (Amended)

337.01 Driving Unsafe Vehicles. (Amended)

337.09 Lights on Parked or Stopped Vehicles. (Amended)

337.18 Motor Vehicle and Motorcycle Brakes. (Amended)

337.23 Limited Load Extension on Left Side of Passenger Vehicle. (Amended)

337.29 Bumper Heights. (Amended)

339.03 Maximum Width, Height and Length. (Amended)

339.06 Vehicles Transporting Explosives. (Amended)

339.07 Towing Requirements. (Amended)

339.08 Loads Dropping or Leaking. (Amended)

341.01 Commercial Vehicle Definitions. (Amended)

341.03 Prerequisites to Operation of a Commercial Motor Vehicle. (Amended)

341.05 Commercial Drivers’ Criminal Offenses. 

351.04 Parking Near Curb; Handicapped Parking. (Amended)

373.02 Riding Upon Seats; Handle Bars; Helmets and Glasses. (Amended)

 General Offenses Code 

501.01 Definitions. (Amended)

501.11 Organizational Criminal Liability. (Amended)

505.071 Cruelty to Companion Animals. (Amended)

513.01 Drug Abuse Definitions. (Amended)

513.03 Drug Abuse; Controlled Substance Possession. (Amended)

513.12 Drug Paraphernalia. (Amended)

513.121 Marihuana Drug Paraphernalia. (Added)

517.01 Gambling Definitions. (Amended)

517.02 Gambling. (Amended)

517.05 Cheating. (Amended)

517.06 Methods of Conducting a Bingo Game. (Amended)

517.07 Instant Bingo Conduct. (Amended)

517.08 Raffles. (Amended)

517.09 Charitable Instant Bingo Organizations. (Amended)

517.10 Location of Instant Bingo. (Amended)

517.11 Bingo or Game of Chance Records. (Amended)

517.13 Bingo Exceptions. (Amended)

517.15 Skill-Based Amusement Machines. (Amended)

525.01 Law Enforcement and Public Office Definitions. (Amended)

525.02 Falsification. (Amended)

525.05 Failure to Report a Crime, Injury or Knowledge of Death. (Amended)

529.01 Liquor Consumption in Motor Vehicle. (Amended)

529.021 Purchase by Minors. (Amended)

529.04 Liquor Consumption in Motor Vehicle. (Amended)

529.07 Open Container Prohibited. (Amended)

533.08 Procuring. (Amended)

533.09 Soliciting. (Amended)

537.03 Assault. (Amended)

537.12 Misuse of 9-1-1 System. (Amended)

537.17 Criminal Child Enticement. (Amended)

545.01 Theft and Fraud Definitions. (Amended)

545.05 Petty Theft. (Amended)

545.18 Receiving Stolen Property. (Amended)

549.01 Weapons and Explosives Definitions. (Amended)

549.02 Carrying Concealed Weapons. (Amended)

549.04 Improperly Handling Firearms in a Motor Vehicle. (Amended)

549.10 Possessing Replica Firearms in School. (Amended)

553.03 Duties of Locomotive Engineer. (Amended)

 
 Fire Prevention Code 

1501.01 Adoption. (Amended)

1511.05 Open Burning; Recreational Fires; Portable Outdoor Fireplaces (Added) 

Section 3: The complete text of the sections of the Codified Ordinances listed above is set forth in full in the current replacement pages to the Codified Ordinances. Notice of adoption of each new section by reference to its title shall constitute sufficient publication of new matter contained therein. 

Section 4: This ordinance shall be in full force and effect from and after the earliest period allowed by law. 

Passed this 7th day of May, 2014.

Ordinance No. 03-2014

ORDINANCE NO. 03-2014

AN ORDINANCE GRANTING APPROVAL TO PURCHASE THE DEVELOPMENT RIGHTS FOR AN EASEMENT FOR 13.6 ACRES TO THE GRANVILLE GOLF COURSE LOCATED AT 555 NEWARK-GRANVILLE ROAD

 

            WHEREAS, the Granville Golf Course is an iconic part of the Granville community, and 

            WHEREAS, the owners of the Granville Golf Course have indicated a willingness to sell the development rights for the golf course in order to set aside this natural property for future generations, and 

            WHEREAS, Granville Township has negotiated a purchase agreement with the golf course owners for a conservation easement over a majority of the golf course property using state authorized Open Space funds; and 

            WHEREAS, it is determined appropriate for the Village to join with Granville Township to acquire an easement over 13.6 acres of the golf course property including the clubhouse and other improvements per the attached survey, together with a right of first refusal; and 

            WHEREAS, the golf course owners and the Village have negotiated the attached easement agreement, which addresses the community needs; and 

            WHEREAS, the negotiated price per acre is equal to that paid by the Granville Township, based on an independent appraisal that is acceptable to all parties; and 

            WHEREAS, the Village Council of Granville determined that the acquisition of the development rights, per the attached easement and property description, is in the Village’s best interests and for a proper public purpose. 

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1:    The Council of the Village of Granville does hereby agree to purchase an easement from the Granville Golf Course for 13.6 acres, as described on the easement document designated "Exhibit B", and as shown on the easement survey document designated "Exhibit A" attached hereto and made a part hereof.  

Section 2:   The Village Manager is hereby directed to execute said easement document on behalf of the Village of Granville. 

Section 3:    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 2nd day of April, 2014.

Exhibit A

Exhibit B

Map

Ordinance No. 02-2014

ORDINANCE NO. 02-2014 

AN ORDINANCE TO AMEND SECTIONS 1113.03, 1113.04 AND ADD SECTION 1113.05 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO THE PROCEDURE FOR PLAT APPROVAL

 

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village. 

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1. That existing Sections 1113.03 and 1113.04 are hereby amended and Section 1113.05 of the Codified Ordinances is added to read as follows: 

            1113.03  PRELIMINARY PLAT.

            (a)       Submission.

                        (1)       The subdivider/developer shall prepare a preliminary plat together with improvement plans and such other data as may be required by Chapters 1109, 1117, 1121 or 1147.

                        (2)       Eleven (11) copies of the preliminary plat and other required material shall accompany a written application to the Planning Commission.

                        (3)       For consideration at the next regularly scheduled meeting of the Planning Commission, the application including all required attachments shall be submitted to the Village Planner. The application shall be considered officially filed after it is examined by the Village Planner or his/her designee and is found to be complete in all respects. The Planning Commission shall not consider an application for a preliminary plat which is found to be incomplete.

            (b)       Approval.

                        (1)       The Village Planner or other designee of the Manager shall transmit copies to the Municipal Engineer, the appropriate boards, commissions and departments of the Municipality, and to all affected local utility companies for their review, recommendations, or action.

                        (2)       The Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications, conditionally approved, or disapproved. Conditional approval may be based upon the subdivider/developer obtaining approval for any deviations or variances from these regulations by the authority empowered to grant such deviations or variances.  

            (c)       Size and Scale.

                        (1)       The preliminary plat shall be clearly and legibly drawn. The scale of the plat shall be not less than one (1) inch equals one hundred (100) feet.

                        (2)       The plat of a subdivision containing six (6) acres or less shall be drawn at a scale of one (1) inch equals fifty (50) feet. 

            (d)       Plat Contents.  The preliminary plat shall contain the following information:

                        (1)       Proposed name of the subdivision which name shall not duplicate, be of the same in spelling or alike in pronunciation with any other recorded subdivision. However, in the case of a subdivision platted by phases, the subdivider/developer shall be permitted to use the same subdivision name;

                        (2)       Location and distance to any adjacent street intersection or plat;

                        (3)       Names and addresses of the subdivider/developer and/or owner and surveyor;

                        (4)       Scale of the plan, north point and date;

                        (5)       Boundaries of the subdivision indicated by a heavy line and the acreage of the subdivision;

                        (6)       Location, widths and names of existing or platted streets, railroad rights of way, easements, parks, permanent buildings, military survey and township lines within and adjacent to the subdivision;

                        (7)       Names of adjacent subdivisions and owners of adjoining parcels of land, deed book and page number and adjacent zoning;

                        (8)       Existing contours with intervals of not more than five (5) feet where the slope is greater than ten (10) percent, or not more than two (2) feet where the slope is less than ten (10) percent. Elevations shall be based on sea level datum;

                        (9)       Power transmission poles and lines and any other significant items; and

                        (10)     Vicinity sketch at a scale not smaller than 1" = 2000'. 

            (e)       Other Contents.

                        (1)       Wooded areas, rivers, streams, watercourses, drainage routes and patterns, pending areas and wetlands.

                        (2)       The 100-year floodplain, including the floodway definition, of any watercourse identified by FEMA, National Flood Insurance Program, Flood Insurance Rate Maps.

                        (3)       Soils information, derived from the Soil Survey of Licking County.

                        (4)       Approximate building locations within 100 feet of the subdivision.

                        (5)       Storm and sanitary sewers (with sizes and inverts), culverts, drainage tile, water lines, gas lines, and utility lines and poles within and adjacent to the site. Direction and distances to water and sewer lines if not located on or adjacent to the tract of land to be subdivided or developed.

                        (6)       Name, location, pavement and right-of-way width, and approximate grade of proposed and existing streets within or near the site.

                        (7)       Location of proposed blocks, lots (with dimensions, numbers and building lines), reserves and purpose of reserves, and minimum building setback lines.

                        (8)       Preliminary location and size of proposed storm sewers, culverts, stormwater control facilities, sanitary sewers, and waterlines showing easements and outlets or connections to areas beyond the boundaries of the proposed subdivision or development.

                        (9)       Lot grading elevations and major storm routing path.

                        (10)     Location of proposed parkland, public open space, playground, school land, or common areas or facilities.

                        (11)     Location and type of other proposed improvements. 

            (f)        Additional Requirements.  The following items may be required, by the Municipality, to be included with, or be a supplement to the preliminary plat or development plan.

                        (1)       Landscape Plan that is in accordance with Chapter 1193 of the Codified Ordinances.

                        (2)       Screening, buffering and/or noise abatement measures.

                        (3)       Location and results of soil borings or test pits.

                        (4)       Plat wording and/or deed restrictions.

                        (5)       Land dedicated for public use, land reserved by plat wording for public or common use.

                        (6)       Traffic control measures including turning lanes, special curbing and other public safety measures.

                        (7)       Access management practices to control the number and location of drives and access points onto public right of way.

                        (8)       Special type and width of street pavement.

                        (9)       Potential street locations within or adjacent to the site.

                        (10)     Other provisions deemed necessary to allow development consistent with public health, safety and welfare. 

            1113.04  APPROVAL OF PRELIMINARY PLAT.

            After action by the Planning Commission on an application for preliminary plat approval, the Village Planner shall record the action taken as follows:

(a)       If the application was approved, three (3) copies of the approved preliminary plat shall be stamped "Approved by Planning Commission in an official meeting held (date) with the following additional provisions: (list or attach the specific provisions or contingencies, if none so note)" and shall be signed by the Chairman or Village Planner attesting to the action taken.

(b)       If application is disapproved, three (3) copies of the disapproved preliminary plat shall be stamped "Disapproved by the Planning Commission in an official meeting held (date) for the following reasons: (list or attach the specific reasons for denial)" and shall sign same attesting to action taken.

Two (2) copies of the signed preliminary plat shall be forwarded to the applicant and one copy retained in the permanent files of the zoning office. 

The approval of a preliminary plat shall be effective for a period of twelve (12) months, or for such other time as approved by the Planning Commission. 

            1113.05  FINAL PLAT.

            (a)       Submission.   The final plat shall be submitted not later than twelve (12) months after the date of approval of the preliminary plat, or as indicated by the Planning Commission in their final review and approval. Otherwise the preliminary plat shall be considered void unless an extension is requested by the subdivider/developer or is a portion of an overall development previously approved. The final plat shall be considered by the Planning Commission and approved if found to be in full compliance with the formal provisions of these Regulations. The final plat shall be submitted to the Planning Commission in accordance with Section 1141.05, Procedure for Decisions of the Planning Commission. 

            (b)       Contents.  The final plat shall conform to the preliminary plat. The final plat may constitute only that portion of the approved preliminary plat which the subdivider/developer proposes to record and develop at the time, provided that such portion conforms with all the requirements of these Regulations. Cross sections and profiles of streets and all other construction drawings related to the improvements to be constructed in the subdivision shall be submitted with the final plat. 

            (c)       Review.   The Village Planner or designee of the Manager shall transmit copies of the plat to the appropriate Municipal departments for final study and recommendation to the Village Planner. The cross sections and all other construction drawings shall be forwarded to the Municipal Engineer. After receiving a report from the Village Planner, the Planning Commission shall notify the subdivider/developer of any recommended changes or suggestions so that the subdivider/developer may correct the final tracing. In the event a written report is not received prior to the meeting to consider the final plat, the Planning Commission may proceed to act in accordance with these Regulations. 

            (d)       The final tracing shall be submitted in accordance with Section 1141.05, Procedure for Decisions of the Planning Commission. The Planning Commission shall approve or disapprove the final plat within thirty (30) days of consideration, unless mutually extended. If the subdivider/developer resubmits a plat having incorporated any amendments or changes required to meet the provisions of these Regulations, the Planning Commission shall approve the plat. 

            (e)       Form.   The final plat shall be clearly and legibly drawn in permanent ink on Mylar or equivalent. The size of the plat shall be eighteen (18) by twenty-four (24) inches in size. The plat of a subdivision containing six (6) acres or less shall be drawn at a scale of one (1) inch equals fifty (50) feet. All other subdivisions shall be drawn at a scale of one (1) inch equals one hundred (100) feet, unless otherwise required by the Planning Commission. 

            (f)        Plat Contents.   The final plat shall contain the following information:

                        (1)       Name of the subdivision and location;

                        (2)       Accurate traverse of subdivision boundary with true angles and distances to an error of closure of 1: 10,000;

                        (3)       Bearing and distances to the nearest established street lines, military survey or township lines, or other recognized permanent monuments which shall be accurately described on the plat;

                        (4)       Municipal, military survey or township lines accurately tied to the lines of the subdivision by distances and bearings;

                        (5)       Names of streets within the plat;

                        (6)       Length of all arcs, chord and chord bearings, radii, internal angles, points of curvature and tangent bearings;

                        (7)       All easements for rights of way provided for public services or utilities, and any limitations of such easements;

                        (8)       All lot numbers and lines with accurate dimensions in feet and hundredths, and with bearings or angles to street and alley or crosswalk way lines;

                        (9)       Accurate locations of all monuments;

                        (10)     Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon;

                        (11)     Building setback lines with dimensions;

                        (12)     The width at the building lines when tots are located on a curve or when side lot lines are at angles other than ninety (90) degrees;

                        (13)     Protective covenants;

                        (14)     Certification, with seal by a registered professional engineer or registered land surveyor with the State, that the survey and plat are correct;

                        (15)     Notarized certification, by the owner or owners, of the adoption of the plat and the dedication of streets and other public areas;

                        (16)     Certificate for approval of the Planning Commission;

                        (17)     A certificate to provide for the County Recorder;

                        (18)     A certificate to provide for the County Auditor;

                        (19)     Certificate for approval by the Municipal Engineer; and

                        (20)     Such other certificates of approval by proper authority. 

            (g)       Approval.  The subdivider shall be notified of the final action of the Planning Commission, and shall record the final plat in the office of the County Recorder, within sixty (60) days after the date of approval, otherwise the plat shall be considered void. The subdivider/developer shall, immediately upon recording, furnish the Municipality with five (5) prints of the recorded plat. 

Section 2.  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 19th day of February, 2014.

Ordinance No. 01-2014

ORDINANCE NO. 01-2014 

AN ORDINANCE TO AMEND SECTIONS 1135.01, 1149.03, 1149.04, 1149.05, 1149.06, 1149.07, 1149.08, 1165.02, 1165.03 AND ADD SECTION 1149.09 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO DEFINITIONS, NON-CONFORMING USES AND STRUCTURES AND THE OPEN SPACE DISTRICT STANDARDS

 

            WHEREAS, the Council of the Village of Granville, Ohio, has determined that it is necessary to update the zoning code of the Village. 

            NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

            Section 1.  That Section 1135.01 of the Codified Ordinances is hereby amended to read as follows: 

            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.

(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 and as established prior to January 1, 2014. 

            Section 2. That existing Sections 1149.03, 1149.04, 1149.05, 1149.06, 1149.07, 1149.08 are hereby amended, and Section 1149.09 of the Codified Ordinances is added to read as follows: 

            1149.03 NON-CONFORMING LOTS OF RECORD.

            A principal structure and/or accessory building may be permitted on any non-conforming lot of record, notwithstanding limitations imposed by other requirements of that District.  This provision shall apply even though such lot fails to meet the requirements for area or width, or both for the district in which such lot is located.  Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 

            1149.04 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.  (Ord. 15-08.  Passed 1-7-09.) 

            1149.05  GENERAL PROCEDURE.

            (a)       Contents of Application.  Please refer to Chapter 1145.02 (b) for the application contents.  (Ord.  12-92.  Passed 6-17-92.) 

            (b)  Appeals from decisions of the Board may be had as provided in Chapter 1139.

(Ord.  23-99.  Passed 6-16-99.) 

            1149.06 NONCONFORMING USE MADE TO CONFORM.

            Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. 

            1149.07 DISCONTINUANCE OF A USE.

            No building, structure or land where a nonconforming use has been discontinued for a period of twelve months or more shall again be put to a nonconforming use. 

            1149.08 ALTERATIONS, REPAIRS AND MAINTENANCE.

            Repairs and maintenance work as required to keep structures in sound condition, alteration, repair or replacement of non-bearing walls, fixtures, doors, windows, wiring or plumbing, and interior structural alterations designed to improve the usefulness or livability of interior space, may be made to a non-conforming building or structure,

provided that no such change shall be made which shall exceed the area or height requirements or extend into any yard required in the district in which such structure is located, unless such building or structure is permanently changed to a conforming use or unless required by law or order or permitted under Section 1149.03.

(Ord. 27-2010.  Passed 12-15-10.) 

            1149.09 REPAIR AND REPLACEMENT OF NONCONFORMING USES.

            A nonconforming use shall terminate when the structure it occupies is damaged and the estimated cost to repair exceeds sixty percent (60%) of the replacement cost of such structure immediately before such damage.  When the cost of repairs to a structure containing a non-conforming use is less than sixty percent (60%) of the replacement cost, that non-conforming use may be restored provided such restoration is begun within six months from the time of damage.  Failure to begin such restoration within six months from the date of damage shall terminate the non-conforming use.

(Ord. 27-2010.  Passed 12-15-10.)

            Section 3. That section existing Sections 1165.02 and 1165.03 are hereby amended to read as follows: 

            1165.02  PERMITTED AND CONDITIONAL USES.

            (a)       Permitted Uses.

(1)       Public or nonprofit private parks, nature preserves or sanctuaries intended for public use and enjoyment, including necessary accessory structures such as shelters, rest rooms and picnic areas.

(2)       Public or private golf courses, including clubhouse facilities.

(3)       Agriculture, nurseries and greenhouses, general farming, single-family residences, provided that any greenhouse heating plant shall be located not less than 200 feet from any lot line.

(4)       Farm dwellings and related accessory buildings as part of an active agricultural operation.

(5)       Dairy farms and other related establishments for processing milk products, not including retail operations beyond those delineated under home occupations. 

 (b)      Conditional Uses.

(1)       Any commercial activity that is carried on in conjunction with golf course clubhouse facilities, including golf pro shops and eating facilities.

(2)       Cemeteries.

(3)       Utility substations, pump houses and other public facilities provided that such uses will not detract from the general character of the area nor adversely affect the comfort, safety or welfare of the residents of the area.

            1165.03  DEVELOPMENT STANDARDS.

            (a)       Lot Requirements.  Minimum lot size shall be five acres for those uses set forth in Section 1165.02.  All structures shall be set back from all public rights-of-way and adjacent property lines a minimum of fifty feet.

            (b)       Building Requirements.  The maximum height of structures shall be thirty feet. 

            (c)       General Development Standards.  The Village Planner shall have the right to request and review traffic ingress and egress plans that affect public rights-of-way.  No traffic plan shall be designed so as to create unnecessary burdens on public rights-of-way.  The Village Planner may attach such further conditions or requirements as are necessary to meet the objectives of the Open Space District as set out in Section 1165.01. 

            Section 4.  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 19th day of February, 2014.

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

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