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.
(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.