ORDINANCE NO. 13-2015
AN ORDINANCE TO AMEND SECTION 1121.01 AND 1109.08 OF THE CODIFIED ORDINANCES TO THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO REQUIRED STREET WIDTHS AND RIGHT-OF-WAY WIDTHS
WHEREAS, Chapter 1117 of the Codified Ordinances of the Village of Granville mandates certain standards for the construction of new street improvements within the Village including, minimum paved roadway widths and limiting the ability of Council to vary the same; and
WHEREAS, Section 1109.08 of the Codified Ordinances of the Village of Granville provides for deviations from such standards by establishing a variance procedure; and
WHEREAS, Section 1121.01 limits the authority of the Village to approve such deviations by providing, in part: “In no case, however, shall they be less than the requirements for the County”; and
WHEREAS, Council has determined that the existing minimum street width requirements may require the construction of wider local residential streets than is necessary or appropriate to serve traffic generated by limited residential land uses in certain cases; and that, although Council has the authority to approve the design of all such improvements, the Codified Ordinances prevent Council from approving a lesser width requirement for local residential streets that service a limited number of residential properties; and
WHEREAS, Council has determined it is in the best interests of the public safety, health and welfare of the residents of the Village to amend Section 1121.01 of the Codified Ordinances to give to Council the ability to approve the construction of streets, in such cases as Council shall determine, that provide for a more narrow roadway width, as a means of reducing traffic speeds and impermeable surfaces, and of promoting neighborhood scale for small developments in the Village.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that:
Section 1. That existing Section 1121.01 of the Codified Ordinances is hereby amended to read as follows:
Improvements relating to infrastructure, whether design, configuration or construction and whether of streets, ways, paths, sidewalks, water lines, sewer or storm lines, utility or service lines, or lighting, shall be required in accordance with these Subdivision Regulations or any variance approved by Council pursuant to Section 1109.08. In no case, however, shall a variance from the Subdivision Regulations relating to sidewalks, water lines, sewer or storm lines, utility or service lines or lighting be less than the requirements for the County. A variance from the Subdivision Regulations relating to streets, ways and paths shall not deviate from the requirements for the County by greater than twenty percent (20%).
Section 2. That existing Section 1109.08 of the Granville Codified Ordinances is hereby amended to read as follows:
Deviations from any of the terms of these Regulations may be recommended to Council by the Planning Commission in specific cases where topographical or other conditions justify such deviations, Such modifications may be granted only if substantial hardship or injustices caused by topographical or other conditions would be experienced by strict compliance to the provisions of this chapter.
Alternatively, deviations from any of the terms of these Regulations may be recommended to Council by the Planning Commission in specific cases where unique conditions or special circumstances make it impractical and infeasible to meet the applicable Regulations. Such modifications may be granted only if the requested variance is not detrimental to the public good, does not substantially impair the intent and purpose of these Regulations, and advances one or more Goals as stated in the Comprehensive Plan. Such a variance request shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical and infeasible to meet the applicable Regulations. The documentation shall show that the applicant has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances and that the alternatives are not feasible or practical. In deciding such a variance request, the Planning Commission and Council shall consider recommendations from the Village Engineer, Village Utilities Director, Village Service Director and/or the Granville Township Fire Chief, as appropriate, regarding the impact of the requested variance on the public good and on the intent and purpose of these Regulations.
Deviations from any of the terms of these Regulations regarding the design, configuration or construction of any infrastructure improvements, including but not limited to streets, paths, sidewalks, water lines, sewer and storm lines, utility or service lines or lighting, may be authorized only by appropriate action of Council.
Section 3. This ordinance shall become effective upon the earliest date allowed by the laws to the State of Ohio and the Charter of the Village of Granville.
Passed this 2nd day of December, 2015.