(a) All new construction must meet all standards established by current building and zoning codes, including minimum setbacks, maximum heights and minimum lot sizes, which are effective as of the date application is made for a building permit. Variances from the foregoing may be granted only with the consent of the owners of all properties within 200 feet of the nearest boundary line of the property upon which the proposed new construction will take place. Notwithstanding the foregoing sentence, consent of all affected owners does not limit the authority or discretion of the Planning Commission or the Administrative Board to deny a variance if it finds granting the same is contrary to the best interests of the City of Ashtabula or any of its residents.
(1) An owner of property located within 200 feet of the proposed addition who does not object within ten (10) business days of the date of mailing of notice by the Division of Planning and Community Development shall be deemed to have consented to the variance requested.
(b) Any addition that increases the interior square footage of a residential structure or ancillary structure by thirty-five percent (35%) or more, or that increases the height of an existing residential or ancillary structure by nine (9) feet or more, shall be subject to the requirements of paragraph (a) above. For purposes of the foregoing calculation, the additional square footage or additional height of any prior addition constructed within ten (10) years of the date of the current permit application shall be added to the square footage or height of a proposed new addition.
(Ord. 2021-56. Passed 6-7-21.)