Words and terms not specifically defined below carry their normal dictionary meanings. An additional reference for zoning and development terms is The New Illustrated Book of Development Definitions, Harvey S. Moskowitz and Carl G. Lindbloom, ISBN 0-88285-144-6 or the latest edition:
(a) "Applicant. " Any person who files an application with the Village for a zoning permit to undertake new development within the Village.
(b) "Appropriation or to appropriate. " An action by the Village or Village Administrator to identify specific public facilities for which impact fee funds may be utilized. "Appropriation" shall include, but is limited to: inclusion of a public facility in the adopted Village budget, capital improvements plan, or comprehensive plan; execution of a contract or other legal encumbrance for construction or acquisition of a public facility using impact fee funds in whole or in part; and/or the expenditure or transfer of impact fee funds from an impact fee account for the financing of public facilities that provides or will provide a roughly proportionate benefit to new development.
(c) "Capital Improvement Plan." A schedule of public facility improvements to be undertaken by the Village as determined from time to time by the Village Council or as set forth in the capital budget and/or the comprehensive plan.
(d) "Codified Ordinances." The Codified Ordinances of Ashville, Ohio, as amended from time to time.
(e) "Comprehensive Plan" The Comprehensive Plan for the Village and any subsequent plans adopted by Village Council.
(f) "Credit." A reduction in the amount of an Impact Fee due pursuant to this chapter that may be granted pursuant to an approved reimbursement and validly executed development agreement between the Village and an applicant, which results in the provision of excess public facility capacity sufficient to offset the impacts of the proposed new development on public facilities.
(g) "Fiscal Officer." The Fiscal Officer for the Village of Ashville, Ohio or their designee.
(h) "Institutional." Establishments designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
(i) "Limited Industrial District." Establishments characterized by a mix of manufacturing (small items), service, and warehouse facilities in the same building with a wide variation in the proportion of each type of use as indicated in Chapter 1157.
(j) "Manufacturing" Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
(k) "Impact Fee." A fee imposed on new development on a proportionate basis in connection with, and as a condition of, the issuance of a zoning permit and which is calculated to defray all or a portion of the costs of the public facilities required to accommodate new development at Village-designated level of service (LOS) standards and which provides a roughly proportionate benefit to new development and is proportionate in amount to actual impact of new development on the public facilities to be funded with impact fee funds.
(l) "Methodology report." A report titled "Impact Fee Methodology and Costing Report" prepared in support of this chapter. by Strand Associates, Inc., dated December, 2022 which sets forth the methodology and rational basis for the determination of the impact of new development on public facilities; the proper and proportionate amount of the impact fee to be assessed against new development: and the mechanisms for ensuring that a rational nexus exists between the fee amount and the impact of new development on public facilities and the roughly proportionate benefits that accrue to new development paying the impact fee.
(m) "New development." Any construction, reconstruction; redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use within the Village that requires a zoning permit after the effective date of this chapter, including any change in zoning district of an existing building, structure, or lot that increases the demand for one or more public facility; except as otherwise provided in Section 1194.03(d).
(n) "Nonresidential." Any use or development that is not a residential use.
(p) "Office." Establishments used primarily for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, computers, and communication equipment.
(q) "Planning and Zoning Code." Part 11 of the Codified Ordinances of the Village of Ashville.
(r) "Public facility." Non-site-related capital improvements to the roadway network including roadway widening, intersection improvements, and associated infrastructure that provides a roughly proportionate benefit to new development. "Public facilities" are nonrecurring and are treated as capitalized expenses according to generally accepted governmental accounting principles. "Public facilities" do not include costs associated with the operation, repair, or maintenance of public facilities.
(s) "Public facility expenditures." Amounts appropriated in connection with the planning, design, engineering, and construction of public facilities; including planning, legal, appraisal, and other costs related to the acquisition of land, financing (including the issuance of bonds or other obligations of indebtedness used to pay for public facilities), and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of public facilities.
(t) "Reimbursement." Repayment of impact fees in an amount that fairly reflects the value of public facilities dedicated or constructed by an applicant.
(u) "Residential use." Any use or development that includes or results in the creation of a dwelling unit, as defined in the Codified Ordinances.
(v) "Restaurant." Establishments where food and drink are prepared and sold for consumption within the facility or consumption outside of the facility and where ordering and pickup may take place from an automobile.
(x) "Retail." Establishments engaged in selling or renting goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
(y) "Service charge." A charge against each applicant paying an impact fee, not to exceed two percent (2%) of the total impact fee assessed against the proposed new development, used solely for costs incurred in the administration of this chapter.
(z) "Village." Village of Ashville, Ohio.
(aa) "Village Council." The Council of the Village of Ashville, Ohio.
(bb) "Village Administrator." The Village Administrator for the Village of Ashville, Ohio or their designee.
(cc) "Warehousing." Establishments engaged in the receipt, storage, and/or distribution of goods, products, cargo and materials.
(dd) "Zoning Permit" A document issued by the Village Administrator in accordance with the Zoning Code authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 2022-23. Passed 12-19-23.)