The following recommendations, materials and forms are prepared as models for use by village officials in the day-to-day administration of zoning. These materials provide basic guidelines for handling almost all areas of zoning, including the application for and issuance of zoning certificates, procedures and forms for conditional zoning certificates, amendments to either zoning text or maps, and zoning appeals and variances. Since zoning is one of the major legal tools to guide and control development, it is important that it be effectively and appropriately utilized. These model materials are also a basis for establishing a greater degree of standardization and continuity in zoning procedures and administration among neighboring political subdivisions.
1. Procedures for obtaining a zoning certificate
2. Zoning certificate application
3. Applicant’s checklist
4. Zoning certificate
5. Application for a fence permit
6. Procedure for appeal or variance
7. Application for a zoning variance
8. Applicant’s procedural checklist for a zoning appeal or variance
9. Zoning Board of Appeals decision: variance or appeal
10. Procedure for a zoning amendment
11. Application for a rezoning amendment
12. Checklist: zoning map amendment
13. Application for a zoning map amendment/text
14. Checklist: zoning text amendment
15. Planning Commission: zoning amendment application review
16. Conditional zoning certificate application
17. Procedure for conditional zoning certificate
18. Conditional zoning certificate
19. Checklist: oil and gas well drilling conditional zoning certificate
1. PROCEDURES FOR OBTAINING A ZONING CERTIFICATE.
1. Zoning certificates must be obtained prior to making application for a Stark County building permit.
2. A zoning certificate application is available from the Village Zoning Inspector.
3. The zoning certificate application shall be completed by the property owner or his or her leasee or builder prior to any construction or work or any change in use in either the property or structures.
4. The completed application shall be submitted to the Village Zoning Inspector with the following:
a. All application blanks are to completed with the requested information or an N/A (not applicable) on the appropriate line.
b. The required plot plans, building plans and other information as specified on the zoning certificate application.
c. In areas not serviced by the village sewer system, evidence that the building’s sewage disposal system has been reviewed and approved by the Stark County Health Department.
d. Payment for the zoning certificate.
5. If the structure or use is one regulated by the Ohio State Fire Code, the application shall be submitted to the Village Fire Prevention Officer for his or her approval.
6. The Village Administrator, after an application review by the appropriate Village Utility Superintendent, will approve the application if it meets the proper requirements for water, sewer and electric.
7. Approval or rejection of the application will be made within 30 days from the date that it is received by the Zoning Inspector.
8. The Zoning Inspector issues a zoning certificate if the application complies with all the requirements of the village zoning ordinances and all the procedures listed above.
(Ord. 30-1974, passed 7-15-1974; Ord. 30-1979, passed 7-2-1979; Ord. 4-1983, passed 2-7-1983)
2. ZONING CERTIFICATE APPLICATION.
VILLAGE OF BREWSTER ZONING CERTIFICATE APPLICATION |
NOTE: BOXED AREAS TO BE COMPLETED BY ZONING INSPECTOR Date:
Certificate Number Lot Number Zoning District: |
Site Address
Applicant’s Name Phone #
Applicant’s Address
Contractor and Address
Estimated Cost of Project $
Request for: (1) Use of Land For
or
(2) Construction of
LOT INFORMATION:
|
ACTUAL
|
REQUIRED: MAX OR MIN
|
LOT INFORMATION:
|
ACTUAL
|
REQUIRED: MAX OR MIN
|
Lot Area in Square Feet | ||
Lot Frontage at Right-of-Way | ||
Width at Building Line | ||
Building Size Width x Length | ||
Building Size in Square Feet | ||
Building Height | ||
SETBACKS
| ||
Front Yard | ||
Side Yard | ||
Side Yard | ||
Rear Yard | ||
SITE PLAN DRAWN TO SCALE INDICATING THE FOLLOWING INFORMATION: | |
1. Minimum size of the scale drawing 8-1/2 in. x 11 in. (larger if needed) | 6. Scale of Drawing |
2. Name, address, and phone number of owner/applicant | 7. Drawing of any proposed structures |
3. Address and lot number of site to be developed | 8. Location, length, width, and height of all structures on site |
4. Exact dimensions of lot; north arrow | 9. Existing easements on site |
5. Front, side and rear setbacks from property pins to structure | 10. Square footage of all existing and proposed buildings |
“I hereby certify that the information contained in this application and its supplements is true and correct.”
__________________________________________
Signature of Owner/Agent
Approved Denied Date Zoning Inspector If Applicable, Date of Variance Hearing Board Of Appeal’s Decision |
(Ord. 30-1974, passed 7-15-1974; Ord. 4-1983, passed 2-7-1983)
3. APPLICANT’S CHECKLIST.
“ Zoning is for the purpose of promoting the public health, safety, morals, and general welfare; to conserve and protect property values, and to secure the most economical provisions for public improvement in accordance with a plan for the desirable future development of the Village of Brewster.”
1. All applications forms and plot drawings must be complete. When questions or blanks are not applicable, please mark with “N/A”.
2. The owner of the property must sign the application.
3. Drawings showing location and lot line setbacks are to be exact and are required. If there are any questions concerning property lines or any of the provided dimensions, the village reserves the right to require the submittal of a survey of the lot by a license surveyor at the applicant’s expense.
4. All dimensions provided on the application are to be exact and resulting construction must adhere to those dimensions.
5. New construction or alterations to an existing structure must have a plot drawing showing exact setbacks from the back, sides, rear, and the distance between buildings. Setbacks are to be the distances between all existing and proposed structures and the property lines taken from surveyor’s property pins/stakes. The Zoning Inspector may require verification of the property lines shown on the plot drawing.
6. Driveways and/or parking lots must be indicated on the drawing with exact measurements and positioning provided.
7. A set of plans shall accompany the application and must be left on file.
8. A village zoning certificate is required by Stark County prior to application for a county building permit.
9. The Village Administrator must review the application and will approve sign off on the application if it meets the proper requirements and capacities for water, sewer and electric.
10. Approval or rejection of the application will be made within 30 days from the date that it is received by the Zoning Inspector.
11. The Zoning Inspector will issue a zoning certificate if the application complies with all the requirements of the village zoning chapter and all procedures shown above.
12. The village and the Zoning Inspector will inspect the site during and after construction to allow verification of the information provided on the application.
(Ord. 30-1974, passed 7-15-1974; Ord. 30-1979, passed 7-2-1979)
4. ZONING CERTIFICATE.
ZONING CERTIFICATE VILLAGE OF BREWSTER, OHIO
|
Number Date |
Issued to: |
Applicant: |
Address: |
Telephone # |
Property Owner: |
Address: |
Telephone # |
Issued for the following Work or Change In Use: |
Zoning District of Property |
Fee: $ |
Zoning Inspector’s Signature |
NOTICE: This certificate becomes void at the expiration of one year after the above date of issuance, unless construction is started or the property use change is made. If any changes or deviations are made from the original application, a new zoning permit is required. A county building permit is required before proceeding with any construction. |
(Ord. 30-1974, passed 7-15-1974; Ord. 30-1979, passed 7-2-1979)
5. APPLICATION FOR A FENCE PERMIT.
APPLICATION FOR A FENCE PERMIT: VILLAGE OF BREWSTER, OHIO |
NOTE: Boxed areas will be completed by the Zoning Inspector
Permit Number Lot Number Zoning District |
Date
Site Address
Applicant Tel. #
Applicant’s Address
Owner/Address
Contractor/Erector Tel. #
Contractor/Erector’s Address
Estimated Cost $
This application shall include:
1. A scale drawing showing the dimensions of the lot on which the fence is to be constructed, the position of
the fence in relation to all streets, buildings and property lines. The drawing will provide exact locations,
height, length and type of materials used in the construction, method of installation and the design of the fence.
the fence in relation to all streets, buildings and property lines. The drawing will provide exact locations,
height, length and type of materials used in the construction, method of installation and the design of the fence.
2. If the fence is to be erected along a property line abutting another property owner, the application will
require a written letter of support from all such abutting property owners.
require a written letter of support from all such abutting property owners.
3. A non-refundable fee of $10.
“ I hereby certify that the information provided in this application and its supplements is true and correct.”
Signature of Applicant Date
Approved |
Denied Zoning Inspector’s Signature |
Date |
(Ord. 30-1974, passed 7-15-1974)
6. PROCEDURE FOR APPEAL OR VARIANCE.
1. The application is submitted to the Village Zoning Inspector on or before the first of the month.
2. The public hearing date is set for the third Thursday of the month.
3. A legal ad is published in the local newspaper a minimum of ten days prior to the hearing.
4. The members of the Zoning Board of Appeals are notified by mail a minimum of ten days prior to the hearing.
5. All property owners contiguous or directly across the street from the property in question are to be notified by mail a minimum of ten days prior to the hearing.
6. The applicant is notified of the hearing date and time.
7. The public hearing is held, the Zoning Board of Appeals considers the application, and the Zoning Board of Appeals makes decision.
Note: No time limit is established for the Board’s decision.
8. The applicant is notified of the Zoning Board of Appeals decision.
(Ord. 30-1974, passed 7-15-1974)
7. APPLICATION FOR A ZONING VARIANCE.
APPLICATION FOR A ZONING VARIANCE: VILLAGE OF BREWSTER |
Date Zoning Permit Application #
Applicant
Applicant’s Address
Phone Numbers: Home Work
Name of Property Owner
Location of Variance Address Lot #
Nature of Variance(s)
Required Support Information:
1. Site plan (drawn to scale) showing the dimensions and shape of the affected lot, the size and locations of all existing and proposed structures, and the exact dimensions of existing and proposed setbacks. The village reserves the right to require a survey of the property by a surveyor licensed by the State of Ohio. 2. A list of all property owners, and their respective addresses, within, contiguous to, and directly across the street from the proposed location. 3. A non-refundable fee of $25. 4. Any other information that the Zoning Inspector or the Zoning Board of Appeals may find pertinent. 5. Also strongly suggested is a letter of support from the abutting property owner(s) affected by the proposed variance. |
“I hereby certify that the information contained in this application and its supplements is true and correct.”
Applicant’s Signature
Fee Collected $ Reviewed by Zoning Inspector Forwarded to Zoning Board of Appeals on |
(Ord. 30-1974, passed 7-15-1974)
8. APPLICANT’S PROCEDURAL CHECKLIST FOR A ZONING APPEAL OR VARIANCE.
1. The application is submitted to the Village Zoning Inspector on or before the first of the month.
2. All required information, as listed on the variance application, and the non-refundable fee must accompany the application. All blanks on the form are to be completed unless waived by the Zoning Inspector. The information required is important to the process and allows the appeals/variance procedures to begin and to reach a viable conclusion.
3. The public hearing date is set for the third Thursday of the month at 7:00 p.m. in Brewster Council Chambers. The applicant is urged to attend this public hearing.
3. The Zoning Inspector publishes a legal ad is in the local newspaper a minimum of ten days prior to the hearing date.
4. The members of the Zoning Board of Appeals are notified by the Zoning Inspector by U.S. mail a minimum often days prior to the hearing date.
5. All property owners contiguous or directly across the street from the property in question will be notified by the village by U.S. mail a minimum of ten days prior to the hearing. This information is provided by the applicant and verified by the village prior to the mailings.
6. The applicant is notified of the hearing date and time by the village.
7. The public hearing is held, the Zoning Board of Appeals considers the application, and the Zoning Board of Appeals makes a decision.
Note: No time limit is established for the Board’s decision. Decisions may be delayed to allow accumulation of additional information. If the Board finds it necessary to draw upon the advice of an engineer or an attorney or a similar applicable expert, this additional expense may be passed on to the applicant. The applicant will be made aware of such additional expense prior to the Board’s engagement of such expert.
8. The applicant is notified of the Zoning Board of Appeals decision.
(Ord. 30-1974, passed 7-15-1974)
9. ZONING BOARD OF APPEALS DECISION: VARIANCE OR APPEAL.
ZONING BOARD OF APPEALS DECISION: VARIANCE OR APPEAL |
Date of Hearing Date of Newspaper Ad
Denied Zoning Permit Application #
Applicant
Applicant’s Address
Affected Property: Address Lot #
Zoning of Property
Variance or Appeal Requested
Applicable Zoning Section
Zoning Board’s Decision
Board’s Vote
Chairperson Date
(Ord. 30-1974, passed 7-15-1974)
10. PROCEDURE FOR A ZONING AMENDMENT.
A zoning amendment or a zoning map change may be initiated by:
a. A village property owner.
b. A tenant.
c. A village resident.
d. An ordinance of Village Council.
e. Adoption of a motion by the Village Planning Commission.
1. A village zoning amendment application is submitted by a property owner, tenant or resident to Village Council, or a written request is provided by the Planning Commission to Village Council. Village Council then reviews the request and forwards it to the Village Planning Commission.
2. As required by the O.R.C., within 30 days after receiving the proposed amendment, the Village Planning Commission must provide a recommendation to Village Council. This recommendation must be either the Planning Commission’s approval, disapproval or modification of the proposed amendment.
3. Upon receipt of the Planning Commission’s recommendation Village Council is required to do the following:
a. Set a time for a public hearing. Council shall give a minimum of 30 days’ notice of the time and place of the hearing in a newspaper of general circulation in the municipal corporation.
b. Have an ordinance prepared which reflects the recommendation of the Planning Commission.
c. If the ordinance intends to rezone or redistrict ten or less parcels of land, as listed on the county tax duplicate, a written notice of the hearing shall be mailed by the Clerk of Council, by first class mail at least 20 days prior to the date of the of the public hearing, to the owners of property within and contiguous and directly across from the affected parcels. The addresses used will those appearing on the County Auditor’s property tax list or the Treasurer’s mailing list, and to such other list or lists that may be specified by Village Council. The failure of delivery of such notice shall not invalidate any such ordinance or resolution.
d. During the above 30 days the text or copy of the text of such ordinance or resolution, together with the maps or plans or copies thereof forming part of or referred to in such ordinance or resolution and the maps, plans, and reports submitted by the Planning Commission, Board, or officer shall be on file for public examination in the office of the Village Clerk-Treasurer or in such office designated by the Village Council.
4. No such ordinance or resolution which violates, differs from, or departs from the plan or report submitted by the Village Planning Commission shall take effect unless passed by or approved by not less than three-fourths of the membership of Village Council. An ordinance or resolution which is in agreement with the plan or report submitted by the Village Planning Commission shall require a simple majority vote for approval.
5. Once the amendment is adopted by Village Council by ordinance or resolution, it becomes law in 30 days from the date of adoption, unless it was approved as emergency legislation.
6. Once a request for a zoning amendment is denied, the applicant may resubmit another request. Such a second request should be accompanied by new evidence, facts, or figures not presented in relation to the original request. In the event there is no new evidence or substantial change in the condition originally considered by the Village Planning Commission or Village Council, the applicant may still resubmit his or her request, but it is highly unlikely that there would be any change in the final decision. The mere submission of the request, or change in the ownership of the property in question, is not considered sufficient reason for a zoning change.
(Ord. 30-1974, passed 7-15-1974)
11. APPLICATION FOR A REZONING AMENDMENT.
APPLICATION FOR A REZONING AMENDMENT: VILLAGE OF BREWSTER |
Application # Attach additional sheets as needed
Applicant
Applicant’s Address
Street City State Zip
Telephone #
Property Owner
Owner’s Address
Street City State Zip
Telephone #
For a Rezoning Proposal:
Location/Address of Area to be Rezoned
Legal Description and Map: Attach a sheet stating the description and a map at a scale of one inch equals
100 feet prepared by a registered civil engineer or surveyor showing all lots and streets and names and
addresses of the owners of all properties within and contiguous to and directly across the street from such
area to be rezoned or redistricted.
100 feet prepared by a registered civil engineer or surveyor showing all lots and streets and names and
addresses of the owners of all properties within and contiguous to and directly across the street from such
area to be rezoned or redistricted.
Present Zoning: Proposed Zoning:
The property will be used for and have the following and have the following buildings, parking and other improvements constructed:
The existing zoning is unreasonable and deprives the property owner of his or her lawful and reasonable use of the land because:
The proposed amendment would provide in equal or better zoning than the existing zoning because:
The above information and attachments are true and accurate to the best of my knowledge:
$
Applicant’s Signature Fee Paid Date
(Ord. 30-1974, passed 7-15-1974)
12. CHECKLIST: ZONING MAP AMENDMENT.
The following factors are to be considered and evaluated by the Planning Commission before making recommendations on zoning map changes:
1. Would the proposed zoning change encourage or detract from any development envisioned by the comprehensive plan for the community?
2. Is the proposed zoning in keeping with the intent and purpose of zoning in the village?
3. Was the zoning of the property unreasonable at the time it was originally zoned?
4. Is the zoning of this property now unreasonable because of changing conditions in the area?
5. Would the rezoning of this property require rezoning of other areas in the community in order to encourage development as envisioned by the comprehensive plan for the village due to the increase or decrease in the amounts of land in the zones affected?
6. Would the rezoning and subsequent development of this property place a burden on the community in terms of providing public facilities, infrastructure and services?
7. Would the rezoning and subsequent development of this property create and safety hazards or nuisance factors?
Evaluation of the Petition:
List the advantages and disadvantages that would occur because of the rezoning proposal:
A. The community as a whole.
B. The property in question.
C. Surrounding properties.
(Ord. 30-1974, passed 7-15-1974)
13. APPLICATION FOR A ZONING MAP AMENDMENT/TEXT.
APPLICATION FOR A ZONING AMENDMENT/TEXT: VILLAGE OF BREWSTER |
Note: This application is intended for text changes to the Village Zoning Code
Application # Attach additional sheets as needed
Applicant
Applicant’s Address
Street City State Zip
Telephone #
Property Owner
Owner’s Address
Street City State Zip
Telephone #
Identify the text in the Village Zoning Code that is proposed to be amended or modified and attach same to this application:
Provide the specific modification of the text that is proposed. (List next or attach separate sheets to this application)
The existing zoning is unreasonable and deprives the property owner of his or her lawful and reasonable use of the land because:
The proposed amendment would provide in equal or better zoning than the existing zoning because:
$
Applicant’s Signature Fee Paid Date
(Ord. 30-1974, passed 7-15-1974)
14. CHECKLIST: ZONING TEXT AMENDMENT.
The following factors are to be considered and evaluated by the Planning Commission before making recommendations on zoning text changes:
1. Would the proposed amendment encourage or detract from development as envisioned by the comprehensive plan for the community?
2. Is the proposed amendment in keeping with the intent and purpose of zoning in the village?
3. Would the amendment create any practical difficulties in the enforcement of zoning in the community?
4. Is the amendment in conflict with any other laws in the village, county or state, such as building code or subdivision regulations?
5. Is the amendment in conflict with any other sections of the village zoning text?
6. Is the amendment in conflict with the state enabling legislation for zoning?
7. Has the amendment been reviewed by the village’s attorney?
8. Is the wording of the amendment clear and concise?
Evaluation of the Petition:
List the advantages and disadvantages of the amendment in terms of furthering the community goals as envisioned by the comprehensive plan of the village, and in further the intent and purposes of zoning in the community.
(Ord. 30-1974, passed 7-15-1974)
15. PLANNING COMMISSION: ZONING AMENDMENT APPLICATION REVIEW.
PLANNING COMMISSION: ZONING AMENDMENT APPLICATION REVIEW |
Application # Hearing Date
Applicant
Applicant’s Address
Property Owner
Owner’s Address
Amendment Request:
Planning Commission’s
Approval or Disapproval
Any Modification:
Date
P.C. Chairperson’s Signature
Date of Village Council’s Public Hearing
Village Council Decision:
Decision Reflected in Ordinance #
Official Zoning Map/Zoning Text revised to show any change on:
Date
Village Clerk-Treasurer
(Ord. 30-1974, passed 7-15-1974)
16. CONDITIONAL ZONING CERTIFICATE APPLICATION.
VILLAGE OF BREWSTER, OHIO CONDITIONAL ZONING CERTIFICATE APPLICATION |
Applicant
Street
City State Zip Phone
Property Owner’s Name
Street
City State Zip Phone
Zoning of Property:
Requested Conditional Use:
Attached and part of this application are:
A. Plans showing:
1. Boundaries and divisions of property.
2. Abutting streets, properties and structures.
3. Location of all improvements proposed, including structures, parking, landscaping and so forth.
4. Location of water and sewer lines, or other utility features, existing or proposed.
5. Topography at an interval sufficient to show slope characteristics of the property.
B. Complete plans and specifications for all proposed development and construction.
C. Statement supporting evidence that the proposed use will be harmonious with, and in accordance with, the objectives of the village zoning ordinance, and the land use and thoroughfare plan, and will not be detrimental to existing or future uses in the immediate vicinity and the community as a whole.
Owner’s Signature Date
Village Planning Commission action: Approval
or Disapproval Date of issue of the conditional zoning certificate Note: Conditional zoning certificate is a separate document issued by the Planning Commission. |
(Ord. 30-1974, passed 7-15-1974; Ord. 4-1983, passed 2-7-1983)
17. PROCEDURE FOR CONDITIONAL ZONING CERTIFICATE.
1. The applicant consults with the Planning Commission at a regular Planning Commission meeting.
2. The applicant receives application forms from the Zoning Inspector and submits duplicate copies to the Village Planning Commission via the Zoning Inspector. The application is considered officially filed at the first regular Planning Commission meeting during which, or after, the application is submitted. All data submitted shall also be in duplicate.
3. Required documentation:
A. Application form.
B. Site plan, plot plan, or development plan.
C. Plans and specifications of all construction.
D. Supporting statement.
4. Within 20 days after the application is officially filed (see # 2 above) the Village Planning Commission shall review and consider the application, make its findings public, and approve, disapprove, or modify the application after a public hearing.
5. The Village Zoning Inspector shall keep on file a copy of the Planning Commission’s actions.
(Ord. 30-1974, passed 7-15-1974)
18. CONDITIONAL ZONING CERTIFICATE.
VILLAGE OF BREWSTER CONDITIONAL ZONING CERTIFICATE |
Conditional Zoning Certificate: Date of Issuance: |
Property Owner: |
Applicant: |
Address of Property Owner: |
Conditionally Zoned Property Located at: |
General Conditions to be complied: |
1. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; |
2. Will not be hazardous or disturbing to existing or future neighboring uses; |
3. Will not be detrimental to property in the immediate vicinity or to the community as a whole; |
4. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; |
5. Will be in compliance with state, county and village regulations; |
6. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads. |
Specific conditions with which applicant/grantee shall comply: |
Planning Commission Chairperson Date |
(Ord. 30-1974, passed 7-15-1974)
19. CHECKLIST: OIL AND GAS WELL DRILLING CONDITIONAL ZONING CERTIFICATE.
The following steps are representative of the procedures required:
1. Applicant visits the Village Zoning Inspector to request an application for a conditional use certificate.
2. The conditional zoning certificate is completed and returned to the Village Zoning Inspector. When all required documentation is received a Planning Commission hearing will be scheduled in accordance with § 153.269 for the third Thursday of the next month.
3. The application will not be processed until all of following items are submitted:
D. As described in § 153.274 written consent of two-thirds (66%) of all property owners within a 500 foot radius of the proposed well site.
E. An affidavit stating that the applicant has complied with all conditions of the village oil and gas well drilling regulations, and setting forth any exceptions (§ 153.276).
4. A conditional zoning certificate approved by the Planning Commission will be issued after the applicant provides the following:
A. A copy of the oil and gas well drilling permit issued by the Ohio Department of Natural Resources, Division of Oil and Gas (§ 153.279).
B. A policy or certificate of insurance in accordance with § 153.280 which will be subject to the review of the Village Solicitor.
D. The names, addresses, and telephone numbers of all persons responsible for the ownership, operation, and maintenance of the well site, and like information for the individual, or individuals, to be contacted at any time in the case of emergency (§ 153.282).
E. An affidavit providing verification of all items in § 153.286 concerning the training of crews and the condition of all equipment.
F. A $250 annual inspection fee for the next inspection by the village
G. Any other requirements provided by the Village Planning Commission.
5. The applicant’s attention is directed to § 153.266(C).
(Ord. 30-1974, passed 7-15-1974)