No person shall change any use of land, locate, erect, construct, reconstruct, enlarge or structurally alter any building or structure within the Village without first obtaining a Zoning Permit. No Zoning Permit shall be issued unless the plans for the proposed building or structure or use of land fully comply with the provisions of this Regulation, unless the Zoning Inspector receives a written order from the Board of Zoning Appeals deciding an appeal, a variance, or conditional use. A Zoning Permit shall be required for all dwellings, all principal structures and uses, all accessory structures unless otherwise specified, all specified accessory uses, and all temporary uses.
(a) Accompanying Information: A written application and site plan for a Zoning Permit shall be submitted to the Zoning Inspector on forms provided by the Zoning Inspector. The following information shall be required:
(1) Name, address, and phone number of applicant;
(2) Date;
(3) The name of the subdivision and the lot number or other information necessary to establish the location of the lot;
(4) The actual dimensions of the lot based on actual survey, including square footage and/or acreage, the yard and other open space dimensions thereof, and the location and size of any existing structures thereon;
(5) The location on the lot and size of any proposed structure and/or the proposed alteration of any existing structure, indicating dimensions, including building height;
(6) The number of proposed dwelling units, and the total residential floor area and the number of bedrooms to be included in each dwelling unit;
(7) A permit from the Greene County Health Department or Ohio Environmental Protection Agency for onsite wastewater disposal, where applicable, illustrating the location of primary and secondary leaching field locations;
(8) The proposed parking plan and number and location of proposed off-street parking or loading spaces;
(9) A plan for screening when applicable;
(10) A statement by the applicant attesting to the truth and exactness of all information supplied on the application;
(11) A statement that the permit shall expire and shall be revoked if work has not been started and substantially pursued within one (1) year of its issue date;
(12) Such other information as may be necessary to determine conformance with this Regulation; and
(13) A fee as established by the Village Council.
(b) Processing of Permit: Within thirty (30) days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Regulation. If the application is approved, the Zoning Inspector shall issue a Zoning Permit. One copy of the application shall be returned to the applicant by the Zoning Inspector after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of the application similarly marked shall be retained by the Zoning Inspector and filed. After the Zoning Inspector issues a Zoning Permit, he shall issue a placard to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Regulation.
In the event an application involves land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification of local officials by the Director of the Ohio Department of Transportation or any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall require a third application for a Zoning Permit and send it to the Director of the Ohio Department of Transportation by registered mail for review. If the Director of the Ohio Department of Transportation notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the Zoning Permit. If the Director of the Ohio Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Director of the Ohio Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Regulation, issue the Zoning Permit.
Conditional uses shall be permitted only upon issuance of a Conditional Use Permit by the Zoning Inspector after approval by the Board of Zoning Appeals. At a minimum, the application shall contain the following information:
(a) Application: An application for a Conditional Use Permit by at least one owner of the property is required prior to any authorization by the Board of Zoning Appeals. At a minimum, the application shall contain the following information:
(1) Name, address, and telephone number of applicant;
(2) Date;
(3) The lot, name, and number or legal description of the property;
(4) Description of existing zoning district;
(5) Description of the proposed Conditional Use;
(6) A site plan of the proposed site for the Conditional Use showing the scale, north arrow, location of all buildings, parking and loading areas, traffic access and traffic circulation, sidewalks, curbs, open spaces, landscaping, refuse and service areas, fire hydrants, utilities, rights-of-way, signs, yards, and such other information as the Board of Zoning Appeals may require to determine if the proposed Conditional Use meets the intent and requirements of this Regulation;
(7) A plan for screening when applicable;
(8) A narrative statement discussing the merits of the proposal;
(9) Such other information as may be required by the Board of Zoning Appeals; and
(10) A fee as established by the Village Council.
(b) Conditional Use Standards: Conditional Uses may be permitted provided that such uses shall be found to comply with the following requirements and all other applicable requirements as set forth in this Regulation:
(1) The use is so designed, located and proposed to be operated so that the public health, safety, welfare and convenience will be protected;
(2) The use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance;
(3) The use will be designed, constructed, operated, and maintained so that it shall not cause substantial injury to the value of the property in the area or neighborhood where it is to be located;
(4) The use shall be compatible with adjoining development and the proposed character of the zoning district where it is to be located;
(5) The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide any such services adequately;
(6) The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(8) Adequate off-street parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets;
(9) The use conforms with all applicable regulations governing the district in which it is located, except as may otherwise be determined for planned unit development;
(10) The use is compatible with the standards, objectives, and policies of Perspectives: A Future Land Use Plan for Greene County, Ohio;
(11) The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or vibrations; and
(12) Any other supplementary requirements as prescribed by the Board of Zoning Appeals.
(c) Processing of Conditional Uses: The Board of Zoning Appeals shall hold a public hearing within twenty (20) days from the receipt of the application. Before holding the public hearing, notice of such hearing shall be given in one (1) or more newspapers of general circulation within the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed Conditional Use. Before holding the public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers. Within thirty (30) days after the hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas.
(d) Expiration of Conditional Use Permits: A conditional use permit shall be deemed to authorize only one particular conditional use. The Conditional Use Permit shall automatically expire if, for any reason, the conditional use shall cease for more than six (6) months, or construction is not begun within the amount of time indicated on the Conditional Use Permit.
It is the purpose of this Section to establish procedures and requirements for the hearing of appeals and variances. As is specified in Section 1133.03, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
(a) Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Regulation may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.
(b) Stay of Proceedings. An appeals stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(c) Variance. The Board of Zoning Appeals may authorize, upon appeal in specific cases, such variance from the terms of this Regulation as will not be contrary to the public interest or the intent of this Regulation, but only where strict interpretation would result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted or non- conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(d) Application. A variance from the terms of this Regulation shall not be granted by the Board of Zoning Appeals unless the applicant has provided sufficient evidence to warrant the granting of a variance, and a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing, at a minimum, the following information:
(1) Name, address, and telephone number of applicant;
(2) Legal description of the property;
(3) Description and nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
B. That a literal interpretation of the provisions of this Regulation would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Regulation.
C. That special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Regulation to other lands, structures, or buildings in the same district.
E. That an economic hardship, requesting a more intensive use of the property than would normally be permitted, is not the only nor the primary factor for requesting the variance; and
(5) A fee as established by the Village Council.
(e) Granting of Variances. The burden of proof for granting a variance, shall rest with applicant. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with the Regulation. Violation of such conditions and safeguards, when made part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Regulation and punishable under Section 1137.06. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Regulation in the district involved, or any use expressly or by implication prohibited by the terms of this Regulation in said district.
(f) Processing Appeals and Variances. The Board of Zoning Appeals shall hold a public hearing within twenty (20) days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
Before holding the required public hearing, notice of such hearing shall be given in one or more newspapers of general circulation within the Village at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
Before holding the required public hearing, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers.
All costs resulting from additional services requested by applicant for the purpose of processing an appeal and/or variance shall be paid by applicant.
(Ord. 2022-04. Passed 3-14-22.)
Loading...