(a) Title. The official title of this document is the "Zoning Code of the City of Fostoria, Ohio" For convenience; it is referred to throughout this document as the "Zoning Code."
(b) Authority. This Zoning Code adopted infers the powers granted by laws of the state of Ohio, including the statutory authority granted in chapter 713 of the Ohio Revised Code (hereinafter Revised Code).
(c) Applicability. The provisions of this Zoning Code apply to all development, public and private, throughout the City of Fostoria, to the extent permitted by law.
(d) Zoning Code Declared to be Minimum Requirement. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and the general welfare. Whenever the requirements of this Zoning Code conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards shall govern.
(e) Severability. Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid the decision shall not affect the validity of the Zoning Code as a whole, or any part thereof other than, the part so declared to be unconstitutional or invalid.
(f) Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this Zoning Code or inconsistent with the provisions of this Zoning Code are hereby repealed to the extent necessary to give this Zoning Code full force and effect.
(1) This Zoning Code is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, deed restriction, or other private agreement or legal relationship otherwise in conformance with it. The City has no responsibility or authority for enforcing such private agreements or covenants.
(g) General Rules for Application of Code Language.
Meaning and Intent - The language of the Zoning Code must be read literally and in context. Regulations are no more or less strict than stated. Words and phrases used in the Zoning Code must be construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly. See Chapter 1106 for definitions of technical or particular terms used in this Zoning Code.
(1) Tenses and Usage.
A. Words used in the singular include the plural. The reverse is also true.
B. Words used in the present tense include the future tense. The reverse is also true.
C. The words "must," "will," "shall," and "may not" are mandatory.
D. "May" is permissive.
(2) Conjunctions. As used in this Zoning Code, unless another definition is required or the context otherwise requires:
A. “And" may be read "or", and "or" may be read "and". If the sense requires it;
B. "Either or" indicates that the connected items or provisions apply singly, but not in combination.
(3) Headings, Illustrations and Text. In case of any difference of meaning or implication between the text of this Zoning Code and any heading, drawing, table, figure, or illustration, the text controls.
(4) Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(h) Compliance Required.
(1) In addition to the requirements of the Zoning Code, all uses and development must comply with all other applicable city, county, state, and federal regulations, including the City's Subdivision Rules and Regulations.
(2) No building or structure shall be erected, enlarged, reconstructed, or structurally altered to exceed the bulk, and density limits established for the district in which the building is located
(3) The yards, parking space, and other open spaces, including lot area or household, required by this Zoning Code, for any building hereafter erected or structurally altered, shall not be encroached upon or considered as meeting the parking, yard open space, or lot area requirement for any other building, nor shall any lot area be reduced beyond the district requirements of this Zoning Code.
(4) Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one principal building on one lot except as specifically provided herein.
(i) Effective Date. This Zoning Code shall become effective beginning May 1st, 2010.