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Mount Vernon Overview
Codified Ordinances of MountVernon, OH
CODIFIED ORDINANCES OF THE CITY OF MOUNT VERNON, OHIO
CERTIFICATION
ROSTER OF CITY OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF MOUNT VERNON
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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CHAPTER 1101
General Provisions
1101.01    Purpose.
1101.02    Authority.
1101.03    Title.
1101.04    Applicability.
1101.05    Effective date.
1101.06    Consistency with adopted plans.
1101.07    Interpretation and conflicts.
1101.08    Relationship with third-party private agreements.
1101.09    Separability clause.
1101.10    Transitional rules.
1101.11    Restoration of unsafe buildings.
1101.12    Use of graphics, tables, illustrations, figures and cross-references.
1101.13    Burden of proof.
1101.01 PURPOSE.
   It is the purpose of this planning and zoning code to promote and protect the public health, safety, comfort, prosperity, convenience, and general welfare of the people of the City of Mount Vernon through the establishment of minimum regulations governing the subdivision, development, structures, and use of land. Furthermore, the more specific purpose of this planning and zoning code is to:
   (a)   Implement the City of Mount Vernon Strategic Plan and other policies or plans adopted or approved by the City as they relate to the development of land;
   (b)   Encourage and facilitate orderly, efficient, and appropriate growth and development;
   (c)   Ensure and encourage the proper use of land to stabilize and preserve property values, to protect against congested and unsafe traffic conditions, to provide safety from hazards such as fire, flood, water and air contamination, and guarantee adequate light, air, and open space to all residents, property owners, and businesses of the City;
   (d)   Facilitate development of land uses according to a comprehensive design that ensures the availability of and provision for adequate traffic capacity, water and sewer service, schools, public parklands, and other such public facilities;
   (e)   Specify and regulate uses of land and the type, size, and use of structures within each separate zoning district;
   (f)   Delineate zoning district boundaries in a manner which is comprehensive and includes all land and structures similar in nature and circumstance to the extent feasible;
   (g)   Provide for adequate access to all areas of the City by people of all abilities and by varied modes of transportation;
   (h)   Preserve unique historical and natural features of structures and land within the City;
   (i)   Encourage interconnectivity of developments in order to provide multiple access points in and out of developments for safety purposes and traffic dispersion;
   (j)   Improve the quality of life through protection of the City's total environment including, but not limited to, the prevention of air, water and noise pollution;
   (k)   Avoid the inappropriate subdivision or development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage;
   (l)   Foster a more rational pattern of relationship between recreation, conservation, residential, business, commercial, industrial, and institutional uses for the mutual benefit of all;
   (m)   Implement the provisions of Ohio Revised Code Chapter 713; and
   (n)   Implement any other common law rulings.
      (Ord. 2024-032. Passed 7-22-24.)
1101.02 AUTHORITY.
   (a)   General Authority.
      (1)   The authority for the preparation, adoption, and implementation of this code is derived from Ohio Revised Code (ORC) Chapters 711 and 713, which permit the adoption of uniform rules and regulations governing the zoning and subdivision of land.
      (2)   Nothing in this code shall be construed to limit City Council in the exercise of all of its powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes.
   (b)   References to the Ohio Revised Code (ORC) or the Ohio Administrative Code (OAC) Whenever any provision of this code refers to or cites a section of the ORC (as amended) or the OAC (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section, or the section that most nearly corresponds to the superseded section. (Ord. 2024-032. Passed 7-22-24.)
1101.03 TITLE.
   These regulations shall be known and may be cited as the "Planning and Zoning Code of the City of Mount Vernon," or may be referred to as the "planning and zoning code," the "zoning code," or the "code." This code may also be referred to as Part 11 of the Codified Ordinances of the City of Mount Vernon, Ohio.
(Ord. 2024-032. Passed 7-22-24.)
1101.04 APPLICABILITY.
   (a)   No structure or part thereof shall be placed upon or moved onto land, erected, constructed, reconstructed, enlarged or structurally altered, nor shall any building or land be used or occupied which does not comply with the district regulations established by this code for the district in which the building, structure or land is located.
   (b)   The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures, or portions thereof, located within the municipal boundaries of the City of Mount Vernon in Knox County, Ohio. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in Section 1101.01.
   (c)   The regulations of this code shall also govern all subdivision of land and public improvements within the corporate limits of the City of Mount Vernon.
   (d)   The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building, or structure, unless modified, varied or waived as provided herein.
   (e)   No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(Ord. 2024-032. Passed 7-22-24.)
1101.05 EFFECTIVE DATE.
   Any amendment to this code shall become effective 30 days after the City council passes an ordinance approving the amendment, unless otherwise provided for in Section 1103.03.
(Ord. 2024-032. Passed 7-22-24.)
1101.06 CONSISTENCY WITH ADOPTED PLANS.
   The administration, enforcement, and amendment of this code should be consistent with the most recently adopted version of the City of Mount Vernon's Strategic Plan or other adopted plans or polices, as may be amended. Such plan, or references to such plan, shall also include other adopted or approved plans within the City that relate to development including, but not limited to, a comprehensive plan, land use plan, thoroughfare plan, parks and recreation plan, etc. Amendments to this code should maintain and enhance the consistency between this code and the City of Mount Vernon Strategic Plan or any other adopted or approved City plans.
(Ord. 2024-032. Passed 7-22-24.)
1101.07 INTERPRETATION AND CONFLICTS.
   (a)   Interpretation of Provisions. The provisions of this code shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience, prosperity, and general welfare.
   (b)   Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This code is intended to complement other City, State, and Federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions of this code shall govern.
   (c)   Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect.
(Ord. 2024-032. Passed 7-22-24.)
1101.08 RELATIONSHIP WITH THIRD-PARTY PRIVATE AGREEMENTS.
   (a)   This code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants, or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant, or other private third-party agreement, then the provisions of this code shall govern.
   (b)   Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.
   (c)   In no case shall the City be obligated to enforce the provisions of any easements, covenants, or other agreements between private parties, even if the City is a named party in and has been granted the right to enforce the provisions of such agreement.
(Ord. 2024-032. Passed 7-22-24.)
1101.09 SEPARABILITY CLAUSE.
   (a)   If any court of competent jurisdiction invalidates any provision of this code, then such judgment or ruling shall not affect the validity and continued enforcement of any other provision of this code.
   (b)   If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure, or situation, then such judgment or ruling shall not affect the application of that provision to any other property, structure, or situation not specifically included in that judgment or ruling.
   (c)   If any court of competent jurisdiction invalidates any condition attached to the approval of a development review application, then such judgment or ruling shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment or ruling.
(Ord. 2024-032. Passed 7-22-24.)
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