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Newark, OH Code of Ordinances
CITY OF NEWARK CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS (2024)
ADOPTING ORDINANCES
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
PART TWO- ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
TITLE TWO - Subdivision Regulations
TITLE FOUR - Zoning Code
CHAPTER 1230 General Provisions and Definitions
CHAPTER 1232 Administration, Enforcement and Penalty
CHAPTER 1234 Board of Zoning Adjustment
CHAPTER 1236 District Changes and Regulation of Amendments
CHAPTER 1238 Districts and Boundaries
CHAPTER 1240 General Regulations
CHAPTER 1242 Non-conforming Uses, Buildings, Structures, Lots
CHAPTER 1244 Temporary Board of Zoning District Revision
CHAPTER 1246 CD Conservation District
CHAPTER 1247 AD Agricultural District
CHAPTER 1248 RS Suburban - RS Low Density - RM Medium Density - RH High Density Single-Family Residence Districts
CHAPTER 1249 RZLL Single-Family Residence Zero Lot Line District
CHAPTER 1250 RMH Single-Family Manufactured Home District
CHAPTER 1251 SFC Single-Family Condominium District
CHAPTER 1252 TFR Two-Family Residence District
CHAPTER 1253 MFR Multi-Family Residence District
CHAPTER 1254 MFC Multi-Family Condominium District
CHAPTER 1255 MFH Multi-Family High Rise
CHAPTER 1256 CSI Church, School, Institutional District
CHAPTER 1257 LO Limited Office District
CHAPTER 1258 GO General Office District
CHAPTER 1259 LB Limited Intensity Business District
CHAPTER 1260 MB Medium Intensity Business District
CHAPTER 1261 HB High Intensity Business District
CHAPTER 1262 GB General Business District
CHAPTER 1263 LC Limited Commercial District
CHAPTER 1264 GC General Commercial District
CHAPTER 1265 DC Downtown District
CHAPTER 1266 LI Limited Industrial District
CHAPTER 1267 GI General Industrial District
CHAPTER 1268 Planned Unit Development
CHAPTER 1269 Overlay Historic District
CHAPTER 1270 Yard and Frontage Modification in R-Districts
CHAPTER 1271 Yard Projections in R-Districts
CHAPTER 1272 Lot Area Requirements - Private Water or Sewage Disposal System
CHAPTER 1274 Accessory Structures
CHAPTER 1276 Fences, Walls and Similar Structures
CHAPTER 1278 Height Modifications
CHAPTER 1280 Adult Entertainment Businesses
CHAPTER 1282 Lots of Record
CHAPTER 1284 Dwelling Groups
CHAPTER 1286 Public and Private Swimming Pools
CHAPTER 1288 Regulation of Satellite Signal Receiving Antennas
CHAPTER 1290 Off-Street Parking and Loading Regulations
CHAPTER 1292 Landscaping, Buffering, Green Space
CHAPTER 1294 Display Signs and Outdoor Advertising
CHAPTER 1296 Performance Standards
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - HEALTH AND SANITATION CODE
CHAPTER 1232
Administration, Enforcement and Penalty
1232.01   Zoning Inspector.
1232.02   Zoning certificate of plan approval.
1232.03   Prohibited activities and uses.
1232.04   Inspection or approval.
1232.05   Certificate of use.
1232.06   Violations.
1232.07   Violations; remedies.
1232.99   Penalty.
   CROSS REFERENCES
   Zoning ordinances - see CHTR. § 4.12; Ohio R.C. 713.12, 713.15
   Board of Zoning Adjustment - see CHTR. § 11.03; ADM. Ch. 264
   Municipal zoning - see Ohio R.C. 713.06 et seq.
   Limitation on procedural challenges - see Ohio R.C. 713.121
   Violation of zoning ordinance may be enjoined - see Ohio R.C. 713.13
   Effect of zoning on laws and charters - see Ohio R.C. 713.14
   Retroactive zoning ordinances prohibited; nonconforming uses - see Ohio R.C. 713.15
   Zoning of adult entertainment businesses - see B.R. & T. Ch. 807
1232.01 ZONING INSPECTOR.
   (a)   There is hereby established the office of Zoning Inspector for the purpose of this Code.
   (b)   It shall be the duty of the Zoning Inspector to enforce this Code. In the performance of his duties, he shall act in accordance with the provisions of this Code.
   (c)   When there is uncertainty as to the meaning or intent of a provision of this Code, or when this Code fails to address an issue, the Zoning Inspector shall interpret the intent and purpose of this Code, or submit a request to the Board in accordance with Section 1234.06.
   (d)   An approval shall be null and void, if the Zoning Inspector grants the approval, acting outside the authority of this Code.
(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)
1232.02 ZONING CERTIFICATE OF PLAN APPROVAL.
   (a)   Application.
      (1)   Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, as well as the exact location, size and height of any existing or proposed building or structure which is proposed to be erected or altered.
      (2)   In the case of a proposed new building or structure or proposed alteration of an existing building or structure, drawings shall include the front, side, and rear elevations of the proposed building or structure.
      (3)   The existing and intended use of each building or structure or part thereof, the number of families or housekeeping units the building is designed to accommodate, where no buildings are involved, the location of the present use and proposed use to be made of the land, and such other information with regard to the lot and neighboring lots as may be necessary to determine compliance with this Code shall be included with the application. All dimensions shown on the plans shall accurately reflect site conditions.
   (b)   Health Department Certification. In every case where the lot is not provided with public water supply or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the appropriate Department of Health, for the proposed method of water supply, disposal of sanitary wastes, or both.
   (c)   Inspector to Act within Thirty Days. The Zoning Inspector shall act upon all applications within thirty (30) days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within thirty (30) days or shall notify the applicant in writing of his denial of such certificate and the reasons therefore. Failure to notify the applicant of either an approval or denial shall be considered a denial of a zoning certificate and entitles the applicant to appeals in accordance with Section 1234.04 , the applicant may consent to an extension of time for the Zoning Inspector to act.
   (d)   Approvals.
      (1)   Expiration.
         A.   The zoning certificate is invalid if construction, erection, alteration or other work has not commenced within twelve months of the date of the grant of the zoning certificate.
         B.   One extension may be granted for an additional twelve-month period if requested by the owner or their representative at least ten days in advance of the expiration of the zoning certificate.
      (2)   Extension. If in the course of construction, work is delayed or suspended for more than six months, the approval of plans or drawings and specifications or data is invalid. Two extensions shall be granted for six months each if requested by the owner at least ten days in advance of the expiration of the approval.
   (e)   Fees.
APPLICABLE FEE SCHEDULE FOR PERMITS, APPEALS, AND REVIEWS: CHART A
Fees
APPLICABLE FEE SCHEDULE FOR PERMITS, APPEALS, AND REVIEWS: CHART A
Fees
Zoning Permits
   Residential (1, 2, & 3 family dwellings)
 
      New build
$225.00
      Addition
$50.00
   Commercial
 
      New build
$500.00
      Addition
$150.00
      Accessory structures
$30.00
Sign Permits
   Sign face area = 1 - 40 sq. ft.
$145.00
   Sign face area = 41 - 300 sq. ft.
$225.00
Board of Zoning Appeals
   Appeal/variance
 
      Residential (1 & 2 family dwellings)
$75.00
      Commercial or multi-family dwellings
$200.00
   Off-premise variable message sign
$150.00
Planning Commission
   Lot split/combination/re-plat
$50.00
   Zoning district changes
$300.00
   Site plan review
$0
   Planned unit development preliminary review
$300.00
   Planned unit development final review
$300.00
Demolition
   Residential
$75.00
   Commercial
$150.00
   Accessory structure
$25.00
Floodplain Development
 
   Floodplain development application
$50.00
   Variance
$200.00
Miscellaneous
   Change of use
$0
   Temporary structure/storage unit/pod/bin permit
$30.00
 
(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)
1232.03 PROHIBITED ACTIVITIES AND USES.
   (a)   Excavation or Construction. It shall be unlawful for any owner or their agent to begin excavation or construction until the Zoning Inspector issues a zoning certificate.
   (b)   Uses. It shall be unlawful for any owner, lessee tenant or their agent to use or to permit the use of any structure, building, land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued by the Zoning Inspector. Such zoning certificate shall show that such structure, building, land or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Code. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, conform to all the requirements of this Code.
(Ord. 08-33. Passed 5-4-09.)
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