1258.01 Division of City into districts; Zoning Map.
1258.02 Rules for interpretation of district boundaries.
1258.03 Application of district regulations.
CROSS REFERENCES
Division of municipal corporation into zones - see Ohio R.C. 713.06
Notice and hearing on municipal zoning regulations - see Ohio R.C. 713.12
Effect of zoning on laws and charters - see Ohio R.C. 713.14
Retroactive zoning ordinances prohibited - see Ohio R.C. 713.15
General provisions and definitions - see P. & Z. Ch. Ch. 1250
Administration, enforcement and penalty - see P. & Z. Ch. Ch. 1252
Amendments - see P. & Z. Ch. Ch. 1256
Special planned development - see P. & Z. Ch. Ch. 1288
(a) Division of City; Adoption of Map. The City of Norton is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Code.
(b) Identification of Map. The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the Clerk of Council of the City of Norton, and shall bear certification of the Clerk of the Council of the City of Norton, as follows: "This is to certify that this is the Official Zoning Map referred to in Article IV of Ordinance No. 1-1988, of the City of Norton, Summit County, State of Ohio, as adopted on April 11, 1988."
(c) Amendments and Procedure for Change. If, in accordance with the provisions of this Zoning Code and the Charter of the City of Norton, changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change or changes) (was or were) made in the Official Zoning Map: (Brief description of the nature of the change or changes)," which entry shall be signed by the Mayor and attested to by the Clerk of Council of the City of Norton.
(d) Effective Date. No amendment to this Zoning Code which involves matters portrayed on the Official Zoning Map shall become effective until after such change and entry have been made on said Map. No changes of any nature shall be made on the Official Zoning Map, or matters shown thereon, except in conformity with the procedures set forth in this Zoning Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Zoning Code and punishable as provided in Section 1252.99.
(e) Copies and Location of Official Zoning Map. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Clerk of Council of the City of Norton, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.
(f) Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may, by ordinance, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereon.
(g) Preservation of Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption and amendment.
(Ord. 1-1988. Passed 4-11-88.)
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(a) Boundaries indicated as approximately following the centerlines of streets, highway or alleys shall be construed to follow such centerlines.
(b) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(c) Boundaries indicated as approximately following City limits shall be construed as following such City limits.
(d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(e) Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
(f) Boundaries indicated as parallel to, or extensions of, features indicated in paragraphs (a) through (e) hereof shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.
(g) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs (a) through (e) hereof, the Board of Zoning and Building Appeals shall interpret the district boundaries.
(h) Where a district boundary line divides a lot which was in single ownership at the time of passage of this Zoning Code, the Board of Zoning and Building Appeals may permit, as a special exception, the extension of the regulations for either portion of the lot, not to exceed fifty feet beyond the district line, into the remaining portion of the lot.
(Ord. 1-1988. Passed 4-11-88.)
(a) The requirements set forth in this Zoning Code for each district shall be minimum and shall apply uniformly to each class or kind of structure or land, and particularly thereto, except as hereinafter provided.
(b) No building, structure or land shall hereafter be used or occupied, and no building or structure, or any part thereof, shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the provisions herein specified for the district in which it is located.
(Ord. 1-1988. Passed 4-11-88.)
(c) Within the Residential, Business and Industrial Districts, any use permit of less density, or of a less intrusive nature, shall be permitted in another Residential, Business or Industrial District permitting greater density or a more intrusive use, to the extent provided below, unless otherwise stated within this Zoning Code:
(1) Any use permitted in an R-1 District shall be permitted in R-2, R-3, R-4 and R-5 Districts.
(2) Any use permitted in an R-2 District shall be permitted in R-3, R-4 and R-5 Districts.
(3) Any use permitted in an R-3 District shall be permitted in R-4 and R-5 Districts.
(4) Any use permitted in an R-4 District shall be permitted in R-5 Districts.
(5) Any use permitted in a B-1 District shall be permitted in B-2, B-3, I-1 and I-2 Districts.
(6) Any use permitted in a B-2 District shall be permitted in B-3, I-1 and I-2 Districts.
(7) Any use permitted in a B-3 District shall be permitted in I-1 and I-2 Districts.
(8) Any use permitted in an I-1 District shall be permitted in I-2 Districts.
All yard, area, parking, building height and setback requirements shall be as provided in the district where the use is taking place.
(Ord. 106-1992. Passed 1-11-93.)
(d) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height or bulk;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; or
(4) To have narrower or smaller rear yards, front yards, side yards or other open spaces as herein required, or in any other manner contrary to the provisions of this Zoning Code.
(e) No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Code, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
(f) No yard or lot existing at the time of passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements established by this Zoning Code.
(g) All territory which may hereafter be annexed to the City shall be considered to be in the R-1 Resident District until otherwise classified.
(h) When a lot in one ownership is situated in part of the City of Norton and in part in an adjacent municipality, the regulations and restrictions of this Zoning Code shall be applied to that portion of such lot that lies in the City of Norton in the same manner as if the entire lot were situated therein.
(Ord. 1-1988. Passed 4-11-88; Ord. 69-2007. Passed 11-12-07.)