Transcription
APRIL 11, 2019VILLAGE OF BETHELZONING CODE
Table of ContentsARTICLE 1 TITLE, INTERPRETATION AND ENACTMENT . 6100 TITLE . 6101 PROVISIONS OF ZONING CODE DECLARED TO BE MINIMUM REQUIREMENTS . 6102 COMPLIANCE REQUIRED . 6103 SEPARABILITY CLAUSE . 6104 REPEAL OF CONFLICTING ZONING CODE, EFFECTIVE DATE . 6ARTICLE 2 DEFINITIONS . 7200 INTERPRETATION OF TERMS OR WORDS: . 7201 DEFINITIONS . 7ARTICLE 3 PERMITS .20300 ZONING PERMITS REQUIRED .20301 DEMOLITION PERMITS REQUIRED .20302 CONTENTS OF APPLICATION OF PERMITS .20303 APPROVAL OF PERMITS.21304 SUBMISSION TO DIRECTOR OF TRANSPORTATION .21305 EXPIRATION OF ZONING PERMIT .22306 RECORD OF ZONING AND DEMOLITION PERMITS .22307 FAILURE TO OBTAIN A ZONING PERMIT .22308 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS,PERMITS AND CERTIFICATES .22309 COMPLAINTS REGARDING VIOLATION .22310 PENALTIES FOR VIOLATION .22311 SCHEDULE OF FEES, CHARGES AND EXPENSES .23ARTICLE 4 NON-CONFORMITIES.24400 INTENT .24401 ZONING PERMIT FOR NON-CONFORMING USES.24402 INCOMPATIBILITY OF NON-CONFORMITIES .24403 AVOIDANCE OF UNDUE HARDSHIP .24404 NON-CONFORMING LOTS OF RECORD .25405 NON-CONFORMING USES OF LAND .25406 NON-CONFORMING STRUCTURES .25407 NON-CONFORMING USE OF STRUCTURES OR USE OF STRUCTURES AND LANDIN COMBINATION.26408 REPAIRS AND MAINTENANCE.26ARTICLE 5 ADMINISTRATION .28500 PURPOSE .281
501 OFFICE OF ZONING ADMINISTRATOR CREATED.28502 DUTIES OF ZONING ADMINISTRATOR .28503 VILLAGE PLANNING COMMISSION .28504 PROCEEDINGS OF VILLAGE PLANNING COMMISSION .28505 RESPONSIBILITIES OF PLANNING COMMISSION .29506 SITE PLAN REVIEW .29507 BOARD OF ZONING APPEALS CREATED .31508 PROCEEDINGS OF THE BOARD OF ZONING APPEALS .31509 DUTIES OF THE BOARD OF ZONING APPEALS .31510 DECISIONS OF THE BOARD OF ZONING APPEALS .32511 APPEALS .32512 STAY OF PROCEEDINGS .33513 VARIANCES .33514 APPLICATION AND STANDARDS FOR VARIANCES .33515 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS .34516 APPEALS FROM THE BOARD OF ZONING APPEALS .34517 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF TEMPORARY USEPERMITS .35518 GENERAL .35519 CONTENTS OF APPLICATIONS FOR TEMPORARY USE PERMITS.35520 GENERAL STANDARDS APPLICABLE TO ALL TEMPORARY USES .35521 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS .36522 PROCEDURE OF HEARING, NOTICE .36523 ACTION BY THE BOARD OF ZONING APPEALS .36524 EXPIRATION OF TEMPORARY USE PERMIT .36ARTICLE 6 AMENDMENT OF ZONING CODE .37600 PROCEDURE FOR AMENDMENT OR FOR DISTRICT CHANGES .37601 GENERAL .37602 INITIATION OF ZONING AMENDMENTS .37603 CONTENTS OF APPLICATION .37604 TRANSMITTAL TO VILLAGE PLANNING COMMISSION .38605 SUBMISSION TO STATE DIRECTOR OF TRANSPORTATION .38606 RECOMMENDATION BY VILLAGE PLANNING COMMISSION .38607 PUBLIC HEARING BY VILLAGE COUNCIL .38608 NOTICE OF PUBLIC HEARING IN NEWSPAPER .38609 NOTICE TO PROPERTY OWNERS BY VILLAGE COUNCIL .382
610 ACTION BY VILLAGE COUNCIL.39611 EFFECTIVE DATE AND REFERENDUM .39612 ANNEXATION .39ARTICLE 7 PROVISIONS FOR OFFICIAL ZONING MAP AND ZONING DISTRICTS .40700 OFFICIAL ZONING MAP .40710 IDENTIFICATION OF OFFICIAL ZONING MAP .40720 INTERPRETATION OF DISTRICT BOUNDARIES .40730 ZONING DISTRICTS .40ARTICLE 8 ZONING DISTRICT REGULATIONS .41800 PERMITTED USES, GENERAL REGULATIONS .41810 “R-A” RESIDENTIAL DISTRICT .41811 R-1 RESIDENTIAL, SINGLE FAMILY DISTRICT .44812 R-2 RESIDENTIAL, SINGLE FAMILY DISTRICT .47813 “R-3” RESIDENTIAL, SINGLE & TWO FAMILY DISTRICT.49814 “R-4” RESIDENTIAL MULTIFAMILY DISTRICT .51820 “PO” PROFESSIONAL OFFICE DISTRICT .55830 B-1 NEIGHBORHOOD BUSINESS DISTRICT .58831 B-2 GENERAL BUSINESS DISTRICT .61840 “IP” PLANNED INDUSTRIAL PARK DISTRICT .64850 “PUD” (PLANNED UNIT DEVELOPMENT) OVERLAY DISTRICT .67860 “T” TRANSITIONAL OVERLAY DISTRICT .77ARTICLE 9 DISTRICT REGULATIONS .89900 COMPLIANCE WITH REGULATIONS .89ARTICLE 10 SUPPLEMENTARY DISTRICT REGULATIONS .901000 GENERAL .901001 CONVERSION OF DWELLINGS TO MORE UNITS .901002 HOME OCCUPATION .901003 PRIVATE SWIMMING POOLS .911004 COMMUNITY OR CLUB SWIMMING POOLS .911005 BACKYARD CHICKENS AND SMALL FARM ANIMALS .911006 TEMPORARY BUILDINGS .921007 PARKING AND STORAGE OF CERTAIN VEHICLES .931008 REQUIRED TRASH AREAS .931009 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS .931010 SETBACK REQUIREMENTS FOR CORNER BUILDINGS.931011 VISIBILITY AT INTERSECTIONS.933
1012 FENCE AND WALL RESTRICTIONS IN FRONT YARDS .931013 YARD REQUIREMENTS FOR MULTI-FAMILY DWELLINGS .941014 NONRESIDENTIAL BUFFER ZONES .941015 ARCHITECTURAL PROJECTIONS .941016 EXCEPTIONS TO HEIGHT REGULATIONS .941017 SCREENING AREA.941018 SPECIAL PROVISION FOR COMMERCIAL AND INDUSTRIAL USES .961019 EXTERIOR STORAGE .971020 ENFORCEMENT PROVISIONS .971021 MEASUREMENT PROCEDURES .97ARTICLE 11 OFF-STREET PARKING AND LOADING FACILITIES .981100 PURPOSE .981101 GENERAL REQUIREMENTS .981112 PAVING .991113 DRAINAGE .991114 MAINTENANCE .991115 LIGHTING .991116 LOCATION OF PARKING SPACES .991117 SCREENING AND / OR LANDSCAPING .991121 WIDTH OF DRIVEWAY AISLE .1001122 ACCESS.1011130 PARKING SPACE REQUIREMENTS .101TYPE OF USE.101PARKING SPACES REQUIRED .1011140 GENERAL INTERPRETATIONS .104ARTICLE 12 SIGNS .1051200 INTENT .1051201 GOVERNMENTAL SIGNS EXCLUDED .1051202 GENERAL REQUIREMENTS FOR ALL SIGNS AND DISTRICTS .1051203 MEASUREMENT OF SIGN AREA .1061204 PROHIBITED SIGNS.1061210 SIGNS PERMITTED IN ALL DISTRICTS NOT REQUIRING A PERMIT .1071211 SIGNS PERMITTED IN ANY DISTRICT REQUIRING A PERMIT .1071212SIGNS PERMITTED IN COMMERCIAL AND MANUFACTURING DISTRICTSREQUIRING A PERMIT .1081220 TEMPORARY SIGNS .1084
SECTION 1221 FREE STANDING SIGNS REQUIRING A PERMIT .1091222 WALL SIGNS PERTAINING TO NON-CONFORMING USES .1091240 SETBACKS FOR PUBLIC AND QUASI PUBLIC SIGNS .1091241 SPECIAL YARD PROVISIONS.1091250 LIMITATION .1101260 VIOLATIONS .110ARTICLE 1300 FEES.111APPENDIX A .113APPENDIX B .116APPENDIX C .117NOTICE OF ADOPTION OF CODIFIED ZONING ORDINANCES FOR THE VILLAGE OFBETHEL, OHIO .1195
ARTICLE 1 TITLE, INTERPRETATION AND ENACTMENT100 TITLEThis ordinance shall be known and may be cited to as the “Zoning Ordinance of theVillage of Bethel, Ohio,” or the “Zoning Code.”101PROVISIONS OF ZONING CODE DECLARED TO BE MINIMUMREQUIREMENTSIn their interpretation and application, the provisions of this Zoning Code shall be heldto be minimum requirements, adopted for the promotion of the public health, safety,and the general welfare. Whenever the requirements of any other lawfully adoptedrules, regulations, ordinances, or resolutions, the most restrictive, or that imposing thehigher standards, shall govern.102 COMPLIANCE REQUIREDExcept as hereinafter specified, no land, building, structure or premises shall hereafterbe used, and no building, part thereof or other structure shall be located, erected,moved, reconstructed, extended, enlarged or altered, except in conformity with theregulations specified in this Zoning Code for the district in which it is located.103 SEPARABILITY CLAUSEShould any section or provision of this Zoning Code be declared by the courts to beunconstitutional or invalid, such decision shall not affect the validity of the Zoning Codeas a whole, or any part thereof other than the part so declared to be unconstitutionalor invalid.104 REPEAL OF CONFLICTING ZONING CODE, EFFECTIVE DATEAll ordinances (resolutions) or parts of ordinances (resolutions) in conflict with thisZoning Code are hereby repealed to the extent necessary to give this Zoning Codefull force and effect. This Zoning Code shall become effective from and after the dateof its approval and adoption, as provided by law.6
ARTICLE 2 DEFINITIONS200 INTERPRETATION OF TERMS OR WORDS:For the purpose of this Zoning Code, certain terms or words used herein shall beinterpreted as follows:1. The word “person” includes a firm, association, organization, partnership, trust,company, or corporation as well as an individual.2. The present tense includes the future tense, the singular number includes theplural, and the plural number includes the singular.3. The word “shall” is a mandatory requirement, the word “may” is a permissiverequirement, and the word “should” is a preferred requirement.4. The words “used” or occupied” include the words “intended, designed, or arrangedto be used or occupied.”5. The word “lot” includes the words “plot” or “parcel.”201 DEFINITIONSACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, andof a nature customarily incidental and subordinate to, the principal use or structure.AGRICULTURE: The use of land for farming, dairying, pasturage, apiculture,horticulture, floriculture, viticulture, and animal; and poultry husbandry and thenecessary accessory uses for packing, treating or storing the produce, provided,however, that:1. The operation of any such accessory uses shall be secondary to that of normalagricultural activities; and2. The above uses shall not include the feeding or sheltering of animals or poultry inpenned enclosures within 100 feet of any residential zoning district. Agriculturedoes not include the feeding of garbage to animals or the operation or maintenanceof a commercial stockyard or feed yard.AIRPORT: Any runway, land area or other facility designed or used either publicly orprivately by any person for the landing and taking off of aircraft, including all necessarytaxiways, aircraft storage and tie-down areas, hangars and other necessary buildings,and open spaces.ALLEY: See Thoroughfare.ALTERATIONS, STRUCTURAL: Any change in the supporting members of a buildingsuch as bearing walls, columns, beams, or girders.AUTOMOTIVE REPAIR: The repair, rebuilding, or reconditioning of motor vehicles orparts thereof, including collision service, painting, and steam cleaning of vehicles.AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER AND FARM IMPLEMENTSALES: The sale or rental of new and used motor vehicles, mobile homes, travel7
trailers, or farm implements, but not including repair work except incidental warrantyrepair of same, to be displayed and sold on the premises.AUTOMOTIVE WRECKING: The dismantling or wrecking of used motor vehicles,mobile homes, trailers, or the storage, sale, or dumping of dismantled, partiallydismantled, obsolete or wrecked vehicles or their parts.BASEMENT: A story all or partly underground but having at least one-half of its heightbelow the average level of the adjoining ground. (See Definition of “Story”)BUILDING: Any structure designed or intended for the support, enclosure, shelter orprotection of persons, animals, chattels or property.BUILDING, ACCESSORY: A subordinate building detached from, but located on thesame lot as the principal building, the use of which is incidental and accessory to thatof the main building or use.BUILDING, HEIGHT: The vertical distance measured from the average elevation ofthe proposed finished grade at the front of the building to the highest point of the rooffor flat roofs, to the deck line of mansard roofs, and the mean height between eavesand ridge for gable, hip and gambrel roofs.BUILDING LINE: See Setback Line.BUILDING, PRINCIPAL: A building in which is conducted the main or principal use ofthe lot on which said building is situated.BUSINESS, CONVENIENCE: Commercial establishments which cater to and can belocated in close proximity to or within residential districts without creating unduevehicular congestion, excessive noise, or other objectionable influences. To preventcongestion, convenience uses include, but need not be limited to, drugstores, beautysalons, barber shops, carry-outs, dry cleaning and laundry pick-up facilities, andgrocery stores, if less than 10,000 square feet in floor area. Uses in this classificationtend to serve a day-to-day need in the neighborhood.BUSINESS, GENERAL: Commercial uses which generally require locations on ornear major thoroughfares and/or their intersections, and which tend, in addition toserving day to day needs of the community, also supply the more durable andpermanent needs of the whole community. General business uses include, but neednot be limited to, such activities as supermarkets; stores that sell hardware, apparel,footwear, appliances, and furniture; department stores; and discount stores.BUSINESS, HIGHWAY: Commercial uses which generally require locations or nearmajor thoroughfares and/or their intersections and which tend to serve the motoringpublic. Highway business uses include, but need not be limited to, such activities asfilling stations; truck and auto sales and service; restaurants and motels; andcommercial recreation.BUSINESS, OFFICE TYPE: Quasi-commercial uses which may often be transitionalbetween retail business and/or manufacturing, and residential uses. Office businessgenerally accommodates such occupations as administrative, executive, professional,accounting, writing, clerical, stenographic, and drafting. Institutional offices of a8
charitable, philanthropic, or religious or educational nature are also included in thisclassification.BUSINESS SERVICES: Any profit making activity which renders services primarilyto other commercial or industrial enterprises, or which services and repairs appliancesand machines used in homes and businesses.BUSINESS, WHOLESALE: Business establishments that generally sell commoditiesin large quantities or by the piece to retailers, jobbers, other wholesale establishments,or manufacturing establishments. These commodities are basically for further resale,for use in the fabrication of a product, or for use by a business service.CEMETERY: Land used or intended to be used for the burial of the human or animaldead and dedicated for cemetery purposes, including crematories, mausoleums, andmortuaries if operated in connection with and within the boundaries of such cemetery.CHANNEL: A natural or artificial watercourse of perceptible extent, with bed andbanks to confine and conduct continuously or periodically flowing water.CLINIC: A place used for the care, diagnosis and treatment of sick, ailing, infirm orinjured persons, and those who are in need of medical and surgical attention, but whoare provided with board or room or kept overnight on the premises.CLUB: A building or portion thereof or premises owned or operated by a person for asocial, literary, political, educational, or recreational purpose or fraternal organizationprimarily for the exclusive use of members and their guests.COMMERCIAL ENTERTAINMENT FACILITIES: Any profit making activity which isgenerally related to the entertainment field, such as motion picture theaters, carnivals,nightclubs, cocktail lounges, and similar entertainment activities.COMPREHENSIVE DEVELOPMENT PLAN: A plan, or any portion thereof, adoptedby the Village planning commission and the legislative authority of the Village ofBethel, showing the general location and extent of present and proposed physicalfacilities in fares, parks, schools, and other community facilities. This plan establishesthe goals, objectives, and policies of the community.CORNER LOT: See Lot TypesCUL-DE-SAC: See ThoroughfareDEAD-END STREET: See ThoroughfareDEMOLITON: To tear down, raze, do away with, or destroy any structure9
DENSITY: A unit of measurement; the number of dwelling units per acre of land.1. Gross Density - the number of dwelling units per acre of the total land to bedeveloped.2. Net Density - the number of dwelling units per acre of land when the acreageinvolved includes only the land devoted to residential uses.DWELLING: Any building or structure (except a house trailer or mobile home asdefined by Ohio Revised Code 4501.01) which is wholly or partly used or intended tobe used for living or sleeping by one or more human occupants.DWELLING UNIT: Space, within a dwelling, comprising living, dining, sleeping roomor rooms, storage closets, as well as space and equipment for cooking, bathing, andtoilet facilities, all used by only one family and its household employees.DWELLING, SINGLE FAMILY: A dwelling consisting of a single dwelling unit only,separated from other dwelling units by open space.DWELLING, TWO-FAMILY: A dwelling consisting of two dwelling units which may beeither attached side by side or one above the other, and each unit having a separateor combined entrance or entrances.DWELLING, MULTI-FAMILY: A dwelling consisting of three or more dwelling unitsincluding condominiums with varying arrangements of entrances and party walls.Multi-family housing may include public housing and industrialized units.DWELLING, INDUSTRIALIZED UNIT: An assembly of materials or productscomprising all or part of a total structure which, when constructed, is self-sufficient orsubstantially self-sufficient and when installed, constitutes a dwelling unit, except fornecessary preparations for its placement, and including a modular or sectional unitbut not a mobile home.DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE,DORMITORY): A dwelling or part thereof, other than a hotel, motel or restaurantwhere meals and/or lodging are provided for compensation, for three or moreunrelated persons where no cooking or dining facilities are provided in the individualrooms.EASEMENT: Authorization by a property owner for the use by another, and for aspecified purpose, of any designated part of his property.ESSENTIAL SERVICES:The erection, construction, alteration or maintenanceby public utilities or municipal or other governmental agencies, of underground gas,electrical, steam or water transmission, or distribution systems or sites, includingcommunication, supply or disposal systems or sites, including poles, wires, mains,drains, sewers, pipes, traffic signals, hydrants, or other similar equipment andaccessories in connection therewith which are reasonably necessary for the furnishingof adequate service by such public utilities or municipal or other governmentalagencies or for the public health or safety or general welfare, but not includingbuildings.10
FAMILY:One or more individuals occupying a dwelling and living as a singlehousekeeping unit under a common housekeeping plan based on an intentionallystructured relationship providing organization and stability.FARM VACATION ENTERPRISES (PROFIT OR NON-PROFIT): Farms adapted foruse as vacation farms, picnicking and sports areas, fishing waters, camping, scenery,and nature recreation areas; hunting areas; hunting preserves and watershedprojects.FLOOD PLAIN: That land, including the flood fringe and the flowery, subject toinundation by the regional flood.FLOOD, REGIONAL: Large floods which have previously occurred or which may beexpected to occur on a particular stream because of like physical characteristics. Theregional flood generally has an average frequency of the one hundred(100) yearrecurrence interval flood.FLOODWAY: That portion of the flood plain, including the channel, which isreasonable required to convey the regional floodwaters. Floods of less frequentrecurrence are usually contained completely within the floodway.FLOODWAY FRINGE: T
Village of Bethel, Ohio," or the "Zoning Code." 101 PROVISIONS OF ZONING CODE DECLARED TO BE MINIMUM REQUIREMENTS 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.
