Zoning Ordinance

AN ORDINANCE TO PROVIDE FOR THE COMPREHENSIVE ZONING OF THE VILLAGE OF WESTON, WOOD COUNTY, OHIO; ESTABLISH THE USE OF DISTRICTS, HEIGHTS, AND AREA REGULATIONS; CONTROL NON-CONFORMING USES; PROVIDE FOR OFF-STREET PARKING; ESTABLISH A PLANNING COMMISSION; PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THE ORDINANCE; ESTABLISH A ZONING DISTRICT MAP; ESTABLISH PROCEDURES FOR AMENDMENT THERETO; AND TO REPEAL EXISTING ZONING ORDINANCES AND RESOLUTIONS TO THE VILLAGE OF WESTON.

BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF WESTON, COUNTY OF WOOD AND STATE OF OHIO, A MAJORITY OF ALL THE MEMBERS ELECTED THERETO CONCURRING:

SECTION 1: GENERAL GUIDELINES

1.) This ordinance shall be known as the Zoning Ordinance of the Village of Weston, Ohio.

2.) This ordinance shall consist of the text thereof, together with that certain map marked and designated the map of the zoning ordinance of the Village of Weston, Ohio, and identified by the approving signatures of the Mayor and Village Clerk.

3.) It is the purpose of this ordinance to promote the public health, safety, morals, comfort, and general welfare, to prevent over-crowding, to conserve the values of property, and to lessen and avoid congestion in the public streets and highways.

SECTION 2: SCOPE OF REGULATIONS

Except as provided by this ordinance, and except after obtaining a written permit from the enforcing officers, it shall hereafter be unlawful in Weston, Ohio:

1.) To erect any new building or structure, or to relocate, enlarge, or to substantially alter any existing building or structure.

2.) To establish, expand, change, or re-establish any non-conforming use of a building, structure, or land.

3.) To reduce the open structure or plot area required for a building, structure, industrialized unit, tent, or parking space, or to include any part of such open space or plot area as that required for an adjoining building or structure.

4.) To provide or connect to a water supply or sewage disposal facility.

SECTION 3: DEFINITIONS

VIEW SECTION 203 (PDF)

 SECTION 4: GENERAL REGULATIONS

In order to regulate and district the location of trades and industries and the location of buildings erected or altered for specified uses, the Village of Weston is hereby divided into “Zoning Districts” of which there shall be six known as:

“R1”     RESIDENTIAL DISTRICT

“R2”     RESIDENTIAL MULTIPLE HOUSING DISTRICT

“M”     MANUFACTURED (MOBILE) HOME DISTRICT

“C”     COMMERCIAL DISTRICT

“I-1”    LIGHT INDUSTRIAL/MANUFACTURING DISTRICT

“I-2”    HEAVY/GENERAL INDUSTRIAL /MANUFACTURING DISTRICT

The boundaries of such districts are shown upon the map attached hereto and made a part of this ordinance, and being designated as the “Zoning Map”, said map and all notations, references, and other things shown hereon shall be as much a part of this ordinance as if the matters and things set forth by sat map were fully described herein.

No building shall hereafter be erected or substantially altered for any other purpose than that permitted in the zoning district in which such building or premises is located, except where a variance has been granted as provided in this ordinance.

When uncertainty exists with respect to boundaries of the various districts as described herein or as indicated on the zoning map, the following rules shall apply:

1.) District boundary lines are either the center lines of railroads, highways, streets, alleys, or easements, or boundary lines of sections, quarter sections, tracts, subdivisions, lots, or such lines extended, unless otherwise indicated.

2.) In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strip shall be two hundred feet, measured at right angles from the street or highway line, and the length of frontage shall be the entire tract of land along such highway, unless otherwise indicated.

3.) Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may extend to the entire lot, but no more than 25 feet beyond the boundary line of the district.

SECTION 5: ZONING DISTRICTS 

VIEW SECTION 205 (PDF)

SECTION 5.01: FENCING (RESIDENTIAL DISTRICTS)

1.) Permanent fences shall be placed no less than six (6) inches from the property line unless by written mutual consent of the adjacent property owners.

2.) No fence shall contain barbed wire, electric current, or charge of electricity.

3.) No fence, natural or otherwise, of greater than two (2) feet in height, shall be erected or maintained on corner lots within the triangle, two sides of which shall commence at the corner of the corner lot and extend twenty-five (25) feet away from the corner along each lot line, and extend diagonally from the 25-foot point on the lot line to the 25-foot point on the other lot line.

4.) Any fence in the front yard parallel to the street shall be no greater in height than four (4) feet, measured from the surface of the ground; at least one (1) foot off the public right-of-way; and not materially impede vision from driveways or street corners.

5.) Any fence in the side yard set-back shall be no greater in height than four (4) feet, measured from the surface of the ground, from the lot line to the front of the primary structure on the lot, and not greater in height than six (6) feet, measured from the surface of the ground, from the front of the primary structure to the rear lot line.

6.) Any fence in the rear yard set-back shall be no greater in height than eight (8) feet, measured from the surface of the ground.

 SECTION 5.02: ANIMALS IN RESIDENTIAL AREAS

1.) Animals for 4H projects may be permitted in Residential areas if previously approved by Weston Council.

2. ) Type, size, sound, odor, and space needs of such proposed animals shall be considered in the determination of approval.

3.) A written request for approval of such must be received by the Council of the Village at least forty-five (45) days prior to the proposed start of the project.

4.) Any approval granted by the Council of the Village shall be for a specified period of time and include any conditions and limitations.

SECTION 6: SPECIAL EXEMPTIONS IN ZONING DISTRICTS

VIEW SECTION 206 (PDF)

SECTION 7: NONCONFORMITIES

Where, at the time of adoption of this ordinance, lawful uses of land or buildings exist which would not be permitted by the regulations imposed by this ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

1.) No such nonconforming uses of buildings shall be enlarged or increased, nor extended, to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

2.) Any building or structure devoted to a nonconforming use which may be destroyed or damaged by fire or otherwise, to the extent of fifty percent (50%) or more of its value, shall not be repaired or rebuilt, nor shall another building or structure be erected on the premises except in conformity with the provisions of this ordinance.

3.) If any nonconforming uses of land are discontinued or abandoned for more than two years (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.) Whenever a nonconforming use has been changed to a use of higher classification or to a conforming use, such a use cannot thereafter be changed to one of a lower classification or back to a nonconforming use.

5.) A complete record of the location, nature, and extent of a nonconforming use shall be made and kept by the enforcing officer.

SECTION 8: ADMINISTRATION 

Creation and Membership of Planning Commission- A Planning Commission, hereafter referred to by the word “Commission”, is hereby authorized to be established. Such Commission is composed of five (5) members who serve without compensation. The Mayor is a member of the Commission by virtue of his office. A second member must be a member of Village Council. He is elected to the Commission by Council to serve during his term as councilman. The other three (3) members of the Commission must be residents of the Village who are appointed by the Mayor and confirmed by Council. Initially, the Mayor appoints one member for a term of two (2) years, a second for four (4) years, and a third for six (6) years. Thereafter, the Mayor appoints one new citizen member every two (2) years to a six (6) year term on the Commission. Vacancies shall be filled for unexpired terms only. Any member of the Commission may be removed for neglect of duty after a public hearing before Council, and a resolution is adopted by said Council.

Chairman and Meetings

1.) The Commission shall, within ten (10) days after appointment, meet and organize, and then elect a chairman and secretary from their membership. All meetings of the Commission shall be held at the call of the chairman and at such times and places as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and require the attendance of witnesses. All meetings of the Commission shall be open to the public.

2.) The Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision, or determination of the Commission shall immediately be filed in the office of the Village Clerk and shall be public record. In the performance of its duties, the Commission may incur such expenditures as shall be authorized by the Village Council. The Commission shall adopt its own rules of procedure not in conflict with this statute.

Duties of the Planning Commission- For the purpose of this ordinance, the Commission shall have the following duties:

1.) Initiate proposed amendments to this ordinance.

2.) Review proposed amendments to this ordinance and make recommendations to Village Council.

3.) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.

4.) Authorize such variances from the terms of this ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

5.) Review all proposed subdivisions for compliance with subdivision regulations and make recommendations to Council concerning approval of same and any variances requested.

6.) Carry out all other planning functions assigned to a Village Planning Commission by the Ohio Revised Code and not inconsistent with other ordinances of the Village of Weston.

SECTION 9: PROCEDURE FOR OBTAINING PERMITS

A.) Applications for zoning permits must be submitted to the Zoning Inspector. Each application shall be accompanied by the permit fee herein after, provided together with a plat duplicate showing actual dimensions of the lot to be built on, the size, use, and location of existing buildings and the buildings to be constructed, showing setbacks and showing location and size of parking spaces and such other information as the Commission shall require.

The Zoning Inspector shall issue or reject the application according to the ordinance and shall so inform the applicant. The record of all applications, plats, and permits shall be kept at the Village Hall.

It shall be the duty of the Zoning Inspector, who shall be appointed by the Mayor with the concurrence of Village Council, to make inspections in connection with this ordinance before any construction shall be commenced. The Zoning Inspector shall inspect the site and make necessary measurements to see that construction is in accordance with the permit.

The Zoning Inspector shall be entitled to the sum of $10.00 for each permit issued, payable from the General Fund.

B.) Applications for variance permits shall also be submitted to the Commission. Such applications shall be accompanied by the variance permit fee herein after provided for, together with the information required for a regular Zoning Permit and such additional information as the Commission shall require.

The permit fee shall be the sum of $5.00, plus the sum of $2.00 per thousand dollars (or fraction thereof) of the total estimated cost of construction, to a maximum of $1,000 total, but in no event shall the fee be less than $20.00. The variance permit fee shall be an additional $35.00. All permit and variance fees shall go into the General Fund.

The Zoning Inspector shall be entitled to the sum of $10.00 for each variance application, payable from the General Fund.

The granting of a permit under this ordinance allows the construction or alteration of buildings or structures, and the modification of use as applied for in the permit, and according to the plans, plats, and specifications submitted with the application. Construction, alteration of buildings or structures, and modifications of use contrary to such plans, plats, or specifications shall constitute violation of this ordinance.

SECTION 10: PROCEDURE/REQUIREMENTS FOR APPEALS & VARIANCES

VIEW SECTION 210 (PDF)

SECTION 11: PROCEDURE FOR ORDINANCE AMENDMENT/DISTRICT CHANGE

(PDF VERSION OF SECTION 2011)

SECTION 12: APPEALS TO COURT

Any person or persons jointly or severally aggrieved by a decision of the Commission or Council may appeal the decision to the Court of Common Pleas of Wood County as provided by the Ohio Revised Code, Chapter 2506.

SECTION 13: ENFORCEMENT

1.) This ordinance shall be enforced and administered by the Zoning Inspector, who is hereby designated the enforcing officer of this ordinance. The enforcing officer will be appointed by the Mayor with the concurrence of Council. The enforcing officer may be removed from office for neglect of duty after a hearing before the Commission and Council. Such removal and filling of vacancy shall be made by resolution of the Village Council.

2.) To be eligible for appointment, the Zoning Inspector shall be well informed on the details of the Zoning Code and be able to read and interpret building plans and specifications, surveys, and other documents to the extent necessary to fulfill his duties and responsibilities of enforcement. He shall be physically capable of making the necessary examinations and inspections of the building site.

3.) It shall be the duty of the Zoning Inspector to enforce all laws related to the Zoning Code. It shall be the Zoning Inspector’s job to consider the construction, alteration, and/or repair of buildings and structures only as it relates to enforcement of the Zoning Code.

4.) The Zoning Inspector or a duly appointed assistant shall inspect all buildings or structures in the process of construction, as well as the installation on private property of all utilities and other facilities incident thereto, to see that the provisions of law relative to planning and zoning are complied with, to review the application to determine that all requirements are complied with, and to determine the legality of nonconforming uses.

5.) The Zoning Inspector shall keep careful and comprehensive records of applications, permits issued, inspections made, reports rendered, and notices or orders issued. A copy of the zoning permit shall be mailed to the chairman of the Planning Commission within one week of issuance.

6.) Neither the Zoning Inspector nor any person duly appointed as his assistant, when acting for the Village in discharge of his duties, shall be deemed to render himself personally liable, and he is hereby relieved of all personal liability for any damage that may accrue to persons or property as the result of any such acts performed in the discharge of his duties, except intentional tortuous conduct. Any suit brought against him because of any act performed by him in good faith or not constituting an intentional tort in the enforcement of any provision of this Zoning Code shall be defended by the Solicitor, and if judgment be awarded against him, he shall be indemnified and held harmless for all costs, including reasonable attorney fees for his defense.

SECTION 14: VALIDITY

Should a section, clause, or provision of this ordinance be declared by courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part declared to be invalid.

SECTION 15: REPEALER

All existing zoning ordinances and resolutions of the Village of Weston, Ohio are hereby repealed.

SECTION 16: VIOLATIONS AND PENALTIES

Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance or amendments thereto, or submits false plans, evidence, or testimony with intent thereby of obtaining any permit or privilege by trick or subterfuge shall be subjected to a fine of not less than $5.00 or more than $200.00 for such offense.

Each twenty-four (24) hour period that any violation of this ordinance continues to exist shall constitute and be a separate offense under the terms thereof.

SECTION 17: EFFECTIVE DATE

This ordinance shall take effect and be in full force and effect from and after the earliest period allowed by law.