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Legislation
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ORDINANCE 2010-__
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Amendments
to Zoning Ordinance
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ORDINANCE 2003-14
AN ORDINANCE TO AMEND VARIOUS SECTIONS OF ORDINANCE I999-03, THE GAMBIER
ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions
should be made to Ordinance 1999-03, known as the Gambier Village
Zoning Ordinance, upon the recommendation of the Planning and Zoning
Commission and after public hearing upon said recommendations as required
by law, now therefore;
BE IT ORDAINED THAT
Section 1. At the appropriate place within the Definition Section
of the Code the following definition shall be added:
Caliper - The diameter of a tree 4 1/2 feet above ground on the uphill
side of the tree. If a tree forks below 4 1/2 feet above ground, each
trunk is treated as a separate tree.
Section 2. The amendment, deletion and modification of the definitions
already included in the Definition Section of the Code for Woodland;
Woodland, mature; and Woodland, young to read as follows:
Woodland. Either an area of planted material on one or more contiguous
lots or parcels of an individual landowner and/or related landowners,
that consists of 30% or more canopy trees having a sixteen (16) inch
or greater caliper measurement, or any grove consisting of eight (8)
or more trees having a ten (10) inch or greater caliper measurement
within a 5,000 square foot area, or an area that conforms to both.
Woodland, mature. Either an area of planted material on one or more
contiguous lots or parcels of an individual landowner and/or related
landowners, that consists of 30% or more canopy trees having a sixteen
(16) inch or greater caliper measurement, or any grove consisting
of eight (8) or more trees having an eighteen (18) inch or greater
caliper measurement within a five thousand (5,000) square foot area,
or an area that conforms to both.
Woodland, young. Either an area of planted material on one or more
contiguous lots or parcels of an individual landowner and/or related
landowners, that consists of 70% or more canopy trees having a 2 1/2
inch caliper measurement or greater, or a tree plantation for commercial
or conservation purposes where 70% or more of the canopy trees have
2 1/2 inch or greater caliper measurement within a 5,000 square foot
areas, or an area that conforms to both.
Section 3. Deletion of Section 12.7(D) and amendment of Section 12.7
(C) to read as follows:
C. Establishment of woodlands - The establishment of a woodland for
the purposes listed above shall conform to the following standards:
1. Only native specie trees and woodland shrubs shall be used.
2. The following plant material shall be provided per acre of woodland
to be established. Fractional requirements (resulting from fraction
of acres to be established) shall be rounded up to the nearest 0.01
acre.
PLANT MATERIALS REQUIRED PER ACRE
MINIMUM SIZE
10 canopy trees 2 ½ inch caliper
20 faster-growing canopy trees 1 inch caliper
30 slower-growing canopy trees 5 feet(height)
5 slower-growing canopy trees 4 inch caliper
10 understory trees 1 inch caliper
100 shrubs 2 feet(height)
3. All existing healthy trees shall be preserved to the maximum extent
possible; all development plans shall include and identify the location
of existing healthy trees.
4. All areas of newly established woodland shall be seeded as lawn
or prairie unless ground cover has already been established.
5. All plantings shall occur during the season appropriate for the
specific plant material within the calendar year following the improvement
of any site or parcel of lot.
Establishment of woodlands that are not required are encouraged to
follow these requirements but are not mandated to do so.
Section 4. The addition of the following sentence at the end of the
initial paragraph of Section 12.8 and prior to Subsection (A) thereof:
This section does not regulate plant standards for plantings that
are not otherwise required by this ordinance.
Section 5. Repealer: Simultaneously with the passage of this Ordinance,
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as above
stated.
Section 6. This Ordinance shall take effect and be in forced from
and after its passage and approval by the Mayor, or at the earliest
period allowed by law.
Passed this 7th day of July 2003
ORDINANCE 2004-06
AN ORDINANCE TO AMEND SECTION 14.1, DEFINITIONS, OF ORDINANCE 1999-03,
THE GAMBIER ZONING ORDINANCE
Whereas, the Village Council of Gambier has determined that revisions
should be made to Ordinance 1999-03, known as the Gambier Village
Zoning Ordinance, upon the recommendation of the Planning and Zoning
Commission and after public hearing upon said recommendations as required
by law, now therefore;
BE IT ORDAINED THAT
Section 1. At the appropriate place within Chapter 14 of the Code
the following shall be added:
F. Real estate signs do not require a permit and are not subject to
the thirty (30) day time limit for temporary signs. Real estate signs
must be removed within thirty (30) days of closing on the property.
Section 2. Repealer: Simultaneously with the passage of this Ordinance,
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as above
stated.
Section 3. This Ordinance shall take effect and be in forced from
and after its passage and approval by the Mayor, or at the earliest
period allowed by law.
Passed this 3rd day of May 2004.
ORDINANCE 2004-08
AN ORDINANCE TO AMEND CHAPTER 16 (BOARD OF ZONING APPEALS) OF THE
GAMBIER ZONING CODE, ORDINANCE 1999-03
WHEREAS, the Council of the Village of Gambier has determined that
revisions should be made to Ordinance 1999-03, known as the Gambier
Village Zoning Ordinance, upon the recommendation of the Planning
and Zoning Commission and after public hearing upon said recommendations
as required by law, now therefore,
BE IT ORDAINED THAT:
Section l:
Amend Section 16.211 to read: The Board shall conduct an organizational
meeting every January. Subsequent meetings shall be held at the call
of the Chairperson when business has been forwarded to the Board through
an appeal or otherwise. The Chairperson, or in his absence the Vice-Chairperson
or Secretary, may administer oaths and the Board may compel the attendance
of witnesses. All meetings of the Board of Zoning Appeals shall be
open to the public.
Amend Section 16.4, Hearings and Decisions, to read: The Board shall
fix a reasonable time for the hearing of the appeal and shall give
written notice of said hearing to the parties in interest, including
all property owners within five hundred (500) feet of the property
in question no less than fourteen (14) days in advance of the hearing.
At the hearing any party may appear in person or be represented by
an agent or attorney. The Board shall issue a decision upon the appeal
after stating its finding of fact, based upon the record and voting
on the action to be taken on the appeal. Such appeal shall be made
no more than forty-five (45) days after the appeals hearing. A written
copy of the Board's decision shall be mailed to all parties in interest
within forty-eight (48) hours of the announcement of the decision.
Such decision shall be binding on the Zoning Inspector and/or the
Planning and Zoning Commission, and shall incorporate the terms and
condition of the same in any further action by the Board.
Section 2, Repealer: Simultaneously with the passage of the Ordinance
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as stated
above.
Section 3. This Ordinance shall take effect and be in forced from
and after its passage and approval by the Mayor, or at the earliest
period allowed by law.
Passed this 2nd day of August, 2004
ORDINANCE 2004-14
AN ORDINANCE TO AMEND VARIOUS SECTIONS OF ORDINANCE 1999-03, GAMBIER
ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions
should be made to Ordinance 1999-03, known as the Gambier Village
Zoning Ordinance, upon the recommendation of the Planning and Zoning
Commission and after public hearing upon said recommendations as required
by law, now therefore;
BE IT ORDAINED THAT
Section 1: Section 17.3.C.1 will be amended to read:
Not more thin four lots will be created including any lots previously
created from the original tract and all the land in the original tract
and all the continuous land owned by the developer would be completely
subdivided: and
Section 2: Definition 3.71 - Original plat/tract, will be amended
to read:
The map or site plan of the land, which is intended to be subdivided,
as defined at the date of adoption of the amendment to this definition.
Date to be added
Section 3: Repealer: Simultaneously with the passage of this Ordinance,
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as above
stated.
Section 4: This Ordinance shall take effect and be in force from and
after its passage and approval by the Mayor, or at the earliest period
allowed by law.
Passed this 1st day of December, 2004
ORDINANCE 2004-12
AN ORDINANCE TO AMEND THE DEFINITIONS, CHAPTER 3, OF ORDINANCE 1999-03,
THE GAMBIER ZONING ORDINANCE
WHEREAS, the Council Village of Gambier has determined that revisions
should be made to Ordinance 1999-03, known as the Gambier Village
Zoning Ordinance, upon the recommendation of the Planning and Zoning
Commission and after public hearing upon said recommendations as required
by law, now therefore;
BE IT ORDAINED THAT
Section. 1: Definition; Driveway, shall be added as 3.35A to read:
Driveway: a road giving access from a public way to a building or
facilities on abutting grounds.
Section 2: Repealer: Simultaneously with the passage of this Ordinance,
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as above
stated.
Section 3: This Ordinance shall take effect and be in force from and
after its passage and approval by the Mayor, or at the earliest period
allowed by law.
Passed this 1st day of December, 2004
ORDINANCE 2005-15
AN ORDINANCE AMENDING ORDINANCE 1999-03 TO INCLUDE PLANNED UNIT DEVELOPMENT
PROVISIONS AS CHAPTER 18, AND TO RENUMBER EXISTING CHAPTERS 18, 19,
20, AND 21 AS CHAPTERS 19, 20, 21, AND 22 RESPECTIVELY.
WHEREAS, the Planning Commission of the Village of Gambier has recommended
to the Village Council that Planned Unit Development provisions be
included in the Village Zoning Ordinance; and,
WHEREAS, Village Council concurs that adding Planned Unit Development
provisions in the Village Zoning Ordinance would be in the best interests
of the Village;
NOW, THEREFORE, be it ordained by the Council of the Village of Gambier,
Knox County, Ohio that Ordinance 1999-03 be amended to include the
following provisions as Chapter 18, and to renumber existing Chapters
18. 19, 20. and 21 as Chapters 19, 20. 21, and 22, respectively.
CHAPTER 18 - PLANNED UNIT DEVELOPMENTS
18.01 CONFLICT.
Planned Unit Development Zoning Districts may be established by application
in accordance with the provisions of this chapter and the requirements
contained herein which shall take precedence over all other conflicting
regulations contained in the Zoning Ordinance.
18.02 PURPOSE AND INTENT.
The application of flexible and creative land use regulations to the
development of land is often difficult or impossible within traditional
zoning district standards. In order to permit the use of more flexible
land use regulations and to facilitate use of the most advantageous
techniques of land development, it is often necessary to establish
a Planned Unit Development District designation in which development
is in harmony with the general purpose and intent of this Ordinance.
The objective of a Planned Unit Development District is to encourage
ingenuity, imagination and design efforts on the part of builders,
architects, site planners and developers, to produce development that
is in keeping with overall land use intensity and open space objectives
of this Ordinance, while departing from the strict application of
the dimensional standards of the traditional Districts. Planned Unit
Development Districts are intended to allow design flexibility and
provide performance standards that may, in addition to the purposes
set forth in Chapter 1:
(a) Minimize adverse impacts of development on the environment by
preserving native vegetation, wetlands and protected animal species
to the greatest extent possible;
(b) Increase and promote the use of pedestrian paths, bicycle routes
and other non-vehicular modes of transportation;
(c) Result in a desirable environment with more benefits, amenities,
improved arrangement and design than would be possible through the
strict application of the minimum commitment to standards of a standard
zoning district;
(d) Provide for an efficient use of land, and public resources, resulting
in co-location of harmonious uses to share facilities and services
and a logical network of utilities and streets, thereby lowering public
and private development costs;
(e) Foster the safe. efficient and economic use of land, transportation,
public facilities and services;
(f) Encourage concentrated land use patterns which decrease the length
of automobile travel, and encourage pedestrian circulation between
land uses;
(g) Enhance the appearance of the land through preservation of natural
features, the provision of underground utilities, and the provision
of recreation areas and open space in excess of existing standards;
(h) Avoid the inappropriate development of lands and provide for adequate
drainage and reduction of flood damage;
(i) Ensure a rational and compatible relationship between residential
and non-residential uses for the mutual benefit of all,
(j) Provide an environment of stable character compatible with surrounding
areas; and
(k) Provide for innovations in land development.
18.03 DEFINITIONS.
(a) Planned Unit Development (PUD). A PUD means an area of land consisting
of no more than fifty contiguous acres in which one use or a variety
of uses may be accommodated in a pre-planned environment under more
flexible standards than those restrictions that would normally apply
under this Zoning Ordinance. A PUD must demonstrate benefits, such
as improved arrangement and design, that justify deviation from standard
development requirements included in the Zoning Ordinance. The process
in a PUD shall consist of a Preliminary Development Plan which shall
constitute the act of zoning; and a Final Development Plan which,
upon approval, shall consist of a detailed development plan for all,
a portion of the area, or subareas within the Preliminary Development
Plan.
(b) Subarea. A Subarea is a distinct area of land within a PUD. Each
Subarea shall designate acreage, land use, development standards,
architectural standards, landscape standards, thoroughfare Subarea
standards, conceptual road alignments, gross density and such other
standards as may be required by the Planning Commission and Council.
18.04 USES AND DESIGN STANDARDS.
(a) Uses. Within the PUD Zoning District, permitted uses shall include
all uses allowable under the Zoning Ordinance or a compatible combination
of any or all of these uses provided the proposed location of any
of the uses will not adversely affect adjacent property and/or public
health, safety and general welfare.
(b) Design Standards. The following design standards shall be maintained
within every PUD Zoning District:
1. Special attention should be given to designing a primary entrance
to any building that is both attractive and functional. Primary entrances
should be clearly visible from the street.
2. Buildings should promote and enhance a comfortable pedestrian scale
and orientation. Building elevations should be varied and articulated
to provide visual interest to pedestrians.
3. Exterior building materials and finishes should convey an impression
of durability and permanence. Materials such as brick. stone, and
wood are encouraged. Divided light windows are encouraged, and painted
and opaque glass, as well as glass block, are prohibited.
4. Wherever possible, buildings should incorporate covered porches
or arcades.
5. Building elevations facing a street or pedestrian thoroughfare
should be articulated with architectural features such as windows.
dormers, offsetting walls, alcoves. or bays. Undifferentiated blank
walls facing a street, pedestrian thoroughfare, or major parking area
should be avoided.
6. Roof forms must comply with the village's minimum standard for
pitch, with deep pitches preferred over shallow ones.
7. Preferred colors for exterior building finishes, exclusive of roofs,
include earth tones, pastels of earth tones, historic (e.g.. "Williamsburg")
colors, and the complete spectrum of grays and whites. High-intensity
primary colors. metallic finishes. and black are to be avoided, except
as accent elements.
8. All roof - and wall-mounted communications components (excluding
those necessary for reception of satellite signals) should be screened
from public view by walls. fences, or evergreen foliage. Any communal
garbage or recycling collection facilities should be treated likewise;
screening by chain-link fence, with or without inserts, is prohibited.
9. Buildings should be located to minimize the visibility of parking
areas to pedestrians and vehicular traffic. The overall impression
should be that architecture and landscape are the primary design elements.
Street side parking is prohibited.
10. A continuous pedestrian network of paved or graveled walks of
a minimum width consistent with Village Ordinances must be provided,
along with linkages to adjacent existing and planned pedestrian thoroughfares.
Paving may consist of scored concrete or modular materials. including
brick and stone; asphalt is prohibited as a paving material for this
purpose.
11. Building heights should help form a sense of street enclosure
but should not create a sheer wall out of proportion with other neighborhood
structures and with pedestrians.
12. Landscaping should include trees planted along at least the street
side of all pedestrian thoroughfares, with a minimum planting distance,
on center, of thirty feet and a maximum of seventy feet. A bench must
be provided at a minimum of every five hundred yards.
13. Grading of the site should be kept to a minimum to preserve the
natural features of the site; excessive recontouring of the land is
to be avoided. Likewise, efforts should be made to preserve mature
trees on the site.
14. Retaining walls, if necessary, must be designed as an integral
part of the landscape. They must be constructed of, or faced with.
attractive. durable materials such as brick or stone.
15. Fences must conform with village ordinances. Additionally, vinyl
fencing is prohibited.
18.05 GENERAL PROCEDURES.
Procedures and conditions set forth for determination of PUDs and
development(s) therein shall be strictly followed except when the
Planning Commission and Council have approved a written statement
submitted with the rezoning application, by the applicant clearly
showing that such procedures or conditions do not apply in the specific
case.
18.06 OWNERSHIP.
A PUD shall be in joint or common ownership or control at the time
the rezoning application is made for a PUD District, or where joint
or common ownership and/or control does not exist, each owner within
the Planned Unit Development shall sign the application for rezoning.
Any transfer of land within the Development resulting in ownership
within the development by two or more parties after an application
has been filed shall not alter the applicability of the regulations
contained herein. A Development Plan approved hereunder shall be binding
upon the applicant(s), their successors and assigns and shall limit
and control the issuance of validity of all Certificates of Zoning
approval.
18.07 PLAN CONTENTS.
(a) The following described contents shall be provided to secure approval
for PUD zoning. The basic process shall require
(1) Preliminary Development Plan.
(2) Final Development Plan.
(b) All plans shall be drawn to a scale suitable to the scope of the
project and acceptable to the Municipality as determined by the Zoning
Inspector. Ten (10) copies of each plan shall be submitted to the
Zoning Inspector, who shall accept such plans as Zoning Inspector,
and as agent for the Planning and Zoning Commission.
(1) Contents of Preliminary Development Plan. It is the intent of
these regulations that the Preliminary Development Plan indicates
the following in text and/or map form, as appropriate:
A. North point and scale
B. The location and size of areas of residential use, indicating dwelling
unit densities, dwelling unit types, the total number of dwelling
units for each density area, and the total number of dwelling units
in the development plan.
C. The size, location and use of nonresidential portions of the tract,
including usable open areas, parks, playgrounds, school sites and
other public areas and open spaces with the suggested ownership of
such areas.
D. The provision of water, sanitary sewer and surface drainage facilities,
including engineering feasibility studies or other evidence of reasonableness.
E. The traffic circulation patterns, including public and private
streets and parking areas, indicating their relationship to topography
and existing streets, or showing other evidence of reasonableness.
F. The schedule of site development, construction of structures and
associated facilities. Such schedule shall include the proposed use
or reuse of existing features such as topography, streets, easements
and natural areas.
G. The relationship of the development to existing and future land
use in the surrounding areas, the street system, community facilities,
services and other public improvements.
H. An affidavit of the applicant listing all property owners within
the 200 feet contiguous to, and directly across the street from, the
parcel(s) included in the Preliminary Development Plan and their addresses
as appearing on the Knox County Auditor's current tax list.
I. A written statement regarding the potential impact of the proposed
development on the student population of the local school district(s).
J. A brief narrative explaining how the project will benefit the Village,
and why a PUD is needed.
K. Any other additional information that in the opinion of the Planning
and Zoning Commission or Village staff is pertinent to the review
of the proposed plan.
(2) Contents of Final Development Plan. Following approval of the
Preliminary Development Plan, a Final Development Plan may be submitted
to the Planning and Zoning Commission for all or any part of the approved
Preliminary Development Plan provided that no details of any Final
Development Plans shall necessitate revision of portions of the approved
Preliminary Development Plan located outside of the area to be included
within boundaries of the Final Development Plan. If revision of any
portion of the Preliminary Development Plan is required, a revised
Preliminary Development Plan shall be approved by the Planning Commission
and all in accordance with the provisions of this Ordinance before
approval of the Final Development Plan. Council shall also be required
to approve any change to the Preliminary Development Plan and the
rezoning. Final Development Plans are intended to be detailed representations
of the total aspects of the approved Preliminary Development Plan.
Contents of the Final Development Plan shall include:
A. The boundaries of the property which is the subject of the Final
Development Plan with accurate distances and bearings from an established
monument on the project to the three nearest established street lines
or official monuments;
B. All municipal, corporation, township and county lines and section
lines traversing or immediately adjacent to the property which is
the subject of the Final Development Plan, and adjacent subdivision
boundaries within 200 feet of such property, accurately referenced
to the boundaries of the project by bearings and distances;
C. A bar scale, north point, legal description and total acreage of
the area which is the subject of the Final Development Plan;
D. Accurate location of all monuments, which shall be concrete six
inches by six inches by thirty inches with iron pipe cast in center,
one such monument to be placed at each corner and at each change of
direction of the boundary, at each street intersection and at the
beginning and end of curves on one side of the street;
E. A certificate by a surveyor registered in the State of Ohio that
the plan represents a survey made by him and that the monuments shown
actually exist and that all dimensional and geodetic details are correct;
F. Accurate outlines, dimensions and legal descriptions of any areas
to be dedicated or reserved for public use, with the purposes indicated
thereon, and of any area to be reserved by deed covenant for the common
use of all property owners, and the acreage of such reserved areas;
G. The lines of adjoining streets and alleys with their width and
names;
H. All lot lines and easements with their dimensions;
I. Radii, arcs, points of tangency, central angles for all curvilinear
streets, and radii for all rounded corners; which shall be designed
in such a manner as to allow free and easy access by fire engines
and other large emergency and road maintenance vehicles;
J. The dimensions and locations of proposed structures, buildings,
streets, parking areas, yards, playgrounds, school site, open spaces
and other public or private facilities;
K. A detailed statement of all uses proposed to be established indicated
in the areas to be occupied by each use and the anticipated density
of population and building intensity;
L. Detailed engineering plans for the provision of all streets and
utilities including provisions for off-site connections and facilities
necessary to serve the entire areas which are the subject of the Final
Development Plan;
M. Detailed engineering site grading plans including proposed finished
grades;
N. Proposed drainage facilities;
O. Detailed landscaping plans;
P. Architectural drawings demonstrating the design and character of
the proposed structures, buildings, uses and facilities and the physical
relationship of all elements;
Q. All proposed restrictions or reference made thereto and proper
acknowledgment of owners and/or holders of mortgages accepting such
restrictions;
R. Evidence that the applicant has sufficient control over the land
in question to initiate the proposed project within five years;
S. A certificate to the effect that the owner will dedicate to public
use all streets, sidewalks, parks and other lands intended for public
use, sewer systems, water systems, hydrants, and all other project
infrastructure, provided the same are acceptable to the Village of
Gambier;
T. A tabulation showing the exact area of each lot, reserve or other
parcel shown on the plan (other than streets and alleys), such areas
to be computed inclusive of and after the extension of lot or parcel
lines to the center lines of contiguous public ways, such as streets
and parking areas;
U. Approval of detailed water and sewer engineering plans by Knox
County Health Department and the Ohio EPA, including certification
that all permit-to-install (PTI) fees for the Ohio EPA shall be paid
by the developer;
V. Space for signature of the Planning Commission chair, vice chair
or designee and the date of Commission approval;
W. Location and character of all signs;
X. The proposed size, location, ownership and use of nonresidential
portions of the tract, including usable open areas, parks, playgrounds,
school sites, other public areas and open spaces, and the 'Methods
of access whereby all residents of the PUD can have ingress to and
egress from the aforesaid areas or portions of the tract whether such
areas have been previously established or will be established in the
future;
Y. An affidavit of the applicant listing all property owners within
the 200 feet, contiguous to, and directly across the street from the
parcel(s) included in the Final Development Plan and their addresses
as appearing on the Knox County Auditor's current tax list;
Z. A surety bond in favor of The Village of Gambier, Ohio, from a
company authorized to transact business in the State of Ohio, and
acceptable to the Village, and in an amount set by the Village in
consultation with its Engineers, conditioned on the faithful performance
of the Developer in completing all street, sewer, water, sidewalk,
and other infrastructure elements of the project;
AA. Any other additional information that in the opinion of the Planning
and Zoning Commission, Village Council, or Village staff is pertinent
to the review of the proposed plan.
18.08 BASIS OF PLAN APPROVAL.
The factors to be considered for approval of the Preliminary Development
Plan shall be:
(a) That the proposed development is consistent in all respects with
the purpose, intent and applicable standards of the Zoning Ordinance;
(b) That the proposed development advances the general welfare of
the Municipality;
(c) That the benefits, amenities, improved arrangement and design
of the proposed development justify the deviation from standard development
requirements included in the Zoning Ordinance;
(d) The various types of land or building that are proposed in the
project;
(e) Where applicable, the relationship of buildings and structures
to each other and to such other facilities as are appropriate with
regard to land area; proposed density of dwelling units may not violate
any contractual agreement contained in any utility contract then in
effect;
(f) Traffic and circulation systems within the proposed project as
well as its appropriateness to existing facilities in the surrounding
area;
(g) Building heights of all structures with regard to their visual
impact on adjacent facilities;
(h) Front, side and rear yard definitions and uses where they occur
at the development periphery;
(i) Area ratios and designation of the land surfaces to which they
apply;
(j) Spaces between buildings and open areas;
(k) Width of streets in the project;
(1) Setbacks from streets;
(m) Off-street parking and loading standards;
(n) The order in which development will likely proceed in complex,
multi-use, multi- phase developments;
(o) The potential impact of the proposed plan on the ability to provide
police and fire protection, sewer, water, and other village services,
and the impact on student population of the local school district(s);
18.9 PROCEDURE FOR APPROVAL OF A PUD.
The following procedures shall be used to secure approval of a PUD
and the appropriate changes of zoning resulting therefrom.
(a) Pre-Application Meetings and Documents
1. Pre-Application Meeting. The applicant is encouraged to meet informally
with the Village Zoning Inspector, to submit a Pre-Application Plan
for review and discussion prior to the formulation and submittal of
a Preliminary Development Plan. The Pre-Application Plan is conducted
for the applicant's benefit, at applicant's discretion, and its submission
does not constitute a formal review. With the submission of the Pre-Application
Plan, the applicant waives any rights to a formal approval until such
time as a Preliminary Development Plan is submitted for approval as
detailed in these provisions. Additionally, the applicant is encouraged
to meet with the Chief of the College Township Fire Department. The
Village Administrator and the Fire Chief shall review the plan to
ensure that all public roadways serving the PUD are designed in such
a manner as to allow free and easy access by fire engines and other
large emergency and road maintenance vehicles, and to ensure water
mains and fire hydrants are of sufficient size and quantity to efficiently
extinguish fires.
2. Existing resources and site analysis plan. The Zoning Inspector
shall review the pre-application plan submitted by the applicant,
and provide a preliminary determination as to whether the proposed
project is feasible given village resources, and whether the site
is suitable for the project being contemplated.
3. Site inspection by the Chair of the Planning and Zoning Commission,
the Zoning Inspector, and the applicant. After review by the Village
Zoning Inspector, the Applicant's Preliminary Development Plan shall
be forwarded to the Village Planning and Zoning Commission, which
shall schedule a date and time to inspect the project site with the
applicant.
4. Pre-sketch plan conference. After site inspection has been completed,
the Village Planning and Zoning Commission shall meet informally with
the applicant for review and discussion prior to submittal of a Preliminary
Development Plan. Notice of the conference shall be provided by the
Planning and Zoning Commission to all adjoining land owners by ordinary
mail at least ten (10) days prior to the conference.
5. Sketch Plan Overlay Sheet. After the pre-sketch plan conference.
and prior to submitting a Preliminary Development Plan, the Applicant
shall submit a Sketch Plan Overlay Sheet. roughly showing the boundaries
of the proposed project, and the areas designated therein. The Sketch
Plan Overlay Sheet shall be reviewed by the Village Planning and Zoning
Commission, and returned to the Applicant with comments relative to
the scope, layout, and feasibility of the project.
(b) Submission of Preliminary Development Plan
1. Applicant shall submit a Preliminary Development Plan in accordance
with Section 18.9(c)(1) below, with all of the information required
by Section 18.07 (b)(1) of this Ordinance. along with the required
filing. engineering, and legal fees.
2. The fee for filing a Preliminary Development Plan shall be Three
Hundred and 00/100 Dollars ($300.00). Additionally. applicant shall
pay such reasonable fees as may be required for the Preliminary Development
Plan to be reviewed by the Village's engineers and legal counsel.
Initial engineering and legal fees shall be estimated by the Zoning
Inspector, in consultation with the Village's engineers and legal
counsel. The estimated engineering and legal fees shall be based upon
the scope and complexity of the project, and shall be paid in advance
along with the filing fee. Additional engineering and legal fees shall
be assessed in direct proportion to the number of change orders ultimately
required for the preliminary development plan stage of the project.
Applicant shall pay such additional engineering and legal fees, based
on the Village's actual costs therefore. within thirty (30) days after
receipt of an invoice therefore.
(c) Review of Preliminary Development Plan
1. Ten (10) copies of the completed application and Preliminary Development
Plan shall be submitted to the Zoning Inspector at least ten (10)
days prior to the Planning and Zoning Commission's next scheduled
meeting. Failure to submit a complete application, as determined by
the Zoning Inspector, shall result in a refusal of acceptance.
2. The Zoning Inspector shall transmit the complete application package
to the Planning and Zoning Commission. and other parties as the Zoning
Inspector deems appropriate, for review and comment.
3. A public hearing by the Planning and Zoning Commission shall be
held not more than forty-five (45) days from the date of acceptance
of the application package. The procedure for notification of such
hearing shall be set forth in Section 20.3 of this Ordinance.
(d) Action by Planning Commission
1. Within thirty-five (35) days from the public hearing, The Planning
and Zoning Commission shall review the application for Preliminary
Development Plan and forward one of the following recommendations
to Village Council:
a. Recommend that the zoning amendment be granted as requested. with
rationale.
b. Recommend modification of zoning amendment, with rationale.
c. Recommend that the zoning amendment be denied, with rationale.
(e) Action by Village Council
1. Upon receipt of the recommendation by the Village Planning and
Zoning Commission, Village Council shall review and take action on
the application, following the procedures specified in Chapter 19
of this Ordinance. Following approval by Village Council, the subject
shall be considered as zoned PUD. The approval of that zoning shall
be conditioned on development of the tract being in conformance with
the Final Development Plan.
(f) Submission of Final Development Plan
1. Not later than twelve (12) months from the approval of the Preliminary
Development Plan. the developer shall submit a Final Development Plan
in accordance with Section 18.9(g)(1) below. The Final Development
Plan shall be in general conformance with the Preliminary Development
Plan. and shall include all information required by Section 18.07
(b)(1) of this Ordinance. At the time the Final Development Plan is
submitted, the developer shall also submit the required filing, engineering.
and legal fees. Failure to submit a Final Development Plan within
the specified time period shall render the approved Preliminary Development
Plan and the rezoning of the property null and void.
2. The fee for filing a Final Development Plan shall be Three Hundred
and 00/l00 Dollars ($300.00). Additionally, applicant shall pay such
reasonable fees as may be required for the Final Development Plan
to be reviewed by the Village's engineers and legal counsel. Initial
engineering and legal fees shall be estimated by the Zoning Inspector,
in consultation with the Village's engineers and legal counsel. The
estimated engineering and legal fees shall be based upon the scope
and complexity of the project, and shall be paid in advance along
with the filing fee. Additional engineering and legal fees shall be
assessed in direct proportion to the number of change orders ultimately
required for the final development plan stage of the project. Applicant
shall pay such additional engineering and legal fees, based on the
Village's actual costs therefore. within thirty (30) days after receipt
of an invoice therefore.
(g) Review of Final Development Plan
1. Ten (10) copies of the completed Final Development Plan shall be
submitted to the Zoning Inspector at least ten (10) days prior to
the Planning and Zoning Commission's next scheduled meeting.
2. The Zoning Inspector shall transmit the Final Development Plan
to,the Planning and Zoning Commission, and other parties as the Zoning
Inspector deems appropriate, for review and comment.
3. A public hearing by the Planning and Zoning Commission shall be
held not more than forty-five (45) days from the date of acceptance
of the Final Development Plan. The procedure for notification of such
hearing shall be set forth in Section 19.3 of this Ordinance.
(h) Action by Planning Commission
1. Within thirty-five (35) days from the public hearing, The Planning
and Zoning Commission shall approve, or approve with modification,
the Final Development Plan if it finds that said plan is in conformance
with the approved Preliminary Development Plan, and that no significant
constraints exist to construction of the project as planned. Thereupon,
the Commission chair, vice chair or designee shall affix his/her signature
and approval date thereto attesting to such approval. Following approval
of the Final Development Plan and the attestation of such action by
the Commission chair. vice chair or designee, the applicant shall
provide one Mylar copy of all plans as part of the Final Development
Plan for records of the Village.
(i) Council Approval Prior to Recording
1. A final subdivision plat prepared in accordance with applicable
requirements of the subdivision regulations for the area covered by
the Final Development Plan shall be prepared for Council approval
prior to appropriate recording.
(j) Amended Preliminary Development Plan.
1. At any time the applicant and/or his/her successors in title to
the property may submit an amended Preliminary Development Plan. In
such event the same procedures shall be followed as in the case of
an original Preliminary Development Plan and if approved such amended
Preliminary Development Plan shall in all respects be considered as
if it were the originally adopted Preliminary Development Plan.
(k) Expiration and Extension of Approval Period
1. The approval of the Final Development Plan shall be for a period
of not to exceed two (2) years. If no construction has begun within
two (2) years after approval is granted: the approved development
plan shall be null and void, and the land shall revert to the zoning
district in which it was located prior to the amendment. An extension
of this time limit may be approved if the Planning and Zoning Commission
finds that such extension is in the public interest.
(l) Option to Consolidate Preliminary Development Plan and Final Development
Plans
1. At Developer's option, with the consent of the Planning and Zoning
Commission, the developer may consolidate the procedures for submission
and approval of the Preliminary Development Plan and Final Development
Plan. In the event of such a consolidation, the Developer and the
Planning and Zoning Commission shall mutually agree upon plan content,
fees, and timelines.
18.10 RECORDING AND TRANSFER.
When a final plat is approved by Council, the owner shall file and
record the same in the Office of the County Recorder within three
months unless such time is, for good cause shown, extended by resolution
of Council. If not recorded within this time, the approval of Council
shall become null and void. If construction has not begun within two
years of approval of the Final Development Plan, all approvals and
permits shall be invalidated and canceled. Original tracings will
become the permanent record of the County Recorder. One copy of this
tracing, reproduced on Mylar, showing the date and place of recording,
shall be supplied by the owner to Council as local public records.
Such two year period may be extended by the Commission for good cause.
18.11 APPEAL.
If the Planning Commission disapproves the Final Development Plan
in a PUD application, the applicant shall have thirty (30) days in
which to file an appeal with the Council for review. Such appeal shall
be in writing, filed within thirty (30) days of the disapproval, and
shall be filed with the Village Administrator. Council shall hold
a hearing on the appeal within sixty days after it is filed, and shall
render a written decision with findings of fact and conclusions within
thirty days after the hearing is concluded.
EFFECTIVE DATE. This Ordinance shall take effect and be in force from
and after its passage and approval by the Mayor, or at the earliest
period allowable by law.
Passed this 5th day of December. 2005.
ORDINANCE 2006-09
AN ORDINANCE TO ABOLISH THE ZONING BOARD OF APPEALS, CHAPTER 16, OF
ORDINANCE 1999-03.
BE IT ORDAINED THAT:
Section 1: The Zoning Board of Appeals will be abolished.
Section 2: Ordinance 1999-03 is hereby amended to delete Chapter 16
in its entirety.
Passed this 7th Day of August, 2006
ORDINANCE 2006-14
An Ordinance Amending Ordinance 1999-03. This Ordinance shall amend
Section 4.14 A 8, maximum grass height. The maximum grass height for
an improved lot shall be 10 inches, and the maximum grass height for
an unimproved lot shall be 18 inches.
BE IT ORDAINED and enacted by the Council of the Village of Gambier,
State of Ohio as follows:
(A) Non landscaped vegetation shall be cleared from around each building,
and the maximum grass height on an improved lot shall be no more than
10 inches measured from the ground level at any point on the lot.
(B) The maximum grass height on an unimproved lot shall be no more
than 18 inches measured from the ground level at any point on the
lot.
Passed this 6th Day of November, 2006
ORDINANCE 2007-02
An Ordinance to amend Ordinance 1999-03, amend Appendix A, "Table
of Required Buffer Yard Plants," to correct the multiplier requirement
for all categorizes of buffer yard plants.
Be It Ordained and enacted by the Council of the Village of Gambier,
State of Ohio as follows:
Appendix A is amended as follows:
Between similar uses in the same district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
1 (one) canopy tree
2 (two) understory trees
3 (three) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply
requirements byl .4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply
requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or
wider, multiply requirements by 1.8 (one and eight tenths) (round)
Between dissimilar uses in the same district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
2 (two) canopy trees
4 (four) understory trees
6 (six) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply
requirements by 1.4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply
requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or
wider, multiply requirements by 1.8 (one and eight tenths) (round)
Between Business and any other district:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
5 (five) canopy trees
10 (ten) understory trees
15 (fifteen) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply
requirements by 1.6 (one and six tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply
requirements by 1.8 (one and eight tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or
wider, multiply requirements by 1.9 (one and nine tenths) (round)
Between all other districts besides Business:
Minimum required plant units per 100 feet of a 10-foot buffer yard:
3 (three) canopy trees
6 (six) understory trees
9 (nine) shrubs
If buffer yard is up to and including 15 (fifteen) feet wide, multiply
requirements by 1.4 (one and four tenths) (round)
If buffer yard is 16 (sixteen) to 20 (twenty) feet wide, multiply
requirements by 1.6 (one and six tenths) (round)
If buffer yard is 21 (twenty-one) to 25 (twenty-five) feet wide, or
wider, multiply requirements by 1.8 (one and eight tenths) (round)
Passed this 5th Day of February, 2007
ORDINANCE 2007-06
An Ordinance amending Ordinance 1999-03, zoning rules and regulations
for the Village of Gambier. 13.5 will be re-titled to add "accessory
buildings". Adding subsection C to 13.5. Subsection C will define
the number, size and set backs for "accessory buildings"
Whereas, it is necessary to regulate the number, size and set backs
for accessory buildings.
Now Therefore, Be it Ordained:
13.5shall read:
13.5 Residential, mobile homes, accessory buildings and manufactured
housing.
13.5 subsection (C) shall read:
There shall be permitted on any property within the Village of Gambier's
limits one (1) accessory building. An accessory building shall not
exceed 120 square feet and shall comply with all sideline and setback
requirements of the district in which the building is placed. Any
additional accessory buildings shall be considered a conditional use,
requiring notification of adjacent property owners and approval by
the Village Council.
Passed this 4th day of June, 2007
ORDINANCE 2008-01
AN ORDINANCE TO AMEND SECTION 15.5 C, REVIEW OF APPLICATIONS, OF ORDINANCE
1999-03
WHEREAS, the Council of the Village of Gambler has determined that
it is necessary to revise Ordinance 1999-03. Section 15.5 C. upon
recommendation of the Village Mayor, now therefore;
BE IT ORDAINED THAT,
SECTION 15.5 C At the appropriate place within Ordinance 1999-03 the
following shall be changed to read:
C. At the conclusion of the hearing or meeting upon the application,
it may take immediate action on the application, or it may delay action
for up to thirty-one (31) days. In the event immediate action is taken,
it shall verbally state its findings of facts and its decision. In
the event action is taken at a later date, it shall reduce its findings
of fact and its decision to writing. In all cases. its findings of
fact and decision shall be announced in a public meeting, and shall
be accurately reflected in the minutes of the meeting.
SECTION 15.5 C REPEALER: Simultaneously with the passage of the Ordinance.
this Ordinance shall amend or repeal any and all Ordinances or sections
of Ordinances that shall conflict with the modifications as above
stated.
EFFECTIVE DATE: This Ordinance shall take effect and be in force from
and after its passage and approval by the Mayor, or at the earliest
period allowable by law.
Passed this 7th day of January, 2008
ORDINANCE 2008-07
AN ORDINANCE AMENDING ORDINANCE 1999-03, TO RE-ZONE ONE BLOCK FROM
THE RESIDENTIAL DISTRICT TO MIXED-USE DISTRICT.
WHEREAS, the Council of the Village of Gambier has determined that
revisions should be made to Ordinance 1999-03, known as the Gambier
Village Zoning Ordinance, upon the recommendation of the Planning
and Zoning Commission and after public hearing upon said recommendations
as required by law, now therefore:
BE IT ORDAINED THAT
SECTION 1:
The block from the North side of Wiggin Street to the South side of
E, Brooklyn Street and from the West side of Acland Street to the
east side of Center Run shall be re-zoned from the Residential District
to the Mixed-use District.
SECTION 2 REPEALER:
Simultaneously with the passage of the Ordinance, this Ordinance shall
amend or repeal any and all Ordinances or sections of Ordinances that
shall conflict with the modifications as above stated.
EFFECTIVE DATE:
This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this 5th Day of May, 2008
ORDINANCE 2008-12
AN ORDINANCE TO AMEND SECTION 13.5C AND REFERENCE SECTION 5.2 CONDITIONAL USE IN THE RESIDENTIAL DISTRICT OF ORDINANCE 1999-03
WHEREAS, the Council of the Village of Gambier has determined that it is necessary to revise Ordinance 1999-03, Section 13.5 C and reference Section 5.2 , upon recommendation of the Village Mayor, now therefore;
BE IT ORDAINED THAT,
SECTION 13.5 C At the appropriate place within Ordinance 1999-03 the following shall be changed to read:
Definition: Yard Barn. An enclosed detached building, not to exceed 120 square feet in area, used for storage of lawn and garden equipment and supplies and for other purpose related to lawn and garden maintenance.
13.5 C.1 There shall be permitted on any property with the Village of Gambier's limits one (1) accessory building of the yard-barn type. Such a building, although distinct from a unattached garage or a secondary dwelling unit, shall likewise comply with all sideline and setback requirements of the district in which the building is placed. An accessory building of the yard-barn type may not exceed 120 square feet in area.
13.5 C.2 There shall be permitted on any property with the Village of Gambier's limits one (1) accessory building of the unattached-garage type. Such a building, although distinct from an accessory building of the yard-barn type or secondary dwelling unit, shall likewise comply with all sideline and setback requirements of the district in which the building is placed. An accessory building of the unattached-garage type may not exceed 600 square feet in area.
13.5 C.3 There shall be permitted on any property with the Village of Gambier's limits one (1) accessory building of the secondary-dwelling-unit type. Such a building, although distinct from an accessory building of the yard-barn type or the unattached-garage type, shall likewise comply with all sideline and setback requirements of the district in which the building is placed. An accessory building of the secondary-dwelling-unit type must be at least 450 square feet in area.
13.5 C.4 Any larger or additional accessory buildings shall be considered a conditional use, requiring notification of adjacent property owners and approval by the Village Planning and Zoning Commission.
SECTION 5.2 At the appropriate place within Ordinance 1999-03 the following shall be added to read:
Reference Section 13.5 C.
SECTION 13.5C REPEALER: Simultaneously with the passage of the Ordinance, this Ordinance shall amend or repeal any and all Ordinances or Sections of the Ordinance that shall conflict with the modifications as above stated.
EFFECTED DATE: This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowable by law.
Passed this 6th day of October, 2008
ORDINANCE 2008-13
AN ORDINANCE SETTING FORTH PROCEDURES AND CONSIDERATIONS FOR APPLICATIONS FOR ZONING VARIANCES.
WHEREAS, the Village Council has retained the power to grant or deny applications for variances to the Village Zoning Ordinance; and,
WHEREAS, the Village Council desires to set forth the procedures and considerations to be applied to applications for variances to the Village Zoning Ordinance;
NOW, THEREFORE, be it ordained by the Council of the Village of Gambier, Knox County, Ohio that the following procedures and considerations be applied to applications for variances to the Village Zoning Ordinance:
Section 1. Variance Definition. A variance is a modification of the strict terms of the zoning regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. The Village of Gambier differentiates between a use variance and an area variance, as more fully set forth below.
Section 2. Use Variance. A use variance allows a landowner to use existing property in a manner not permitted by the zoning ordinance and inconsistent with uses in the surrounding area. An example of a use variance is a commercial establishment, such as a nursery or garage, in a residential zone.
Section 2. Use Variance. A use variance allows a landowner to use existing property in a manner not permitted by the zoning ordinance and inconsistent with uses in the surrounding area. An example of a use variance is a commercial establishment, such as a nursery or garage, in a residential zone.
Use Variance Considerations. In order for a use variance to issue, an applicant must demonstrate that "unnecessary hardship" exists. An unnecessary hardship exists where the hardship is unique to a particular property, and where the uses permitted by the zoning ordinance are not "economically feasible." A demonstration that the property could be put to a more profitable use, standing alone, is insufficient to establish unnecessary hardship. Moreover, a person who purchases land with knowledge of the zoning restrictions is said to have created his own hardship and is not entitled to a use variance to relieve such a condition. This is commonly referred to as the "self-created" or "self-imposed" hardship rule.
Generally, a person who knowingly acquires property intending to use it in a manner prohibited by the existing zoning ordinance may not thereafter obtain a use variance based upon unnecessary hardship. The self-created hardship rule has been applied most frequently to persons who acquired land for a purpose outlawed by the zoning regulations. Verbalized in these terms, the self-imposed hardship rule militates only against those who acquire property intending to use the land for a prohibited purpose, speculating that the use variance would be available or might be obtained through affirmative efforts. By the same token, this approach spares the person who purchased with knowledge of the restrictions and conformed his use, but because of changed conditions on adjacent properties, suffers hardship independent of, and without regard to, any self-inflicted conditions.
Section 4. Area Variance. An area variance authorizes deviations from restrictions upon the construction and placement of buildings and other structures. Specifically, this device allows modification of area, yard, height, floor space, frontage, density, setback and similar restrictions. An example of an area variance is where a building is constructed with floor area in excess of the limit prescribed in the ordinance.
Area Variance Considerations. Area variances require only a demonstration that "practical difficulties" exist. The practical difficulties standard is a less stringent and more "nebulous" standard than the "unnecessary hardship" standard. To determine whether a property owner seeking an area variance has encountered practical difficulties in the use of his property, village council shall generally consider a list of seven nonexclusive factors: (1) whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; (2) whether the variance is substantial; (3) whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; (4) whether the variance would adversely affect the delivery of governmental services (e.g. water, sewer, garbage); (5) whether the property owner purchased with knowledge of the zoning restriction; (6) whether the property owner's predicament feasibly can be obviated through some method other than a variance; (7) whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
Unlike the unnecessary hardship standard, purchase with knowledge of the zoning restrictions is not determinative under the practical difficulties exercise. Rather, a consideration and balancing of all factors, including it, must be made. The reason for adopting the less stringent standard for area variances is that when the variance is one of area only, there is no change in the character of the zoned district and the neighborhood considerations are not as strong as in a use variance.
Section 6. Application. Any land owner desiring to apply for a variance to the Village Zoning Ordinance shall complete the Application for Variance to the Village Zoning Ordinance form annexed hereto, and shall tile it with the Village. An Application for Variance to the Village Zoning Ordinance shall be considered filed when it is delivered to the Zoning Inspector, Village Administrator, or Clerk/Treasurer Assistant, along with the required filing fee. As used herein, "land owner" shall include any person or entity under contract with the owner of record for the sale of the property, where such contract is contingent upon receipt of a variance for the property.
Section 7. Filing Fee. A filing fee of $50.00 shall be required for filing an Application for Variance to the Village Zoning Ordinance.
Section 8. Public Notice. Notice of an Application for Variance to the Village Zoning Ordinance shall be forwarded by ordinary mail to all property owners of record adjoining the lot or property, which is the subject of the application. Such notice shall be postmarked a minimum of ten (10) days prior to any hearing or action on such application by the Village Council. Further, such notice shall be posted at the Village Post Office at least seven (7) days prior to any hearing or action on any Application for Variance to the Village Zoning Ordinance. In order to facilitate the foregoing notice provisions and adequate community input, an Application for Variance to the Village Zoning Ordinance must be filed at least twenty-one (21) days prior to any regular or special meeting of the Village Council at which it is to be considered.
Section 9. Hearing and Consideration. The applicant, or the applicant's designee, shall appear at the hearing and give testimony in support of the application. In the event the applicant or applicant's designee fails to appear and give testimony at the hearing, it shall be conclusively presumed that the application has been withdrawn, and no action shall be taken. Any adjoining land owner, and any other person or entity owning real property in the Village of Gambier, Ohio, may appear and present testimony in favor of, or in opposition to, the application. All testimony shall be given under oath to be administered by the President of Council or the Mayor, and a verbatim transcript of the hearing shall be made.
At the conclusion of the hearing, the Village Council may vote to grant the variance, deny the variance, or continue the hearing for no more than forty-five (45) days to enable additional information to be received.
The motion to grant or deny the variance shall set forth the reasons for such action, making specific reference to the facts adduced at the hearing, the considerations set forth above, and any other relevant factors affecting the decision.
EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowable by law.
Passed This 3rd Day of November, 2008
ORDINANCE 2010-01
AN ORDINANCE AMENDING ORDINANCE 1999-03, TO RE-ZONE THE PROPERTY LOCATED AT 112 DUFF STREET FROM THE RESIDENTIAL DISTRICT "R" TO THE INSTITUTIONAL DISTRICT "I-1"
WHEREAS, The Council of the Village of Gambier has determined that revisions should be made to Ordinance 1999-03, known as the Gambier Village Zoning Ordinance, upon the recommendation of the Planning and Zoning Commission and after a Public Hearing upon said recommendations as required by law, now therefore;
BE IT ORDAINED THAT
SECTION 1:
The property located at 112 Duff Street, Parcel # 1400069000, knownas the Morgan Apartments, in Gambier, Ohio shall be re-zoned from the Residential District "R" to the Institutional District "I-l". This property was recently purchased by Kenyon College and will house students.
SECTION 2 REPEALER:
Simultaneously with the passage of the Ordinance, this Ordinance shall amend or repeal any and all Ordinances or sections of Ordinances that shall conflict with the modifications as above stated.
EFFECTIVE DATE:
This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Passed this 4th Day of January, 2010.
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