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Canfield Township Zoning Resolution

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Canfield Township Zoning Resolution Mahoning County, Ohio Original Effective Date: October 13, 2015 Canfield Township Zoning Resolution | Table of Contents Table of Contents Article I – General Provisions Section 100 - Title Section 105 - Authorization and Purpose Section 110 – Application of Resolution Section 115 - Severability Section 120 - Interpretation Section 125 - Effect of Other Resolutions Section 130 - Repeal of Prior Resolutions Article II – Definitions Section 200 - Definitions Article III – Administration and Enforcement Section 300 - Zoning Inspector Section 305 - Zoning Commission Section 310 - Amendments to the Resolution / Changes of Zoning Section 315 - Board of Zoning Appeals Section 320 - Conditional Use Permits Section 322 - Variances Section 325 - Zoning Permits Section 330 - Temporary Permits Section 335 - Non-Conforming Lots of Record Section 340 - Non-Conforming Uses of Land Section 345 - Non-Conforming Structures Section 350 - Reversion of Non-Conforming Buildings and Uses Section 355 - Fees Section 360 - Complaints Section 365 - Violations and Penalties Section 370 - Actions Preventing Violation Article IV – Zoning Districts Section 400 - Districts Created Section 405 - District Boundaries Section 410 - Uses Permitted Section 415 – (AC) - Agricultural Conservation District Section 420 - (A) - Agricultural Residential District Section 425 - (R-1) – Single-Family Residential District Section 430 - (R-2) - Multi-Family Residential District Section 435 - (B-1) – Neighborhood Business District Section 440 – (B-2) – Office District Section 445 – (B) – General Business District Section 450 – (LI) – Light Industrial District Section 455 - (I) – Warehouse and Industrial District Section 460 - (SP) - Special District Section 465 - Planned Unit Development District October 13, 2015 Page | 2 Canfield Township Zoning Resolution | Table of Contents Article V – General Standards Section 500 - Off street Parking and Loading Section 505 – Signs and Advertising Devices Section 510 – Temporary Uses, Events, and Sales Section 515 – Accessory Uses and Structures Section 520 – Home Occupation Section 525 - Swimming Pools Section 530 - Fire Code Section 535 – Public Nuisance Regulations Section 540 - Strip Mining Section 545 - Oil and Gas Wells Section 550 – Telecommunications Towers Section 555 - Windmills and Anemometer Section 560 – Landscaping and Screening Section 565 – Permanence of Yards and Open Spaces Section 570 – Fences, Walls, Hedges, and Plantings Section 575 - Riparian Setbacks Section 580 - Sexually Oriented Business October 13, 2015 Page | 3 Canfield Township Zoning Resolution | Article I ARTICLE I – GENERAL PROVISIONS Section 100 – Title This Resolution shall be known as and may be referred to, or cited as, the Canfield Township Zoning Resolution, the Zoning Resolution, the Resolution, The Canfield Township Zoning Code, the Zoning Code, and/or the Code. Section 105 - Authorization and Purpose The Trustees of Canfield Township enact this Resolution for the purposes set forth and pursuant to the authority contained in chapter 519 of the Ohio Revised Code and all subsequent revisions thereto. Section 110 – Application of Resolution 110.01 – Conformance Required Except as otherwise provided herein, no Building (temporary or permanent) or part thereof shall be moved on the site, erected, converted, enlarged, reconstructed, or structurally altered, nor shall any Building or land be used or occupied, other than in strict conformance with all the Use and development regulations established by this Resolution for the district in which the Structure or land is located. All Buildings shall conform to state and local building codes in effect on the date that construction of the Structure or any Alteration thereto is commenced. Section 110.02 – Agriculture Nothing in this Resolution, shall confer upon the township the power to prohibit the Use of any land for Agricultural purposes or the construction or Use of Buildings or Structures incident to the Use for Agricultural purposes of the land on which such Buildings or Structures are located except as currently defined by Section 519.21 of the Ohio Revised Code, and any subsequent revisions thereto. Section 110.03 - Public Utilities Unless otherwise provided by the Revised Code of the State of Ohio, nothing in this Resolution shall prevent the Use of any Buildings, Structures or land for any railroad or public utility, whether publicly or privately owned, provided such Use is for the operation of the utility and the provision of service to the general public. Section 115 - Severability If for any reason any one or more articles, sections, sentences, clauses or parts of this Zoning Resolution shall be declared by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Zoning Resolution, but shall be confined in its operation to the specific sections, sentences, clauses, or parts of this Zoning Resolution held invalid, and the invalidity of any section, sentence, clause, or part of this Zoning Resolution in one or more instances shall not affect or prejudice in any way the validity of this Zoning Resolution in any other instance. October 13, 2015 Page | 4 Canfield Township Zoning Resolution | Article I Section 120 - Interpretation In their interpretation and application, the provisions of this Resolution shall be held to be the minimum requirements. Where this Resolution imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations, resolutions or restrictions, the provisions of this Resolution shall control; however, where the provisions of this Resolution are less restrictive, the more restrictive provision of other laws, rules, regulations, restrictions or resolutions shall control. The Zoning Commission and the Board of Township Trustees will, when appropriate, refer to all plans, master plans, studies, and treatises affecting the township area and may require inclusion of recommendations in plans or proposals as submitted or approved. Section 125 - Effect of Other Resolutions No provision in the Resolution shall be interpreted as superseding any greater restriction or regulation contained in any other resolution of Canfield Township or any deed or plat restriction. Section 130 – Repeal of Prior Resolutions The Zoning Resolution or parts thereof previously in effect in Canfield Township, Mahoning County, Ohio not otherwise adopted as part of this Amended Zoning Resolution, and in conflict with the Zoning Resolution as it was initially established, or established hereafter are hereby repealed. However, all civil legal proceedings and/or all prosecutions resulting from violation of any Zoning Resolution or part thereof heretofore in effect, which are now pending in any of the Courts of the State of Ohio or of the United States, shall not be abated or abandoned by reason of the adoption of any amendment to this Resolution but shall be prosecuted to their finality the same as if amendments to this Resolution had not been adopted; and any and all violations of existing zoning, resolutions, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Resolution shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending, and/or which may have heretofore been instituted or prosecuted. October 13, 2015 Page | 5 Canfield Township Zoning Resolution | Article II Article II – Definitions Section 200 – Definitions For the purpose of interpreting this resolution, the following definitions shall be controlling, and words in the present tense shall include the future; the singular shall include the plural; the plural shall include the singular; the word may is permissive and the word shall is always mandatory. 1. Abandon - To cease from actively using land or any premises for its intended Use for a time period greater than specified herein. 2. Accessory Structure, Non-Residential - A Structure or combination of Structures that: (1) are located on the same Lot, tract, or development parcel as the primary non-residential Building; (2) are clearly incidental to and customarily found in connection with the primary non-residential Building or Use; and (3) are subordinate to and serving the primary non-residential Building or Use. 3. Accessory Structure, Residential - A subordinate Structure detached from but located on the same Lot as a principal Residence. The Use of an Accessory Structure must be accessory to the Use of the principal Residence. Accessory Structures include, but are not limited to, Garages, decks, and Fences. 4. Accessory Use - A Use which: (1) is subordinate to and serves the principal Building or Use; (2) is subordinate in area, extent, and purpose to the principal Building or Use served; and (3) contributes to the comfort, convenience, or necessity of occupants of the principal Building or Use served. 5. Addition - Any construction that increases the size of a Building or Structure in terms of site coverage, height, length, width, or gross Floor Area. 6. Adult Entertainment - See ARTICLE V, SECTION 580. 7. Agriculture - Any Use as currently defined in the Ohio Revised Code Section 519.01 and subsequent changes thereto, including such Uses as farming, dairying, pasturage, animal and poultry husbandry, apiculture, horticulture, floriculture, viticulture, and the sale of Agriculture products when such sale is in conjunction
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