An Ordinance establishing Comprehensive Zoning Regulations for the Village of Wayne Lakes, Ohio, and providing for the Administration, Enforcement and Amendment thereof, in accordance with the provisions of Chapter 713, Ohio Revised Code,

Whereas, Chapter 713, Ohio Revised Code, empowers the municipalities to enact a Zoning Regulation and to provide for its administration, enforcement and amendment; and

Whereas, the Village Council deems it necessary for the purpose of promoting the health, safety and general welfare of the Village to enact such a Regulation; and

Whereas, the Council, pursuant to the provision of Chapter 713, Ohio Revised Code, has appointed a Planning Commission to recommend the boundaries of the various districts and appropriate regulations to be enforced therein; and

Whereas, the Planning Commission has divided the Village into Districts and has prepared regulations pertaining to such districts in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid the undue concentration of population; to facilitate the adequate provisions of transportation, water, sewer, school parks and other public requirements; and

Whereas, the Planning Commission and Village Council have given due public notice of hearings relating to zoning districts, regulations, restrictions and has held such public bearings; and

Whereas, all requirements of Chapter 713, Ohio Revised Code, have been met.

1.2 ENACTING CLAUSE

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF WAYNE LAKES, COUNTY OF DARKE, AND STATE OF OHIO, ALL THAT FOLLOWS HEREIN:

1.3 TITLE

This Ordinance shall be known and may be cited as the VILLAGE OF WAYNE LAKES Zoning Ordinance.

1.4 INTERPRETATION AND CORRELATION OF STANDARDS

In their interpretation and application, the provisions of this Zoning Regulation shall be held to minimum requirements. Whenever the requirements if the regulation very with the requirements of any other ordinances or resolutions, the most restrictive or that imposing the highest standards shall govern.

NOTE: The Village of Wayne Lakes Building code falls under the Darke County Building code. A village of Wayne Lakes Building permit does not preclude the need to acquire building permits and inspections by Darke county building authority.

(3). "Either ... or" indicates that the connected items conditions, provisions or events shall apply singly but not in combination.

(j). Terms not herein defined shall have the meaning assigned to them in Webster's unabridged dictionary.

ARTICLE 2 DEFINITIONS

2.1 DEFINITIONS (beginning with the letter "A")

2.1.1 ACCESS POINT

(A) A driveway, a local street, or collector street intersecting an arterial street;
(B) A driveway or a local street intersecting a collector street; or
(C) A driveway or a local street intersecting a local street.

2.1.2 ACCESSORY USE

Any purpose, for which a building, structure or a tract of land may be designed, arranged, intended, maintained or occupied which:

(A) Is customarily incidental and subordinate in area, extent or purpose to the principal building, structure or use which it serves, and

(B) Is located on the same zoning lot as the principal building, structure or use with the single exception of such accessory off-street parking facilities as are permitted to locate else-where than on the same zoning lot.

2.1.3 AGRICULTURE

The use of a tract of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and structures necessary for carrying out farming operations and the residence of the person who owns operates the farm and the family thereof; provided, however, such agricultural use shall not include the following uses: "

(A) The maintenance and operation of commercial greenhouses or hydroponic farms.

(B). Wholesale or retail sales as accessory use unless the same are specifically permitted by this Regulation.

(C) The feeding or sheltering of animals or poultry in penned enclosures within 3 feet of any residential zoning district, agriculture does not include the feeding of garbage to animals or the operation or maintenance of a feed lot.

2.1.4 ALLEY

A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

2.1.5 APARTMENT

A portion of a building consisting of a room or suite of rooms intended, designed, or used as a permanent residence by an individual or one family.

2.1.6 APARTMENT HOUSE

See DWELLINGS, MULTI-FAMILY

2.2 DEFINITIONS (beginning with the letter “B”)

2.2.1 BASEMENT

That portion of a building located partly underground but having more than one-half (1/2) of its clear floor-to-ceiling height below the average grade of the adjoining ground.

2.2.2 BOARD

The Board of Zoning Appeals of the Village of Wayne Lakes.

2.2.3 BUILDING

Any covered structure, either temporary or permanent, having a room. Supported by columns or walls and intended for the shelter or enclosure of persons, animals, chattels or moveable property of any kind.

2.2.4 BUILDING HEIGHT

The vertical distance from the average grade to the highest roof or to the deck line of a mansard roof; or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

2.25 BUILDING LINE

A line parallel to the street right-of-way at any story level of a building and representing the distance of which all or any part of the building is to be set back from said right-of-way.

DEFINITIONS (beginning with the letter “C”)

2.3.1 CAMPING/VACATION MOBILE UNIT

Any coach, cabin, house trailer, house car or other vehicle or structure intended for, designed for, and used for temporary human habitation or sleeping purposes, mounted upon wheels or supports, or supported and/ or capable of being moved by its own power or transported by another vehicle.

2.3.2 CANOPY (MARQUEE)

A roof-like structure, projecting from a building facade, open on (3) sides, serving the purpose of protecting pedestrians from rain, snow, sun, or hail.

2.3.3 COMMISSION

The Wayne Lakes Village Planning Commission of Darke County, Ohio.

Section 2.4 DEFINITIONS (beginning with the letter "D”)

2.4.1 DISTRICT

A portion of the territory of Wayne Lakes Village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Regulation

2.4.2 DWELLING

A building, or portion thereof, which is intended for, and used for residential purposes, but for the purposes of this ordinance, not include a hotel, motel, nursing home, tourist cabins, bed and breakfast establishments, dormitories, or military barracks.

2.4.3 DWELLING. ATTACHED, SINGLE-FAMILY

A building containing two (2) or more dwelling units, each of which has independent access to the outside of the building to ground level and which are attached to each other by party walls without openings.

2.4.4 DWELLING, DETACHED, SINGLE-FAMILY

A dwelling, standing by itself, and containing only (1) dwelling unit, but shall not include mobile homes.

DWELLING, TRAILER

See MOBILE HOME.

DWELLING, TWO-FAMILY

A building designed, arranged, or used for two (2) dwelling units.

DWELLING, MULTI-FAMILY

A building designed, arranged, or used for three (3) or more dwelling units.

DWELLING UNIT

A building, or portion thereof, providing exclusive housekeeping facilities for one (1) person or one (1) family.

SECTION 2.5 DEFINITIONS (begin with the letter "E")

2.5.1 EASEMENT

A right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines, and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage or access purposes.

2.5.2 ESSENTIAL SERVICE

The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by public utilities or County or other governmental agencies of underground or overhead gas, electrical, steam or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or County or other governmental agencies or for the public health and safety.

SECTION 2.6 DEFINITIONS (beginning with the letter "F")

2.6.1 FAMILY

Two (2) or more persons living in the same household who are related to each other by blood, marriage or adoption, but not including a group occupying a boarding house, lodging house or motel, fraternity or sorority.

2.6.2 FEED LOT

A facility whose primary purpose is to finish livestock under conditions of high density.

2.6.3 FENCE

A structure made of wire, wood, metal, masonry, or other material, including hedges erected to enclose or screen areas of land.

2.6.4 FLOOR AREA (gross)

The sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Floor area shall include the area of basements when use for residential or commercial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating floor area, the following shall not be included.

(A). Attic space providing structural head room of less than seven (7) feet, six (6) inches.

(B). Uncovered steps.

(C). Terraces, breezeways and open porches.

(D). Automobile parking space in a basement or private garage.

SECTION 2.7 DEFINITIONS (begin with the letter "G")

2.7.1 GARAGE, PRIVATE

A building used for the storage of motor vehicles and clearly accessory to the principal permitted use.

2.7.2 GARBAGE

Garbage shall be interpreted to mean all putrescible wastes including vegetable, animal offal and carcasses of small dead animals; but does not include human excreta, sewage and other water carried wastes.

2.7.3 GRADE

The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

SECTION 2.8 DEFINITIONS (begin with the letter “H”)

2.8.1 HOME OCCUPATION

An occupation conducted in a dwelling unit, provided that:

(A) Only one person other than members of the family residing on the premises shall be engaged in such occupation.

(B) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

(C) There shall be no change in the outside appearance of building or premises or other visible evidence of the conduct of such home occupation other than for one name plate sign, not exceeding two (2) square feet in area and non-illuminated.

(D) No home occupation shall be conducted in any accessory building.

(E) No traffic shall be generated by such home occupation in a greater volume than would normally be expected in a residential neighborhood.

(F) No equipment or process shall be used in such home occupation which creates noise, fumes, vibrations, glares, odors or electrical interference detectable to the normal senses at or beyond the lot line.

SECTION 2.9 DEFINITIONS (beginning with the letter “I”)

SECTION 2.10 DEFINITIONS (beginning with the letter “J”)

2.10.1 JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled or wrecked automobiles or parts thereof; iron, steel and other old or scrap ferrous or non-ferrous materials which are not held for sale or re-melting purposes by an establishment having facilities for processing such materials.

2.10.2 JUNK YARD

An establishment or place of business (other than an establishment having facilities for processing iron, steel or non-ferrous scrap and whose principal product is scrap iron and steel or non-ferrous scrap for re-melting purposes), which is maintained or operated for the use of storing, keeping, buying, or selling junk; or for the maintenance or operation of an automobile graveyard, except an establishment or place where automobile, wrecked or otherwise, are held or impounded for a period not to exceed ninety (90) days exclusively for storage, repair or resale without alteration. Any site on which are kept one or more inoperative or unlicensed vehicles shall be considered a junk yard.

SECTION 2.11 DEFINITION (beginning with the letter “K”)

2.11.1 KENNEL OR ANIMAL SHELTER

Any structure or runway in which dogs or other small animals are kept for compensation or sale.

SECTION 2.12 DEFINITIONS (beginning with the letter “L”)

2.11.2 LEGISLATIVE BODY

The Village of Wayne Lakes, Darke County.

2.12.2 LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, including all open spaces required by this Zoning Resolution. The word" lot" includes the words" plot" or " parcel”.

(A) Corner – A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, and in either case forming an interior angle of one hundred thirty five (135) degrees or less.

(B) Double Frontage – Through Lot. A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

2.12.3 LOT AREA

The computed area contained within the lot lines.

2.12.4 LOT COVERAGE

That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eases.

2.12.5 LOT FRONTAGE

The distance between the side lot lines, measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth.

2.12.6 LOT LINES

(A) Front – A street right of way line forming the boundary of a lot. On the corner lot, the street right of way line with the least amount of street frontage shall be the front lot line.

(B) Rear - The lot line that is most distant from, and is, or is most nearly parallel to, the front lot line. If a rear lot line is less than fifteen (15) feet long, or, if the lot comes to a point at the rear, the rear lot line shall be a line as least fifteen (15) feet long, lying wholly within the lot, parallel to the front lot line.

(C) Side - A lot line which is neither a front lot line nor a rear lot line. On a comer lot, the street right of way lines with the greatest amount of street frontage shall be a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

2.12.7 LOT OF RECORD

A lot which is part of a subdivision, the plot of which has been recorded in the Office of the Recorder of Darke County; or a parcel of land, the deed to which was of record as of the effective date of the Zoning Regulation.

SECTION 2.13 DEFINITIONS (beginning with the letter”M”)

2.13.1 MANUFACTURING

The assembling, altering, converting, fabricating, finishing, processing or treatment of a product.

2.13.2 MOBILE HOME – SEE TRAILER (HOUSE)

Housing which is manufactured off-site, often mass-produced, and designed so that sections are interchangeable. For purposes of this ordinance, this definition shall not include mobile homes.

SECTION 2.14 DEFINITIONS (beginning with the letter "N")

2.14.1 NONCONFORMING USE OF BUILDINGS AND LAND

The lawful use of any dwelling, building or structure and of any land or premises, as existing and lawful at the time of enactment of a Zoning Regulation or Amendment thereof, may be continued, although such use does not conform with the provisions of such Regulation or Amendment. If any such nonconforming use is voluntarily discontinued for two (2) years Or more, any future use of such land shall be in conformity with Sections 713.06 to 713.15 inclusive, of the Revised Code.

2.14.2 NOXIOUS MATTER OR MATERIALS

Matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals as determined by the appropriate health department.

2.14.3 NURSERY OR CHILD CARE CENTER

A building used for the commercial care of three (3) or more children, not members or wards of the family.

2.14.4 NURSING HOME, REST HOME OR CONVALESCENT HOME

A place, residence or home used for the boarding and care, for a consideration, of not less than three (3) persons, not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others.

SECTION 2.15 DEFINITIONS (beginning with the letter "0")

2.15.1 OCTAVE BAND

A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

2.15.2 OCTAVE BAND FILTER

An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.

2.15.3 ODOROUS MATTER

Any matter or material that yields an odor which is offensive in any way to a person with reasonable sensitivity .

SECTION 2.16 DEFINITIONS (beginning with the letter “P”)

2.16.1 PARKING AREA - OFF-STREET

An open, surfaced area, other than the right-of-way of a street, or alley, or a 10 foot by 20 foot hard surface for the temporary parking of motor vehicles.

2.16.2 PARTICULATE MATTER

Any material, except uncombined water, which exists in a finely divided, suspended form as a liquid or solid at standard conditions.

SECTION 2.17 DEFINITIONS (beginning with the letter “Q“)

SECTION 2.18 DEFINITIONS (beginning with the letter “R”)

2.18.1 RIGHT OF WAY

A general term denoting land, property, or interest therein, usually in a strip and dedicated or devoted to such use as a street, alley, or railroad.

2.18.2 REFUSE

Refuse shall mean combustible and non-combustible waste materials, except garbage, rubber, leather, tree branches, tin cans, metals, mineral matter and dust.

2.18.3 ROADSIDE STAND

A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such stand is located.

SECTION 2.19 DEFINITIONS (beginning with the letter "S")

2.19.1 SETBACK - SEE BUILDING LINE, SUBSECTION 2.2.5

2.19.2 SIGN

Any combination of letters, pictures, characters, or other display used to identify or direct attention to some activity or direction.

2.19.3 SIGN, ADVERTISING

Any sign which directs attention to a business, commodity, service, or entertainment which is conducted, sold, or offered:

(A) Elsewhere than upon the premises where such sign is located or to which it is affixed; or

(B) As a minor and incidental activity upon the premises where the sign is located.

2.19.4 SIGN, ANIMATED

Any sign having an intermittent variation in the illumination or physical position of any part of the sign.

2.19.5 SIGN, AWNING, CANOPY, OR MARQUEE

Any sign which is painted, stamped, perforated, or stitched, or otherwise applied on the valance of an awning.

2.19.6 SIGN, BUSINESS

Any sign which directs attention to a business, profession, industry, to types of products sold, manufactured, or assembled, and/or to service or entertainment offered upon said premises and located upon the premises where such sign is located.

2.19.7 SIGN, FLASHING

Any sign having an intermitted variation in the illumination of the sign.

2.19.8 SIGN, FLAT

Any sign which is attached directly, in a rigid manner, and parallel to the building facade.

2.19.9 SIGN, GROSS AREA OF

The entire area within a single continuous perimeter enclosing the limits of a sign. However such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display.

2.19.10 SIGN, GROUND

Any sign erected constructed, or maintained directly upon the ground or upon uprights or braces placed in the ground, with a maximum permitted ground clearance of three (3) feet.

2.19.11 SIGN, IDENTIFICATION

Any sign used to identify: the name of the individual, family organization, or enterprise occupying the premises; the profession of the occupant; or the name of the building on which the sign is located.

2.19.12 SIGN, INDIVIDUAL LETTER

Letters and/ or numbers individual fashioned from metal, glass, plastic or other materials and attached directly to the facade of a building.

2.19.13 SIGN, POLE

Any sign affixed to a freestanding supporting pole or poles embedded in, and extending upward from the ground with a ground clearance exceeding three (3) feet.

2.19.14 SIGN, PORTABLE

Any sign that is not permanently affixed to a building, other unmovable structure, or the ground.

2.19.15 SIGN, PROJECTING

Any sign projecting from the face of a building and securely attached to the building by bolts, anchors, chains, guys, or to posts, poles, or angle irons attached directly to the building.

2.19.16 SIGN, WINDOWS

Any sign which is attached to a window of a building, but shall not extend past the limits of said window. For the purpose of Article XIV, SIGN REGULATIONS, the word "window" shall be construed to mean any glass which comprises part of the surface of the wall regardless of its mobility.

2.19.17 SIGN, UTILTIY LINES

No ground sign shall be erected within six feet (6') of any Line conductors, service drops or power lines.

2.19.18 SIGN, PROPERTY LINE

No portion of ground sign shall be closer than eighteen inches (18") from the property line.

2.19.19 SIGN, LIMITED NUMBER

One ground sign is permitted for one street-frontage, regardless of the number of lots upon which the street fronts.

2.19.19a SPECIAL USE

See Section 12.0.1

2.19.20 STREET

An improved public right-of-way which provides a public means of access to abutting property and was developed prior to the enactment of this Regulation and provided that such street has been accepted by the Village, Township or County of Darke'

2.19.21 STRUCTURE

Anything constructed, except pavement, docks or piers, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including buildings and signs.

2.19.22 SWIMMING POOL

Any structure or device of any kind that is intended for swimming purposes, including but not limited to: any pool or tank of any material or type of construction; any depression or excavation in any natural or constructed material; any dike or berm of any material or type of construction; including all appurtenance to such structure or device and all appliances used in connection therewith; which structure or device is intended to cause, or would cause, if completely filled, the retaining of water to a greater depth than eighteen (18) inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term "structure" as used in this Ordinance.

Swimming pools shall be deemed to consist of the following classes:

(A) Private: when consisting of an accessory structure appurtenant to a one-family or two-family dwelling and used only as such by persons residing on the same lot and their private guests.

(B) Semi-public: when consisting of an accessory structure appurtenant to a multiple-dwelling, hotel, motel, church, school, club, etc., and used only as such by persons who reside or are housed on the same lot or who are regular members of such organizations.

(D) Commercial: a swimming pool operated for profit, open to the public upon payment for a fee.

2.19.23 SWIMMING POOL INGROUND

A swimming pool of which the depth below the surrounding grade exceeds that depth extending above grade, provided also that the maximum elevation of the pool shall not exceed average of eighteen (18) inches above the ground level.

SECTION 2.20 DEFINITIONS (beginning with the letter “T”)

2.20.1 TAVERN

A building, or portion thereof, used by an establishment whose primary business is selling alcoholic beverages by the drink for consumption on the premises.

2.20.2 THOROUGHFARE PLAN

The Official Thoroughfare Plan of, and when adopted by Darke County, establishing the location and official right-of-way widths of principal highways and streets in the County to be filed in the Office of the Recorder, together with all amendments thereto subsequently adopted.

2.20.3 TRAILER

(A) House Trailer or Mobile Home - Any self-propelled or non-self-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation; whether resting on wheels, jacks or other foundation and use or so constructed as to permit its use as a conveyance upon the public streets or highways.

(B) Travel Trailer - A vehicular portable structure built on a chassis and not exceeding a gross weight of four thousand five hundred (4,500) pounds when factory equipped for the road or an overall length of (30) feet and designed to be used as a temporary dwelling for travel, recreation and vacation uses.

SECTION 2.21 DEFINITIONS (beginning with the letter “U”)

2.21.1 USE, PERMITTED

A use which may be lawfully established in a particular zone, provided it conforms with all requirements of such zone.

SECTION 2.22 DEFINITIONS (beginning with the letter "V")

2.22.1 VARIANCE

A relaxation of the terms of the Zoning Ordinance where such a relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

2.22.2 VILLAGE

The Village of Wayne Lakes, Ohio

SECTIONS 2.23 DEFINITIONS (beginning with the letter "W")

SECTIONS 2.24 DEFINITIONS (beginning with the letter "X")

SECTION 2.25 DEFINITIONS ( beginning with the letter "Y")

2.25.1 YARD, FRONT

(A) Front Yard - An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified.

(B) Front Yard (least depth) - The shortest distance, measured horizontally, between any part of the building and the front lot line.

(C) Front Yard (least depth, how measured) - Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts.

2.25.2 YARD, REAR

(A) Rear Yard - An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified.

(B) Rear Yard (least depth) - The average distance measured horizontally between any part of a building and the nearest rear lot line.

2.25.3 YARD, SIDE

(A) Side Yard - An open space extending from the front yard to the rear yard between a building and the nearest side lot line unoccupied and unobstructed from the ground upward except as hereinafter excepted, and the nearest side lot line.

(B) Side Yard (least width) - The shortest distance, measured horizontally, between any part of a building, other than such parts here in after excepted, and the nearest side lot line.

(C) Side Yard (least width, how measured) - Such width shall be measured from the nearest side lot line. On a corner lot when the side lot line is a side street lot line, the required side yard shall be the same as the required front yard of the lot adjacent thereto.

SECTION 2.26 DEFINITIONS (beginning with the letter “Z”)

2.26.1 ZONING CERTIFICATE

That document signed by the Zoning Inspector or his authorized agent which certifies that the use to be made of a particular property is a permissible use according to the terms of this Zoning Regulation.

2.26.2 ZONING INSPECTOR

The Zoning Inspector (Administrative Officer) or his authorized representative, appointed by the Village Council.

2.26.3 ZONING MAP

The Zoning Map or Maps of Wayne Lakes or portion thereof together with all amendments thereto subsequently adopted.

ARTICLE 3 ZONING DISTRICTS, BOUNDARIES AND MAPS

SECTION 3.1 DISTRICTS ESTABLISHED

The area of Wayne Lakes. Darke County. Ohio, zoned under Section 713.06 seq., of the Revised Code of the State of Ohio, shall be and is hereby divided into the following districts:

“R” Single-Family Residential District

"B" Neighborhood Business District

“SU” Special Use District

SECTION 3.2 BOUNDARIES

3.2.1 INCORPORATION

The boundaries of these districts are hereby established as shown on the Zoning Map of the area of Wayne Lakes in Darke County. Ohio, which map is 'hereby made a part of this Regulation. Said "Zoning Map" and all notations and references shown thereon shall be and are hereby made part of this Regulation. Said "Zoning Map” properly attested shall be and remain on file in the Office of the Village Zoning Inspector.

3.2.2 AREA SHOWN ON MAP

It is the intent of this Zoning Regulation that the entire area under the jurisdiction of Wayne Lakes Zoning, including all land, water areas, rivers, streets, alleys, railroads and other rights-of-way, be included in the districts established by this Regulation.

3.2.3 RULES OF INTERPRETATION

In the event uncertainty exists with respect to the intended boundaries of the various districts as shown on the Official Zoning Maps, the following rules shall apply:

(A) Where the designation of a boundary line on the Zoning Maps coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

(B) Where the district boundaries do not coincide with the location of streets or alleys but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(C) Where the district boundaries do not coincide with the location of streets, alleys or tot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning Maps.

(D) All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way.

(E) Where the centerline of a street, alley, public way, waterway or railroad right-of-Way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(F) All roads existing are considered to be the as is location. All referenced to set back from center of road are to be as such and no variance due to property lines.

(G) A 15 foot fishing easement surrounds all lakes except part of Iroquois. Must use public access to reach easement. Use of private property requires permission by owner to reach the easement.

ARTICLE 4 “R” SINGLE-FAMILY RESIDENTAL DISTRICT

SECTION 4.0 INTENT

The intent of the "R" Single-Family Residential District is to provide for an environment of predominantly low density, single-family detached dwellings along with other residentially related facilities which serve the residents in the district.

SECTION 4.1 PRINCIPAL PERMITTED USES

(A) One family detached dwellings per lot.

(B) Places of worship.

SECTION 4.2 CONDITIONAL USE

The following conditional uses are subject to approval in accordance with Article 9, Section 9.6.
(A) Private, noncommercial swimming pools, tennis courts and accessory uses.
(B) Utility, public service and municipal buildings that do not require outdoor storage of materials or vehicles.

SECTION 4.3 ACCESSORY USES

(A) Accessory Uses, building or other structures customarily incidental to any aforesaid permitted use, including garages; provided that such accessory uses shall not involve the conduct of any business, trade or industry, or any private way or walk giving access to such activity.
(B) Home Occupation as defined in Article 2, Section 2.8.1.
(C) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

SECTION 4.4 DEVELOPMENT STANDARDS

The following standards for arrangement and development of land and buildings are required in the "R" Residential District:

4.4.1 HEIGHT REGULATIONS

No structure shall exceed forty (40) feet in height.

4.4.2 YARD AND FLOOR AREA REQUIREMENT

(A) Front yard dept: 35 feet.
(B) Side yard – least width: 10 feet.
(C) Minimum floor living area per unit (not including garage): 1000 square feet.

4.4.3 PARKING

Two (2) spaces per dwelling unit.

4.4.4 FENCE

Requires a permit and must be 15 feet from center of road.

ARTICLE 5 “B” BUSINESS DISTRICT

SECTION 5.0 INTENT

This district has been established to provide for relatively small business and service establishments.

SECTION 5.1 PRINCIPAL PERMITED USES

(A) Grocery and delicatessens stores

(B) Bake goods shop, retail only.

(D) Candy and ice cream stores.

(E) Drug stores.

(F) Pick up station for dry cleaning and laundry.

(G) Dry cleaning and Laundromats of the self serve type.

(H) Single family residences.

SECTION 5.2 ACCESSORY USES

(A) Accessory uses, buildings or other structures customarily incidental to any of the foregoing permitted uses.

(B) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

SECTION 5.3 REQUIRED CONDITIONS

No zoning certificate shall be issued for a "B" use, until the applicant shall have certified to the Zoning Inspector that:

(A) The business activity shall be conducted wholly within a completely enclosed building.

(B) All business shall be of retail or service character.

(C) No manufacturing, processing, packaging, repair or treatment of goods shall be carried on, except when incidental or accessory to the performance of services or the sale of goods to the public on the premises.

(D) Where the property lines separate a Business District from a Residential District, a visual and mechanical barrier, a minimum of six (6) feet in height, shall be provided along the common lot line.

(E) There shall be no noise from any operation conducted on the premises, either continuous or intermittent, which can be detected without the use of instruments at or beyond the lot lines.

(F) No emission of toxic or noxious matter, which is injurious to human health, comfort or enjoyment of life and property or to animal or plant life, shall be permitted. Where such emissions could be produced as a result of accident or equipment malfunction, adequate safeguards considered suitable for safe operation in the business involved shall be taken.

(G) The emission of smoke or other air pollutants shall not violate the standards and regulations of the Darke County Health Department. Dust and other types of air pollutions borne by the wind shall be kept to a minimum by appropriate landscaping, paving or other acceptable means.

(H) There will be no emission of odors or odor causing substances which can be detected without the use of instruments at or beyond the lot lines.

(I) No outside incinerators shall be permitted.

Failure to comply with any of the Required Conditions by property owners or users will be considered a zoning violation appropriate for prosecution under the terms of this Resolution.

SECTION 5.4 DEVELOPMENT STANDARDS

The following standards for arrangement and development of land and buildings are required in the "B" Business District.

5.4.1 HEIGHT REGULATIONS

No structure shall exceed forty (40) feet in height.

5.4.2 LOT FRONTAGE AND YARD REQUIREMENTS

(A) Lot frontage: 60 feet minimum.

(B) Front yard depth: 35 feet.

5.4.3 PARKING

Must provide off street parking.

ARTICLE 6 EXISTING AND NONCONFORMING USES

SECTION 6.1 CONFORMANCE REQUIRE

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the Darke County Board of Health and the regulations herein specified for the district in which it is located.

SECTION 6.2 NONCONFORMING VACANT LOTS.

6.2.1 NONCONFORMING VCACANT LOTS IN RESIDENTIAL DISTRICT

In any district in which single-family dwellings are permitted, a single-family dwelling may be erected on any single lot of record as of the effective date of adoption or amendment of this Regulation.

Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the yard area and setback requirements, in which case the following regulations shall apply:

(A) The sum of side yards on any such lot of record shall be at least twenty-five (25) percent of the lot width, and in no case shall either side yard be less than ten (10) percent of the lot width.

(B) Both the front and rear yard depths shall be a minimum of twenty (20) percent each of the lot depth.

6.2.2 NONCONFORMING VACANT LOTS IN BUSINESS DISTRICTS

A building designed for any permitted use in such district may be erected on any lot of official record as of the effective date of the Zoning Regulation. Such building shall comply with all regulations applicable in the district in which the lot in question is located.

SECTION 6.3 NONCONFORMING STRUCTURES

6.3.1 CONTINUATION

Any structure which is devoted to a use which is permitted in the zoning district in which it is located on a lot which does not comply with the applicable lot size requirements and/or development standards may be continued, so long as it remains otherwise lawful, subject to the restrictions of 6.3.2 through 6.3.3. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing conforming use of land, not involving a structure, may be continued, so long as otherwise lawful, subject to the restrictions of the restrictions of 6.3.2 through 6.3.8.

6.3.2 REPAIR AND MAINTENANCE

(A). Work may be done on ordinary maintenance and repairs or on repair or replacement of walls, fixtures, wiring or plumbing; provided, however, that this paragraph (A) shall not be deemed to authorize any violation of 6.3.3 through 6.3.8.

(B). Nothing in this Regulation shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of 6.3.4 of this section) in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.

6.3.3 EXTENSION AND ENLARGEMENT

The Board of Zoning Appeals may permit a nonconforming building or structure to be extended, expanded, enlarged or increased in intensity.

6.3.4 DAMAGE OR DESTRUCTION

In the event that any building or other structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds seventy-five (75) percent of the current replacement cost of the entire building or other structure, exclusive of foundation, such building or other structure shall not be restored unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, even if such damage is seventy-five (75) percent or less, no repair or restoration shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction.

6.3.5 MOVING

No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.

6.3.6 CHANGE

The Board of Zoning Appeals may permit a substitution for a nonconforming use in a building or structure lawfully existing at the time of the adoption of this Regulation, subject to the following conditions:

(A). The Board may permit either an expansion of a nonconforming building or structure or a substitution of a nonconforming use, but not both.

(B). Application for a substitution in accordance with paragraph (A) shall be noticed and heard in the manner prescribed for appeals in Section 9.4 hereof.

6.3.7 DISCONTINUANCE

(A). Discontinuance of nonconforming use of land: in the event that operation of a nonconforming use of land is voluntarily discontinued for a period of two (2) years, such nonconforming use shall not thereafter be re-established, and any subsequent use or occupancy of such land shall conform to the regulations of the district in which it is located.

(B). Discontinuance of nonconforming use of building: in the event that operation of a nonconforming use of all or part of a building or other structure is voluntarily discontinued for a period of two (2) years, such nonconforming use shall not thereafter be re-established, and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.

6.3.8 NONCONFORMING ACCESSORY USES

No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.

ARTICLE 7 SIGNS

SECTION 7.0 GENERAL PROVISIONS

Signs shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the general requirements and standards of this article. All signs require a zoning permit prior to a display of same. No Business signs in a residential zone.

(A) Setback

All signs shall be set back twenty-five (25) feet from the existing center of the street.

(B) Sign Area, How Measured

The entire area within a single perimeter enclosing the extreme limits of writing or representation of all display surfaces or sides. The necessary supports or uprights on which the sign is placed are excluded.

SECTION 7.1 EXEMPTED SIGNS

The following signs are not subject to the provision of this Regulation:

(A). Governmental signs for control of traffic and other regulatory purposes, street signs,

warning signs, railroad crossing signs and signs of .public service companies for the purpose of safety.

(B) Flags, emblems, insignia of any governmental agency.

(C). Commemorative plaques placed by a recognized historical society or agency.

(D) Directional signs.

SECTION 7.2 TRAFFIC HAZARDS

(A). No sign shall be erected at or near any intersection of any streets or any railway and any street in such a manner as to obstruct free and clear vision, or at any location whereby reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or devise, or which makes use of the words "stop," "look," "danger," or other word, phrase or symbol in such manner as to interfere with, mislead or confuse traffic.

(B). Light sources for illuminated signs shall not be of such brightness as to constitute a hazard to pedestrian or vehicular traffic. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

(C). No rotation beam, beacon or flashing illumination resembling an emergency light shall Je used in connection with any sign display, nor shall any illuminated device designed to attract attention of users of the street be permitted unless it is an integral part of the sign as herein defined.

(D). Illuminating signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.

SECTION 7.3 RESPONSIBILITY, MAINTENANCE AND REMOVAL

(A) The owner of the sign shall be held responsible for the maintenance, repair and upkeep of his sign.

(B). If any sign reaches a state of disrepair and is deemed unsafe by the Zoning Inspector and is not properly renovated, it shall be condemned and an order issued for removal immediately at the expense of the sign owner or building owner.

(D). Signs which are no longer functional, serve the purpose for which they were intended or are abandoned shall be removed or relocated in compliance with the provision of this Regulation within : thirty (30) days following such malfunction.

(E). Temporary signs; garage sale, special events, etc., shall be removed at the end of the last day of the event.

SECTION 7.4 SIGNS IN RESIDENTIAL AND BUSINESS DISTRICTS

(A). Signs shall neither exceed the height of the principal building on that zoning lot nor the height requirements of that district, whichever is less. See section 2.19

(B) Identification signs for :

(1). Residences shall not exceed two (2) square feet.

(2). Other permitted uses shall not exceed twenty (20) square feet.

(C). Real estate, construction and other approved temporary signs shall not exceed nine (9) square feet.

ARTICLE 8 ENFORCEMENT PENALTIES

SECTION 8.1 ENFORCEMENT BY THE ZONING INSPECTOR

There is hereby established the Office of the Zoning Inspector. The Village Council, after reviewing recommendations from the Planning Commission, shall appoint a Zoning Inspector, together with such assistants as the Council deems necessary, fix the compensation for said position and make disbursements thereof. It shall be the duty of the Zoning Inspector, as provided under Section 713.02 et. seq. of the Revised Code of the State of Ohio, to enforce this Regulation in accordance with the administrative provisions of this Regulation. Any certificate or license issued in conflict with the provisions of this Regulation shall be null and void.

SECTION 8.2 ZONING CERTIFICATES

UNTIL A ZONING CERTIFICATE HAS BEEN OBTAINED FROM THE ZONING INSPECTOR,

(A) The construction, building, moving, remodeling or reconstruction of any building or structure (See Section 2.19.4) shall not be commenced.

(B) The improvement of land preliminary to any use of such land shall not be commenced.

(C) The use of land, buildings or structures for temporary and accessory uses and home occupations shall not be commenced.

(D). A certificate pertaining to the temporary or permanent use of land, buildings or structures shall not be issued by any official, officer, employee, department or board of the Village or Darke County.

8.2.1 APPLICATION FOR ZONING CERTIFICATE

Each application for a zoning certificate shall be accompanied by a plan in triplicate drawn to a scale, one copy of which shall be returned to the owner upon approval or disapproval. The plan shall show the following:

(A) The actual dimensions of the lot, including easements.

(B) The exact size and location of all buildings existing on the lot.

(D) The existing and intended use of all parts of the land or buildings.

(E). Such other information with regard to the lot and neighboring lots as nay be necessary to determine and provide for the enforcement of this Zoning Regulation.

8.2.2 ISSUANCE OF ZONING CERTIFICATES

Zoning certificates shall normally be issued or refusal thereof given within five (5) working days after the date of application. Written notice of such refusal and reason thereof shall be given to the applicant. The cost of such zoning certification being $35.00.

8.2.3 PERIOD OF VALIDITY

A zoning certificate shall become null and void six (6) months after the date on which it is issued unless within such six (6) months' period construction, building, moving, remodeling or reconstruction of a building or structure is commenced or use is commenced. The permit is than void for one (1) year.

SECTION 8.3 VIOLATIONS - REMEDIES

In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Regulation or any amendments or supplements thereto, the Village Council, the Zoning Inspector or Building Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, enlargement, change, maintenance or use.

SECTION 8.4 VIOLATIONS AND PENALTIES

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of this Regulation or any amendment or supplement thereto adopted by the Council of the Village of Wayne Lakes under Section 713.06 et. seq. of the Revised Code of the State of Ohio. Any person, firm or corporation violating any regulation in or any provision of this Regulation or any amendment or supplement thereto shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred (100) dollars. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.

SECTION 8.5 FEES

Any application under this Regulation for a zoning certificate, variance, conditional use permit, sign permit, planned development, amendment or filing of a notice of appeal shall be accompanied by such fee as shall be specified from time to time by resolution of the Village Council. There shall be no fee, however, in the case of applications filed by the Village Council or the Planning Commission.

The fees shall be in addition to the regular building permit fees and any other fees which may be imposed under applicable ordinance of Village Council. The fees imposed by this Regulation are only intended to defer the costs involved in such applications such as publishing and/or posting and mailing the notices of the hearing or hearings. Such fees are not refundable regardless of the outcome of the application.

ARTICLE 9 BOARD OF ZONING APPEALS

SECTION 9.1 APPOINTMENT

9.1.1 ESTABLISHMENT

A Board of Zoning Appeals for the Village is hereby created. Such Board shall consist of five (5) members, to be appointed by the Village Council, who shall be residents of the Village. The terms of all members shall be of such length and so arranged that the term of one (1) member shall expire each year. Each member shall serve until his successor is appointed and qualified.

9.1.2. REMOVAL

Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by the Village council on written charges having been filed with the Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Village Council and shall be for the unexpired term.

9.2 ORGANIZATION

The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Regulation. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman, may administer oaths; and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public.

The Board shall keep minutes of its proceedings, showing the vote of each member upon each Question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Village Clerk and shall be a public record. A copy of the decision for each case shall be given to the applicant and the Commission.

Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse an order or determination of the Zoning Inspector or to decide in favor of any applicant in any matter over which the Board has original jurisdiction under this Regulation or to grant any variance from the requirements stipulated in this Regulation.

SECRION 9.3 JURISDICTION

The Board of Zoning Appeals shall have the following jurisdiction:

(A). Administrative Appeal

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Regulation.

(B) Variances

(1). To authorize, upon appeal, in specific cases, such variance from the terms of this Zoning Regulation as will not be contrary to the public interest, where, owing to special conditions of the land, i.e., an irregular-shaped lot, a lot of exceptional topography or an exceptionally narrow, shallow or irregular lot existing and of record at the time of the passage of this Zoning Regulation or a literal enforcement of the provisions of this Zoning Regulation will result in unnecessary hardship. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Regulation.

(2). Variances on Existing 3uildingsand Structures

To grant the projection of a building or structure existing at the time of the adoption of this Regulation into a required yard to secure an addition to the building structure and arrangement. Such projection shall not exceed one-third (1/3) of the required depth or width of the required yard. In granting such variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the Zoning District in conformity with this Zoning Regulation.

THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT VARIANCES WHICH SHALL, IN EFFECT, AMEND THE USE PROVISIONS IN THIS ZONING REGULATION.

To grant conditional zoning certificates for the use of land, buildings or other structures if such certificate for specific uses is provided for in the Zoning Regulation.

(D) Nonconforming Uses

Nonconforming uses as provided in Article 6 of this Regulation.

SECTION 9.4 PROCEDURE FOR ADMINISTRATIVE APPEAL

9.4.1 AUTHORIZATION

An appeal from a decision of the Zoning Inspector with request to the interpretation or application of this Regulation may be taken to the Board of Zoning Appeals by any person aggrieved or his agent or by any officer of the County affected by such decision of the Zoning Inspector.

9.4.2 NOTICE OF APPEAL

Appeals to the Board shall be filed within twenty (20) days after the decision of the Zoning Inspector by filing a written notice of appeal with the Zoning Inspector and with the Board of Zoning Appeals. The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the Zoning Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the decision being appealed was based.

9.4.3 HEARING ON APPEAL

The Board shall select a reasonable time and place for the hearing of an appeal, which shall be held not less than fifteen (15) nor more than forty five (45) days after receipt o£ the application and shall give at least ten (10) days written notice thereof to the owners of property within three hundred (300) feet of the applicant's property.

In addition, public notice of such hearings as to the time, place, date and subject of the hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the date of the hearing. Any party in interest may appear and be heard at the hearing in person, by agent or by attorney.

9.4.4 DECISION ON APPEALS

The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to reverse or modify any decision of the Zoning Inspector under this Regulation. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing and, in all cases, within thirty (30) days after the close of the hearing. A copy of the decision and finding of fact shall be sent to the applicant, Village Council and the Planning Commission.

SECTION 9.5 PROCEEDURE FOR OBTAINING A VARIANCE

Nature of Variance: A variance is permission to deviate in a specific manner from the terms of the Zoning Regulation where, owing to special conditions of the land itself, a literal enforcement of the provisions of this Zoning Regulation will result in unnecessary hardship and provided that only deviations from development standards shall be permitted.

9.5.1 AUTHORIZATION

The Board of Zoning Appeals may authorize variances from the terms of this Regulation as stated in Subsection 9.3(B) when the Board has made findings of fact based upon the standards set out in Subsection 9.5.5 of this Regulation.

9.5.2 APPLICATION FOR VARIANCE

An application for a variance, together with an application for a zoning certificate, shall be filed with the Zoning Inspector, who shall forward without delay a copy of each to the Secretary of the Board. The application shall contain the following:

(A) Description of Property and nature of Variance

(1) The nature of the variance, i.e., including the specific provisions of the Zoning Regulation from which the variance is requested.

(2) A description sufficient to identify the property, including a reference to the volume and page of the last recorded deed.

(3)A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the Zoning District.

(4) A statement showing that the special conditions and circumstances do not result from the actions of the applicant.

(5) A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.

(6) Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.

(B) Plot Plan

The application shall be accompanied by three (3) copies of a plot plan drawn to the appropriate scale showing the following:

(1) The boundaries and dimensions of the lot.

(2) The size and location of existing and proposed structures.

(3) The proposed use of all parts of the lot and structures, including access-ways, walks, off-street parking and loading spaces, and landscaping.

(4) The relationship of the requested variance to the standards set by the Zoning Regulation.

(5) The use of land and location of structures on adjacent property.

9.5.3 INFORMATION FOR COMMISSION

The Zoning Inspector shall file one (1) copy of the application and plot plan with the Board of Zoning Appeals within three (3) days after the filing of such application by the applicant, for informational purposes.

9.5.4 HEARING ON VARIANCE

A hearing on the application shall be held by the Board and a notice thereof given, as specified under Section 9.4.3 of this Regulation.

9.5.5 STANDARDS FOR VARIANCES

The Board shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it that support conclusions that:

(A) The variance requested arises from special conditions of, or involving, the property which are unique, that is, a situation which is not ordinarily found in the same zoning district and that the situation results from the enforcement of this Regulation and not by an action or actions of the property owner, the applicant or any other person who has had control of the property.

(B) The strict application of the provisions of this Regulation from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

(D) The variance desired will not compromise the general spirit and intent of this Regulation.

9.5.6 CONDITIONS AND RESTRICTIONS

In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to comply with the standards set out in Section 9.5.5 of this Regulation to reduce or minimize potentially injurious effects of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this Regulation.

9.5.7 DECISION ON VARIANCE

The Board shall have all the powers of the Zoning Inspector with respect to such decision. The concurring vote of a majority of the members of the Board shall be necessary to approve a variance under this Regulation. The Board shall render a written decision on the application without unreasonable delay after the close of a hearing and, in all cases, within thirty (30) days after the close of the hearing. A copy of the decision and findings of fact shall be sent to the applicant, the Village Council and the Planning Commission.

9.5.8 PERIOD OF VALIDITY

A variance granted by the Board shall terminate at the end of six (6) months from the date on which the Board grants the variance unless within such six (6) months' period construction, building, moving, remodeling or reconstruction of a building or structure is commenced or use is commenced.

SECTION 9.6 PROCEEDURE FOR OBTAINING A CONDITIONAL USE CERTIFICATE

9.6.1 AUTHIRIZATION

Specifically listed Conditional Uses are provided within the Zoning District regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding area in which they are located than the Permitted Use of such Zoning District. The intent of the procedure for authorizing a Conditional Use is to set forth in the development standards and criteria for locating and developing a Conditional Use in accordance with the nature of the surrounding area conditions of development with regard to appropriate plans.

9.6.2 APPLICATION FOR CONDITIONAL USE

Any person owning or having an interest in property may file an application to use such property for one or more of the Conditional Uses provided for by this Regulation in the Zoning District in which the property is situated. An application for a Conditional Use Certificate shall be filed in duplicate with the Zoning Inspector, who shall forward without delay a copy to the Secretary of the Board.

The application for a Conditional Use shall contain the following:

(A). Description of Property and intended Use.

(1) A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.

(2) The proposed use of the property.

(3). A statement of the necessity or desirability of the proposed use to the neighborhood or community.

(4) A statement of the compatibility of the proposed use to adjacent property and land use.

(5) Such other information regarding the property, proposed use or surrounding areas as may be pertinent to the application or required for appropriate action by the Board of Zoning Appeals.

(B) Plot Plan

The application shall be accompanied by three (3) copies of the plot plan, drawn to an appropriate scale, clearly showing the following:

(1) The boundaries and divisions of the lot.

(2) The size and location of existing and proposed structures.

(3) The proposed use of all parts of the lots and structures, including access-ways, walks, off-street parking and loading spaces, and landscaping.

(4) The relationship of the proposed development to the development standards in the existing zoning District.

(5) The use of land and location of structures on adjacent property.

9.6.3 INFORMATION FOR VILLAGE PLANNING COMMISSIONS

The Zoning Inspector shall file one (1) copy of the application and plot plan with the Commission within three (3) days after the filing of such application by the applicant for informational purposes.

9.6.4 HEARING ON CONDITIONAL USE

A hearing on the application shall be held by the Board and notice thereof given, as specified under Section 9.4.3 of this Regulation.

9.6.5 STANDARDS FOR CONDITIONAL USE

The Board shall not grant a Conditional Use unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it that support conclusions that:

(A) The proposed Conditional Use will comply with all applicable regulations of this Regulation, including lot size requirements, development standards and use limitations.

(B) Adequate utility, drainage and other such necessary facilities have been or will be provided.

(C) Adequate access roads or entrance and exit drives will be provided and will be so designed to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.

(D) All necessary permits and license for the use and operation of the Conditional Use have been obtained or evidence has been submit ted that such permits were -obtainable for the proposed Conditional Use on the subject property.

(E) All exterior lights for artificial open-air illumination are so shaded to avoid casting direct light upon any property located in a Residential District.

(F) The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

(G) The location, nature and height of buildings, structures, walls and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

(H) The Conditional Use desired will not adversely affect the public health and safety.

9.6.6 CONDITIONS AND RESTRICTIONS

In granting a Conditional Certificate, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the Conditional Use as may be necessary to comply with the standards set out in Section 9.6 to reduce or minimize potentially injurious effects of such Conditional Use upon other property in the neighborhood and to carry out the general purpose and intent of this Regulation.

9.6.7 PERIOD OF VALIDITY

A Conditional Use Certificate granted by the Board shall terminate at the end of one (1) year from the date on which the Board grants the Conditional Use, unless within the one (1) year period a building permit is obtained and the erection or alteration of a structure is started.

The Conditional Use Certificate will suffice as the Zoning Certificate required by Article 8, Section 8.2, of this Regulation.

ARTICLE 10 VILLAGE PLANNING COMMISSION DISTRICT CHANGES AND ORDINANCE AMENDMENTS

SECTION 10.1 VILLAGE PLANNING COMMISSION

10.1.1 The Village Council
Proceeding under Section 713.06 to 713.15 inclusive of the Ohio Revised Code, shall create and establish a Village Planning Commission. The Village Planning Commission shall consist of five (5) members, consisting of the Mayor, one (1) member of the Council and three (3) citizens of the Village to be appointed by the Mayor and be structured according to Section 713.01 of the Ohio Revised Code.

10.1.2 REMOVAL

Each member shall serve until his successor is appointed and qualified. Members of the Planning Commission shall be removable in accordance with Section 713.04, Ohio Revised Code (see Section 9.1 of this Regulation).

SECTION 10.2 DISTRICT CHANGES AND REGULATION AMANDMENTS

Amendments or supplements to the Zoning Regulation shall be affected as provided by Section 713.02 ct. seg. of the Revised Code of the State of Ohio

§713.12 Ohio Revised Code - Notice and hearing on municipal zoning regulations.

Before any ordinance, measure, regulation, or amendments thereto, authorized by sections 713.07 to 713.11, inclusive, of the Revised Code, may be passed the legislative authority of the municipal corporation shall hold a public hearing thereon, and shall give at least thirty days' notice of the time and place thereof in a newspaper of general circulation in the municipal corporation. If the ordinance, measure, or regulation intends to re-zone or re-district ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the clerk of the legislative authority, by first class mail, at least twenty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the county auditor's current tax list of the treasurer's mailing list and to such other list or lists that may be specified by the legislative authority. The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation. During such thirty days the text or copy of the text of such ordinance, measure, or regulation, together with the maps or plans, or copies thereof, forming part of or referred to in such ordinance, measure, or regulation and the maps, plans, and reports submitted by the planning commission, board, or officer shall be on file, for public examination, in the office of the clerk of the legislative authority or in such other office as is designated by the legislative authority. No such ordinance, measure, or regulation which violates, differs from, or departs from the plan or report submitted by the commission, board, or officer shall take effect unless passed or approved by not less than three-fourths of the membership of the legislative authority. Ordinance, measure, or regulation which is in accordance with the recommendations, plan, or report submitted by the commission, board, or officer shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the legislative authority.

10.2.1 WRITTEN APPLICATION

Two (2) copies of a provided application form shall be filed with the Village Planning Commission at their public office.

(A) Description of Change

The application shall include the following statement:

(1) A description or statement of the present and proposed provisions of this Zoning Regulation or the boundaries of the Zoning District Map.

(2) A description sufficient to identify the property, including a reference of the volume and page of the last recorded deed.

(3) The proposed use of the property.

(4) A statement of the necessity or desirability of the proposed use to the neighborhood or community.

(5) A statement of the relationship of the proposed use to the neighborhood or community.

(6) A list of owners of property within three hundred (300) feet from such area to be rezoned. Such list shall be in accordance with the Darke County Auditor's current tax list.

(7) Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Village Planning Commission.

(B) Plot Plan

The application shall be accompanied by two (2) copies of a plot plan, prepared by a registered engineer, architect or surveyor of the State of Ohio, drawn to an appropriate scale, clearly showing the following:

(1) The boundaries and dimensions of the lot.

(2) The approximate size and location of existing and proposed structures on the land to be rezoned if desired by the applicant.

(3) The proposed use of all parts of the lot and structures, including access-ways, walks, off street parking and loading spaces, and landscaping if desired by the applicant.

ARTICLE 11 WHEN EFFECTIVE: VALITITY

SECTION 11.0 WHEN EFFECTIVE

This regulation shall be in effect in all portions of the Village of Wayne Lakes at the earliest date allowed by law.

SECTION 11.1 VALIDITY

If any article, section, subsection, paragraph, sentence or phrase of the Regulation is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Regulation.

ARTICLE 12 – SPECIAL USE DISTRICT (SU)

Section 12.0.1 PURPOSE

“Special Use” means facilities listed as main and accessory buildings and/or uses in section 12.0.2. The SU District and regulations are established in order to achieve the following purposes:

A. To regulate the location and standards for development of such facilities so as to ensure their proper functioning in consideration of traffic, access, and general compatibility.

B. To protect listed facilities and uses from the encroachment of particular incompatible uses and to promote their compatibility with adjoining residential uses.

Section 12.0.2 PERMITTED USES

Specific buildings and parcels of land within the SU District shall be utilized only for particular uses set forth in the following schedule:

MAIN BUILDING/USES

ACCESSORY BUILDINGS/USES

Civic: Art galleries, libraries, museums, places for public assembly; memorials, monuments, fraternal organizations, historical.

Maintenance facilities. Bulletin boards and signs as hereinafter regulated.
Parking areas, playgrounds, signs.

Educational: Primary and secondary public, private or parochial schools, nursery schools, colleges or universities.

Parking areas, playgrounds, signs.

Health Care: General and special hospital and clinics, convalescent centers, institutions for care of children or senior citizens.

Parking areas, signs.

Religious: worship with a seating capacity

of 1,000 or more persons in the

main sanctuary.

Parking areas, signs.

Communication Facilities: Radio and television antennas and antenna towers.

Parking areas, structures

Recreational: Public and private parks, recreation fields and playgrounds. lakes, golf courses. nature preserves. swimming pools and similar open space facilities. not including such facilities developed for private u e by occupants of residential premises.

Parking areas, clubhouses. administrative and maintenance structures and signs.

Section 12.0.3 LOT AND AREA REGULATIONS

The area or parcel of land for a permitted use shall not be less than that required to provide a site adequate for the main and accessory buildings, off-street parking and other accessory building, off-street parking and other accessory uses, setbacks. Yards and open spaces t accommodate the facility and maintain the character of the neighborhood. The specific size of an area or parcel of land required for a special use shall be approved by the Planning and Zoning Commission at the time of zoning. Pursuant to Section 12.0.5.

Section 12.0.4 Yard Regulations

A. Front Yards: The front yard setback shall be not less than the largest required front yard setback for any adjacent zoning district.

B. Side Yards: The yards for each special use building shall be not less than the criteria set forth in the following schedule when adjacent to any district where residences are a permitted use.

MAIN BUILDINGS AND USES	MINIMUM SIDE & REAR YARD (FT)	FRONT YARD (FT)
Civic: Nonassembly buildings Assembly buildings	10 10	35 35
Educational: Public, private and Parochial schools	10	35
HEALTH CARE: Buildings	10	35
Religious: Buildings	10	35
Communication: Buildings Radio and television antennas	100% of the height of the antenna and antenna tower.
Open Space Recreation: Buildings	10	35
Outdoor Entertainment:	(to be determined by Planning and Zoning commission on a case-by-case basis)

C. Driveways, Parking Areas, Play Areas Driveways and parking areas serving the special use may be located within the side or rear yard set forth in the above schedule but driveways shall be located not less than (10) feet and parking areas not less than twenty (20) feet from adjacent lot line, and play areas shall not be located less than fifty feet from any adjacent district where residents are permitted to use.

Section 12.0.5 Approval By Planning and Zoning Commission

In addition to the material required for the application for a zoning amendment, as specified in Section 12.0.3 of this Ordinance, a Development Plan shall be submitted for land proposed to be zoned into the SU District. Such Development Plan shall include a site plan for the proposed public facility, as well as any other information deemed necessary to determine compliance with this Ordinance.

The Development Plan shall be reviewed by the Planning Commission and Zoning Inspector considered in making its recommendation to City Council. Criteria for reviewing a Development Plan for a Special

Use shall include the following:

A. The proposed building or use shall be located properly in accordance with this Article.

B. The proposed public facility shall be located on a major arterial or collection street as shown on the Thoroughfare Plan, so as to generate a minimum of traffic on local streets. Playgrounds or parks intended for neighborhood use may, however, be located on local streets.

C. The location, design and operation of the facility shall be so designed to alleviate if possible, or minimize if not possible, adverse impacts on surrounding residential neighborhoods

Section 12.0.6 Action by Village Council

In approving the redistricting of land into the SLJ District, City Council may specify appropriate conditions and safeguards applying to the specific proposed facility.

Section 12.0.7 Compliance with Development Plan

The construction of all buildings and the development of the site within the SU District shall be in conformity and compliance with the approved Development Plan and all other applicable codes and regulations. Including but not limited to the Darke County Building code and the Darke County Health Department Regulations.