Bethel Zoning Code Amendments

Bethel Zoning Code Amendments

A public hearing will be held on April 11, 2019 at 5:15 p.m. to consider the following amendments to the Bethel Zoning Code. A full copy of the proposed amended zoning code is on file with the Village Fiscal Officer.

  1. References to “this ordinance” were changed to “this Zoning Code” throughout the code.
  2. References to “zoning certificate” changed to “zoning permit” throughout.
  3. Numbering and formatting revised throughout.
  4. Grammatical and typographical errors corrected throughout.
  5. Section 120 added:Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building, part thereof or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations specified in this Zoning Code for the district in which it is located.
  6. Definition of “family” amended to meet constitutional requirements as follows:
    Original:

    One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons.

    Revised:

    One or more individuals occupying a dwelling and living as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability.

  7. Definition of “garage” amended as follows:
    Original:

    Buildings and premises where gasoline, private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

    Revised:

    A detached accessory building or a portion of the principal building used only for the storage of passenger vehicles or other personal property owned by the family or families’ resident upon the premises. A carport shall be construed to be a garage.

  8. References to conditional uses eliminated from Zoning Code.
  9. Section 430: revised to tie nonconforming status to the issuance of a zoning permit, not commencement of construction.
  10. Article 5 – substantial changes to reorganize and clarify zoning administration provisions:
    1. Section 500, Purpose, added:This Article sets both the powers and duties of the Planning Commission, the Board of Zoning Appeals, the Village Council and the Zoning Administrator with respect to the administration of the provisions of this Zoning Code
    2. Planning commission and Board of Zoning Appeals processes separated and responsibilities and roles clearly delineated.
    3. Site plan review provisions moved to administration section and revised to include additional information.
    4. Variance application and variance standards separated for clarity and more standards added to be consistent with Ohio law.
  11. Article 6: minor changes made to comply with zone change process under Ohio law.
  12. R-A District:
    1. Reference to backyard chickens and small farm animals added
    2. Minimum square footage added for single family and duplexes
  13. R-1 District:
    1. Reference to backyard chickens and small farm animals added
    2. Accessory Uses and Structures:
      1. Garages limited to one per lot
      2. Storage buildings limited to one per lot
    3. Minimum square footage added for single family homes
  14. R-2 District:
    1. Reference to backyard chickens and small farm animals added
    2. Accessory Uses and Structures:
      1. Garages limited one per lot
      2. Storage buildings limited to one per lot
    3. Minimum square footage added for single family homes
  15. R-3 District:
    1. Reference to backyard chickens and small farm animals added
    2. Accessory Uses and Structures:
      1. Garages limited one per lot
      2. Storage buildings limited to one per lot
    3. Minimum square footage added for single family and duplexes
  16. R-4 District:
    1. Reference to backyard chickens and small farm animals added
    2. Supplemental provisions amended to: (1) require multi-family development to incorporate a variety of dwelling unit types, (2) add objective factors to be considered in determining whether development is “harmonious” to neighborhood; (3) clarifies process for site plan review.
    3. Adds a minimum floor area requirement for various types of dwelling units (multi-family and single family)
  17. B-1 District:
    1. A provision added to require multi-family uses to comply with the requirements in the R-4 district
    2. Minimum square footage added for single family and duplexes
  18. B-2 District:
    1. A provision added to require multi-family uses to comply with the requirements in the R-4 district
    2. Minimum square footage added for single family and duplexes
  19. IP District:
    1. Multi-family uses eliminated as conditional uses
  20. Article 10:
    1. Section 1005 added – backyard chickens and small farm animals, as follows:Unless otherwise provided in the District Regulations, the following provisions apply to the keeping and raising of chickens and small farm animals on single-family residential lots.
      Chickens

      The keeping and raising of chickens shall be allowed on single-family residential lots for the farming of their eggs for private consumption, subject to the following conditions and limitations:

      1. Maximum Number of Chickens. The number of chickens permitted shall be determined by lot size. No more than one chicken shall be kept on a parcel of land for each 1,500 square feet of parcel of lot area. By way of example, for a residential lot of 10,890 square feet (quarter acre), this regulation would permit no more than a total of seven (7) chickens.
      2. Roosters are prohibited.
      3. Containment requirements. Chickens shall be confined at all times within a coop or chicken run.
      4. Coop restrictions. Chicken Coops shall not exceed 120 square feet in area or 10 feet in height. Coops must be located in the rear yard, at be at least 40 feet from any neighboring residential home. Chicken coops must be secure to prevent predators from entering the coop.
      5. All chicken coops shall require a zoning permit.
      6. Nuisance. No person shall keep and raise chickens in such a manner as to create a nuisance due to improper care, maintenance or sanitation conditions.
      7. Slaughter. No chicken shall be slaughtered on residential property.
      Goats

      The keeping and raising of one (1) milk goat shall be permitted on single family residential lots for the personal use of the occupants thereof, subject to the following conditions and limitations:

      1. Lot Size. Goats shall only be permitted to be kept on a lot that is at least 24,000 square feet in area.
      2. Stables, pens or other enclosures for such animals shall not be permitted in front yard of side yards and shall be set back at least 100 feet from any neighboring residential home.
      Prohibitions

      No horses, cows, alpacas, llamas, swine, or other similar animals shall be kept on property except in areas specifically designated for the keeping of such animals.

    2. Site plan review requirements deleted (moved to Article 5)
  21. Article 12:
    1. Prohibition against electric message centers deleted
    2. Regulation of political signs deleted
    3. Section 1210 – signs permitted in all districts not requiring a permit – expanded to include all types of temporary signs.