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Yellow Springs Public Notices

Repealing Old Sections Of Nonconforming Lots Of Record And Enacting A New Section

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An Ordinance Repealing Old Sections Of Nonconforming Lots Of Record And Enacting A New Section
Ordinance No. 2015-28, Village Of Yellow Springs, Ohio

Interested persons will take note that the Village Council of Yellow Springs on
Monday, Nov. 2, 2015, gave first reading to an ordinance, text to follow.
Council will consider said ordinance for a second reading and a public hearing
to begin at 6:30 p.m., Monday, Nov. 16, 2015, in the Br yan Community Center,
100 Dayton St.
Whereas, Village staff has recommended a change to the Zoning Code to
allow for interior, adjoining, nonconforming lots under common ownership to be
treated as one lot to allow for more flexibility to property owners without requir-
ing a re-plat; and
Whereas, Planning Commission held a public hearing on October 12, 2015
and following the public hearing recommended approval of this code revision in
accordance with Section 1280.03 of the Yellow Springs Codified Ordinances; and
Whereas, it is Village Council’s intent to amend Section 1282.05 of the Codified
Ordinances to more accurately reflect how property owners desire to make use of
their interior adjoining nonconforming lots.
NOW, THEREFORE, THE COUNCIL OF THE VILLAGE OF YELLOW
SPRINGS, OHIO HEREBY ORDAINS THAT:
Section 1. That Section 1282.05 Nonconforming Lots of Record of Chapter
1282 Nonconforming Uses, Buildings and Lots of Title Four Zoning of Part Twelve
Planning and Zoning of the Codified Ordinances of the Village of Yellow Springs,
Ohio be repealed.
Section 2. That a new Section 1282.05 Nonconforming Lots of Record of Chapter
1282 Nonconforming Uses, Buildings and Lots of Title Four Zoning of Part Twelve
Planning and Zoning of the Codified Ordinances of the Village of Yellow Springs,
Ohio be enacted to read as follows with new language underlined:
1282.05 Nonconforming Lots of Record
a) A lot of record that exists at the time of adoption or amendment of this code that
does not meet the minimum requirements for lot width or lot area may be used
for any permitted use in the district in which the lot is located, provided that any
building or structure constructed on the lot complies with all other requirements
of the zoning district. The nonconforming lot may also be used for conditional
uses, if it meets all applicable requirements for those uses.
b) Adjoining nonconforming lots of record or nonconforming lots adjoining
conforming lots that are owned by the same property owner of record shall
be counted as a whole for the purposes of erecting accessor y structures,
additions, fences and signs if the following criteria are met:
1) An existing principal structure is located on the property and was con-
structed prior to the adoption of this zoning ordinance.
2) The proposed improvement must comply with existing zoning setback
regulations for the exterior portions of the adjoining lots not owned by
the same property owner.
Section 3. This ordinance shall take effect and be in full force at the earliest
date permitted by law.
Karen Wintrow, President

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