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Ordinances Recently Adopted by the Riverlea Village Council

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation. This page is intended only to let our residents know of recent ordinances.

Ordinance 01-2009

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation.American Legal Publishing Corporation. This page is intended only to let our residents know of impending and recent ordinances.

AN ORDINANCE TO CLARIFY THE PERMITTED USES OF SINGLE FAMILY RESIDENTIAL PROPERTY IN THE VILLAGE

Introduced by: Mr. Tettenhorst

WHEREAS, for a significant portion of its history, and currently, the Village of Riverlea has been subject to land use regulations that restrict the use of property within the Village to single family residential purposes, and substantially all the structures in the Village consist of buildings that are devoted to single family residential uses;

WHEREAS, the use of homes by individuals over the years have changed such that more individuals pursue their livelihood from their homes, and the Council of the Village of Riverlea desires to provide for such activities while preserving the residential character of the Village, and thereby to promote the common welfare of the residents of the Village; and

WHEREAS, Council of the Village has determined that clarifying the ordinances of the Village regarding the permitted use of properties in the Village as single family residences, but permitting certain accessory uses and home occupations, will benefit residents of the Village

Be It Ordained by the Council of the Village of Riverlea, State of Ohio:

Section l. Confirmation of Single Family Residential Zoning of Village Properties; Accessory Uses and Home Occupations. . That Riverlea Code Section 151.020 is hereby amended by deleting the current version thereof and replacing it in its entirety with the following:

"§151.020 Single Family Dwelling Residence Limitation; Accessory Uses and Home Occupation Uses.
  1. Single Family Residence Permitted. No person shall construct, occupy or use any land, lot, premises, building or structure in the Village for any purpose or use other than as a single family dwelling, as an Accessory Use to a single family dwelling, or as a permitted Home Occupation, as such terms are defined in this Section, and otherwise subject to the other provisions of this Chapter. No more than one single-family dwelling, or part thereof, shall be located on any lot within the Village. No single-family dwelling shall be occupied by more than one family or household. No land, lot, premises, building or structure in the Village shall be constructed, occupied or used for any trade, industry or other commercial use other than a Home Occupation. As used in this Section: (1) "lot" shall have the meaning ascribed to that term in Section 151.022 of this Title; (2) "family" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons; and (3) "single family dwelling" means a detached residential dwelling unit other than a mobile home designed for and occupied by one family or household only.
  2. Certain Accessory Uses Permitted. "Accessory Use" means a use of any land, lot, premises, building or structure that is subordinate to the principal use of any land, lot, premises, building or structure as a single family residence, and that serves a purpose customarily incidental to the principal use, which principal use is located on the same lot, or on an adjacent lot that is under common ownership with the lot, on which the Accessory Use occurs.
  3. Existing Nonconforminq Uses; Continuation. The lawful, nonconforming use of any land, lot, premises, building or structure existing at the time of the adoption of this Section may be continued, although such use, building, structure or land does not conform with the provisions of this Title; except that, unless required by law, no existing building, structure or land devoted to a use not permitted by this Title or used in a manner not conforming to the other provisions of this Title, shall be enlarged, extended, expanded, subdivided, changed or structurally altered, unless the use thereof is changed to a use permitted by this Title and conforming to all the other provisions hereof.
  4. Permitted Home Occupations. "Home Occupation" means an occupation, profession, activity, or use that is clearly an incidental, secondary or customary use of a residential dwelling unit, which does not alter the exterior character or appearance of the dwelling or any other building or structure on the lot, which is carried on solely within the principal dwelling unit, and with respect to which the owner or occupant of the lot has delivered written notice thereof to the Mayor or his or her designee as set forth herein. No person shall construct, occupy or use any land, lot, premises, building or structure in the Village for a Home Occupation except in conformity with the provisions of this Section.
    1. No person other than members of the family residing on the premises shall be engaged in such Home Occupation, except that in connection with the practice of a profession which can be practiced only with the assistance of supportive personnel, one (1) person not residing in such dwelling unit may be so employed;
    2. Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the Home Occupation;
    3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such Home Occupation;
    4. No Home Occupation shall be conducted in any yard or accessory building, and no storage of equipment or materials used in a Home Occupation shall be outside the principal residence;
    5. No traffic shall be generated by the Home Occupation in greater volumes than would normally be expected in a residential neighborhood, and no more than one vehicle shall be used in connection with a Home Occupation;
    6. No equipment or process shall be used in the Home Occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; and
    7. Any person who conducts an occupation, profession, activity, or use of property in the Village in reliance on the provisions of this Section that permit the conduct of Home Occupations, shall notify the Mayor or his or her designee in writing that such activity has or will occur, such notice to be delivered not later than seven days after the first date on which such occupation, profession, activity or use of property first occurs, and shall describe the nature of the activity, the persons conducting such activity and the times during which such activity may be conducted."
Section 2. The statues to be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Section 151.020, which is amended by Section 1 above, is hereby set forth:

"§151.020 Single Family Dwelling Residence Limitation.

Only single-family dwelling houses (with necessary and proper out-buildings and fences) shall be built and permitted and such houses shall be occupied by not more than one family per house, "family" being defined as any number of persons living and cooking together as a single housekeeping unit. Provided, however, that any building heretofore erected or now in use within the village for residence of more than one family shall be permitted to continue in such use. No buildings or other structures or premises shall be erected, altered or used in the village for trade, industry or other purposes than for dwelling (with necessary and proper out-buildings for dwelling houses)."

Section 3. Effective Date. That this Ordinance shall take effect from and after the earliest date permitted by law.

Section 4 . Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

Section 5. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

  1. The Circle on West R iverglen Drive.
  2. The Ravine Park on West Riverglen Drive.
  3. The Northwest corner of Beverly Place and Dover Court.
  4. Lot 75 on West Riverglen Drive.
  5. Lot 7 on West Southington Avenue.
Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days and at the expiration thereof this Ordinance shall become effective.

Passed this __________day of _________________________,2009.

President of Council

ATTEST:

Pamela M. Colwell, Clerk of Council

Mary Jo Cusack, Mayor

I hereby certify that on the __________day of_________________________,2009, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (l5) days.

Pamela M. Colwell, Clerk of Council