ORDINANCE NO: 2020-15
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
VILLAGE OF ANTWERP, OHIO TO ADD NEW SUBSECTION (B) TO
SECTION 905 ENTITLED “TEMPORARY BUILDINGS” TO INCLUDE REGULATIONS REGARDING PORTABLE STORAGE CONTAINERS, AND DECLARING THE SAME AN EMERGENCY
WHEREAS, the Council of the Village of Antwerp initiated an amendment to the Zoning Ordinance of the Village of Antwerp, specifically to add new subsection (B) to Section 905 entitled “Temporary Buildings” to include regulations regarding the use of portable storage containers as detailed in Resolution No. 2020-04 adopted on July 20, 2020; and
WHEREAS, after the adoption of Resolution No. 2020-04, the same was transmitted to the Planning and Zoning Commission of the Village of Antwerp and the Planning and Zoning Commission recommended that the proposed amendment to the Zoning Ordinance of the Village of Antwerp be modified to increase the time period allowing portable storage containers to be located on residential property and for any extension determination to be made by the Village Administrator;
WHEREAS, the Planning and Zoning Commission of the Village of Antwerp transmitted its recommendation on said proposed amendment within sixty (60) days from receipt of the proposed amendment in compliance with Section 707 of the Zoning Ordinance of the Village of Antwerp, Ohio; and
WHEREAS, the Council of the Village of Antwerp held a public hearing on this recommendation on September 25, 2020, in compliance with Section 708 of the Zoning Ordinance of the Village of Antwerp, Ohio, after notice of said public hearing was published and any required notice mailed to property owners in compliance with Sections 709 and 710 of the Zoning Ordinance of the Village of Antwerp, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, Paulding County, Ohio, that the Council adopts the recommendation of the Planning and Zoning Commission and approves the amendment to the Zoning Ordinance as follows:
Section 1. The Council of the Village of Antwerp moves to adopt the recommendation of the Planning and Zoning Commission that the Zoning Ordinance be amended, specifically to add new subsection (B) to Section 905, which Section shall now read as follows:
SECTION 905 Temporary Buildings.
(A) Temporary buildings, construction trailers, equipment and material used in conjunction with construction work only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a zoning permit authorized by the Zoning Inspector.
(B) Portable Storage Containers that are loaded with materials and placed on a residential property for the purpose of temporarily storing materials are permitted with the following regulations:
(1) Portable Storage Containers shall not be located on any parcel for a period exceeding ninety (90) days from date of delivery. At the end of ninety (90) days, an extension for a maximum thirty (30) additional days may be granted by the Village Administrator based on just cause.
(2) Portable Storage Containers shall not be located on any parcel for a period exceeding one hundred twenty (120) days per calendar year.
(3) Portable Storage Containers shall be kept in the driveway of the property at the furthest accessible point from the street. The location of the Portable Storage Container on a driveway shall not obstruct visibility nor block the sidewalk. If no driveway is present, approval from Village departments for the placement of the Portable Storage Container prior to its delivery is required.
(4) Only one Portable Storage Container shall be placed at any residential property at one time.
Section 2. The addition of subsection (B) to Section 905 shall be incorporated into the Zoning Ordinance of the Village of Antwerp upon the date this Ordinance becomes effective by law.
Section 3. It is found and determined that all formal actions of the council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this council, and that all deliberations of the council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including all lawful Ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.
Section 4. This Ordinance is deemed an emergency measure necessary for the preservation of the public health, safety and welfare, and for the further reason to comply with Section 711 of the Zoning Ordinance, which requires the Village Council to act within thirty (30) days of the public hearing on the proposed amendment, and this Ordinance shall be in full force and effect immediately after its passage; otherwise, it shall take effect and be in force after the earliest period allowed by law.
PASSED THIS ______ day of October, 2020.
Jan Reeb, Mayor
Village of Antwerp, Ohio
Aimee Lichty, Fiscal Officer