AN ORDINANCE
AMENDING SECTION 402.1, ACCESSORY STRUCTURES AND USES; SECTION 402.2, PERMITTED OBSTRUCTIONS IN YARDS; AND SECTION 1010.5, PENALTIES, OF THE OAKWOOD ZONING ORDINANCE; TO CLARIFY CERTAIN PROVISIONS AND TO ENSURE CONSISTENCY WITH STATE LAW.
WHEREAS, proposed text amendments to the Oakwood Zoning Ordinance were presented to the Planning Commission in a duly-noticed public hearing held on May 3, 2023, and the Planning Commission by a vote of 4-0, with one member absent, recommended approval thereof; and
WHEREAS, the proposed amendments have been presented to Council in a duly-noticed public hearing held on June 5, 2023, and as required by Section 1003.6(B) of the Zoning Code, Council has reviewed the proposed amendments and finds that they are consistent with the purposes of the Zoning Code, the Comprehensive Plan, and the interests of the city of Oakwood as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:
SECTION I.
Subsections (H)(1) and (H)(2) of existing Section 402.1, Accessory Structures and Uses, of the Oakwood Zoning Ordinance, are hereby amended so that all references to “air conditioning/heat pump equipment” shall be expanded to read “air conditioning/heat pump/generator or similar mechanical equipment,” with new text appearing in bold font for illustrative purposes.
SECTION II.
Existing Section 402.2, Permitted Obstructions in Yards, of the Oakwood Zoning Ordinance, is hereby amended so that the reference to “air conditioning condenser/heat pump” shall be expanded to read “air conditioning condenser/heat pump/generator or similar mechanical equipment,” with new text appearing in bold font for illustrative purposes.
SECTION III.
Existing Section 402.2, Permitted Obstructions in Yards, of the Oakwood Zoning Ordinance, is hereby amended so that the reference to “Window Wells (not more than two (2) feet into the yard)” shall be clarified to read “Window Wells (not more than two (2) feet into the required yard),” with new text appearing in bold font for illustrative purposes.
SECTION IV.
Existing Section 1010.5, Penalties, of the Oakwood Zoning Ordinance, is hereby amended so that the reference to a fine of “not more than one hundred (100) dollars per offense” is hereby increased and shall read “not more than one hundred fifty (100) (150) dollars per offense,” with new text appearing in bold font for illustrative purposes, thereby keeping the fine amount consistent with the provisions of state law.
SECTION V.
It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio R.C. 1212.22.
SECTION VI.
This ordinance shall take effect as of the earliest date permitted by law.
PASSED BY COUNCIL OF THE CITY OF OAKWOOD, this 5th day of June, 2023.
