Zoning Regulations

Application Procedure for a Zoning Certificate 
Section 9.04 Application Procedure for a Zoning Certificate
pdfApplication Requirments PDF Download

 
General Before constructing, changing the use of, or altering any building, including accessory buildings, or changing the use of any premises within a OF, TC or BP Zoning District, application shall be made to the following contact person for a zoning certificate: 
 
Zoning Inspector
Poland Township Zoning Office
3339 Dobbins Road
Poland, Ohio 44514
Telephone: (330) 757-0733 
 
2) Application Procedure
 
a) The application for approval of a zoning certificate for any building or use within an AG Agricultural,E Estate, R 1 or R 2 Residential District shall include the following information:
 
(1) A site plan showing the following: 
  1. The dimensions of the lot (e.g. lot width and lot depth).
  2. Location of all buildings and other structures on the lot.
  3. Front and side elevation plan of the principal building.
  4. Total square feet of living area.
  5. Height of all buildings and other structures.
  6. Required front, side and rear yard building setback lines with dimensions shown.
  7. Number of fireplaces, where applicable.
  8. Number and location of garage structures on the lot.

b) The application for approval of a zoning certificate for any building or use within the R 3 Residential, OF Office, TC Town Center, BP Business Park or any PUD Planned Unit Development District shall include the following information as required by each of the township departments listed below:

(1) The applicant shall submit to the Zoning Department:
  1. One (1) set of prints showing the Site Plan prepared according to the requirements of Article VII, Section 7.33.
  2. One (1) set of prints showing the Interior Building Floor Plans.
  3. One (1) set of prints showing the Exterior Building Elevation.
  4. One (1) set of prints showing the layout and area dimensions of Pedestal/Building mounted signs.
  5. Where plans include new construction, one (1) set of prints and documentation shall be submitted showing on site storm water retention plans and calculations and shall accompany the site plan filed with the Zoning Department. The storm water plans and specifications shall be reviewed by the Mahoning County Engineer to ensure that they are designed in accordance with the storm water drainage requirements on file in the Mahoning County Engineer's Office.
  6. One (1) copy of a detailed sedimentation control plan approved by the Mahoning County Soil and Water Conservation District. The sedimentation control plan shall include the entire property showing the grading and surface drainage modifications that will be made in preparing the site for development for each building phase of the overall development.
  7. For all new developments, one (1) set of storm water detention areas and calculations approved by the Mahoning County Engineer, and septic approval by the Mahoning County Health Department.
  8. The location, total floor area and shape of all buildings and other structures to be erected, altered or moved.
  9. The location of all existing structures on the property.
  10. The existing and proposed use of the property.
  11. The total number of dwelling units in each building for any development in an R 3 Residential or PUD Planned Unit Development District.
  12. Any other pertinent information required to assisting the appropriate departments in conducting an adequate review of the proposed development.
The Zoning Department shall review the application for a zoning certificate, site plan, construction blueprints, and other applicable materials to determine conformance with the applicable zoning district regulations.
 
(2) Road Department: The site plan shall be reviewed by the Office of the Township Road Superintendent, and reviewed and approved by the Mahoning County Engineer's Office in accordance with the design criteria prescribed by the office of the Mahoning County Engineer. The applicant shall submit the following information to the Zoning Department to be reviewed and approved by the Township Road Department and the Mahoning County Engineer:
  1. One (1) set of prints showing the site plan prepared according to the requirements of Article VII, Section 7.33.
  2. Two (2) copies of topographic and hydrological maps.
  3. On site surface retention plans and storm water calculations.
  4. Contact Person:
Township Road Superintendent
7508 Clingan Road
Poland, Ohio 44514
Telephone: (330) 757 0733
 
(3) Issuance of Zoning Certificate: 
  1. Within thirty (30) days after receipt of the application, the Zoning Inspector shall issue a zoning permit if the application complies with the requirements of this Resolution and the application is accompanied by a proper filing fee. If such permit is refused for cause, the Zoning Inspector shall notify the applicant within thirty (30) days of such refusal and cause.
  2. Each application shall clearly state that unless construction is started within one (1) year from the date of issuance, or substantially completed within two (2) years, the zoning permit shall be void.
  3. No zoning certificate shall be issued for any structure, which has ingress or egress to a state highway until the owner of such property has secured a permit from the Ohio Department of Transportation in accordance with regulations adopted by that department.
  4. Any or all of the following conditions shall cause the Zoning Certificate to become void:
    1. Use is changed from the original application.

    1. The Zoning Certificate issued is in conflict with the provisions of this Resolution.

    2. There is any violation of a statute of the State of Ohio, or any violation of a County code or regulation and/or any condition on which the Certificate was issued.

    3. If the continuance of any work becomes dangerous to life or property in the opinion of the Township Zoning Inspector.

    4. If any false statements or misrepresentations have been made in the application on which the approval was based.

  5. Notice of Revocation of a Zoning Certificate shall be in writing and shall be served upon the owner, his agent or the person having charge of the work. A Revocation Notice shall also be posted upon the building or operation in question by the Township Zoning Inspector.  After the notice is received or posted it shall be unlawful for any person to proceed with any operation for which such Certificate was issued.  No part of the fees for such Certificate shall be refunded.

If the Zoning Certificate becomes void, a new Zoning Certificate must be applied for, with all of the requirements of the original application, including the payment of the appropriate fees. (10/13/2005)
Accessory Buildings Regulations
 Section 7.03 Accessory Buildings and Uses
 
1. Accessory buildings
  1. Where the accessory building is structurally attached to the main building, it shall conform to all regulations of this Resolution applicable to the main building.
  2. Roadside stands provided for the commercial sale of farm grown products shall be located at least ten feet (10') back from the road right of way line.
  3. Accessory buildings for detached garages and domestic storage structures shall be setback at least five feet (5’) from any side lot line and seven feet (7’) from the rear lot line.
  4. Detached accessory buildings shall be located no closer than fifteen feet (15') from any main building and shall maintain a setback of at least five feet (5') from any side lot line and seven feet (7’) from the rear lot line. In no case shall an accessory building be located within a dedicated easement or right-of-way.
  5. No detached accessory building in an AG Agricultural, Estate, R 1, R 2 or R 3 Residence Districts shall exceed one (1) story or fifteen feet (15') in height.
  6. Accessory buildings in a OF Office, TC Town Center or BP Business Park Districts may be constructed to equal the permitted maximum height of structures in said districts.
  7. Maximum Square Feet of Floor Area of a detached accessory building shall be as follows:
    1. AG Agricultural District: 1,000 Square Feet
    2. E Estate District: 750 Square Feet
    3. R 1, R 2 and R 3 Residence Districts: 600 Square Feet
  8. Accessory buildings shall not project beyond the minimum required front, side or rear yard in any E Estate, R 1, R 2, R 3 Residence, OF Office, TC Town Center or BP Business Park District.
    Where an accessory building is located on a corner lot, said building shall not project beyond the minimum front yard setback line on either street.
  9. No lot shall contain more than one accessory building with the exception of relief granted by the Board of Zoning Appeals. (8/5/2006)
Fences and Walls Regulations
Section 7.14 Fences and Walls
 
  1. A fence, wall, or fence post, including ornamental features, shall not be permitted to exceed a height of 6 feet 8 inches (6'8") above the existing finished grade. (10/13/2005)
  2. An earthen mound shall not be permitted to support a fence or wall. Any earthen mound higher than the existing finished grade shall be considered as part of the maximum height requirement established for a fence or wall.
  3. A fence, wall or fence post located between the street right-of-way line and the minimum building setback line shall not exceed a hight of three feet (3').
  4. A fence, wall of fence post located closer then fifteen feet (15') from any right-of-way line.
  5. A fence, wall or fence post on lots of record in any R Residential District shall not contain barbwire, electric current or charge of electricity.
  6. A fence, wall or fence post which enclose public or institutional uses such as parks, playground or public landscape areas, in any R Residential District, shall not exceed eight feet (8') in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five percent (25%) of their total area.
  7. All fences, walls of fence posts shall comply with the building code of the Mahoning County as it applies to fence installation and materials.
  8. In all Districts all outstanding posts shall face the owner of the fence.
Parking Regulations
 
Section 7.30 Parking and Storage of Motor Vehicles and Commercial Tractor Trailers

1. None of the following described motor vehicles may be parked in the open on any Residential and Estate district except while being loaded or unloaded:

    1. A motor tractor and/or trailer used as a moving van or for hauling freight.
    2. A bus, mobile home or trailer used for commercial purposes.

(a) Trucks with over one (1) Ton capacity

(b) Box/cube trucks and cargo vans

    (c )Landscaping equipment

    (c) Landscaping equipment

(e) Semi-tractor and/or trailer

(f) Bus motor Coach or trailer

(h) Dump trucks

(i) Construction equipment

(j) Dismantled vehicles

(k) Wrecked vehicles

(l) Inoperable vehicles

(m) Unlicensed vehicles

2. No boats, motor homes, trailers, recreational vehicles, or equipment of any type shall be parked or stored between the front lot line, and the minimum front yard setback line of any lot or parcel, and must be located at least three (3) feet from side property line within a Residential, Estate, Town Center and Office district. If a building is located on said lot, the minimum front yard setback line shall be considered to be the front wall of the building facing the road even if said building is located behind the minimum front yard setback line established by this Resolution. If no building exists on the parcel, no boats, motor homes or equipment of any type shall be parked on such parcel.

3. The following specific regulations shall apply in all Residential Districts and Estate districts:

All motor vehicles, exclusive of recreational vehicles, shall be parked only on a driveway.

4. The following may be stored or parked in any Residential and Estate District, subject to the following conditions:

      1. Any motor vehicle stored within an approved building or garage.
      2. A utility trailer with a body not longer than eight feet (8’); travel trailers no longer than thirty-one feet (31’); self-contained travel vehicles; pick up trucks; and camper bodies; boats and boat trailers, shall be parked only within the allowable building area, but not between a dwelling unit and the front lot line.
      3. Pick-up trucks with factory style beds and tailgates. (6/13/08)
      4. Pick-up trucks with utility cargo storage beds not to exceed the height of the cab. (6/13/08)

5. In any Residential and Estate District, trucks, trailers, recreational vehicles, truck campers, boats, buses or coaches converted to recreational use, which cannot be stored in approved buildings or other structures because of their size shall be subject to the following additional conditions:

      1. Trucks larger than one-ton capacity and recreational vehicles larger than thirty-one feet (31') in length shall not be parked on the lot. (6/13/08)
      2. A time limit of seventy-two (72) hours shall apply for the loading or unloading of recreational vehicles in the driveway.
      3. Only one (1) recreational vehicle, plus one (1) boat and one (1) boat trailer, shall be permitted on the lot at one time.

6. No recreational vehicle may be used as living quarters except as temporary living quarters to safeguard the premises while reconstructing a dwelling unit following a natural disaster or fire. Such temporary quarters would require a connection to centralized water and sanitary sewer, or water well and septic system and require a temporary trailer permit from the Zoning Inspector.

8. The front yard shall remain open and unoccupied of all structures and equipment in all districts.

9. "Parking" for the purpose of "storage" means the placement or parking of a commercial vehicle or trailer anywhere in any zoning district for any period of time other than that time actually spent for the ordinary, customary, and reasonable time required for loading, unloading or cleaning, but not to exceed seventy-two (72) consecutive hours.

10. No licensed or unlicensed vehicles on which a "for sale" sign is placed shall be parked, stored or sold on any lot or within an enclosed building on any lot used for office, business or industrial purposes.

11. The following vehicles shall be prohibited from parking on Residential, Estate, Town Center and Office districts property unless enclosed in a garage.

Sign Regulations
 
Section 7.31 Sign Regulations

 
1. Purpose:
 
The sign regulations are designed to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, and to promote the safety of travelers on roadways by regulating the use, location, and size of outdoor advertising and signs of all types.
 
2. General Provisions:
 
The following regulations shall apply to all signs in all zoning districts: (7-15-2011)
      1. A sign other than a nameplate advertising a product or service shall be permitted only on the premises where such product or service is sold or available.
      2. Any internally illuminated sign or lighting device, UL approved, shall employ only an emitting light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving lights, with the exception of a message sign consisting of time, temperature or public information. All electric service to signs must be underground with UL approved lighting.
      3. It is unlawful to erect or maintain strings of pennants, banners or streamers,     festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons and similar devices of a carnival character. Items not prohibited are National/State flags properly displayed; streamers, banners, etc., used for a period not to exceed one (1) week to call attention to the grand opening of a completely new business building.
      4. No sign shall be permitted on the roof of any structure.
      5. No sign shall project over or obstruct any windows or doors of any building, or be attached to, or obstruct any fire escape.
      6. Maintenance of the sign is the responsibility of the owner. The integrity of the sign panels must be secure and free from cracks. All sign structures must be secured to eliminate any electrical and mechanical hazards. Upon notice from the Zoning Inspector all signs must be put in a safe and secure order within thirty (30) days or be removed by the owner.
      7. Signs shall not in any way resemble or duplicate traffic signals or traffic directional signs.
      8. No sign shall be located within any public right of way, except as set forth in subsection 7 below.
      9. All signs, except directional signs, shall maintain a ten foot (10') setback from any street right-of-way line or side lot line.
      10. All signs in the AG Agricultural, OF Office, TC Town Center, and BP Business Park Districts shall be removed by the owner of the departing business interest, or by the owner of the real estate, upon a change in ownership of the real estate, leasehold interest, or business operation, or upon cessation of the business operation. The new owner, lessee, or business operator must comply with all applicable requirements for any new sign.
      11. The surface area of a sign shall be computed as including the entire area within a regular, geometric form comprising of the one side and including all elements of the matter displayed including any frame. The allowable surface area shall be measured on only one side of a two-sided sign. Where a sign consists of individual, unconnected letters, the surface area of such sign shall be the sum of the surface areas of the rectangles enclosing each individual letter and/or frame and shall exclude the space between such rectangles.
 
3. Signs Requiring a Zoning Permit:
 
    1. Building Mounted Sign: One (1) per business establishment, on front lot line wall only, not to exceed twenty-four (24) square feet or three percent (3%) of the total surface area of the wall, projecting no more than eighteen inches (18") from the surface of the wall at a minimum height of ten feet (10') from the surface of the finished grade.
    2. Casual Sale Sign: One (1) non-illuminated sign per lot not to exceed two (2) square feet. Casual sale signs shall not be placed on utility poles and shall comply with all applicable setback requirements. Such signs shall be permitted on two (2) separate occasions per year for a maximum duration of three (3) days.
    3. Directional Sign: Permitted in the OF, TC, BP Districts only. One (1) per each ingress and egress. Three (3) pedestal signs permitted per business establishment not to exceed six (6) square feet, with a maximum height of four feet (4'). One (1) overhead per each ingress and egress lane of drive-thru establishments not to exceed ten (10) square feet, with a minimum ground clearance of eight (8) feet in height. Directional signs shall be limited to the name and logo identifying the business on the premises and directional verbiage and/or arrows. (06/08/2012)
    4. Fund Raiser Sign: Non-illuminated sign, not to exceed thirty-two (32) square feet. Fund-raiser signs shall not be placed on utility poles and shall comply with all
    5. applicable setback requirements. Signs may be erected (28) twenty-eight days prior to event and must be removed within (48) forty-eight hours after the event.  The permit fee is waived for all non-profit organizations. (6/13/08)
    6. Home Occupations Sign: One unlighted nameplate not more than three (3) square     feet     in area announcing the name and occupation shall be permitted for a “Home Occupation”.  Such sign shall be attached to the dwelling structure.
    7. Pedestal Sign: Permitted in the OF, TC and BP zoning districts only. One (1) pedestal sign shall be permitted per business establishment. The sign shall be mounted on the ground. No mounding shall be permitted. Pedestal signs shall not exceed thirty-six (36) square feet or a maximum height of six (6') feet.
    8. Subdivision Entryway Sign:
        1. A wall with a non-illuminated sign or logo shall be permitted at one (1) entryway to a subdivision with more than fifty (50) lots.
        2. The face of the wall shall not cover more than ninety-six (96) square feet of space.
        3. The wall shall not exceed a height of eight feet (8') above the finished grade elevation at the base of the wall.
        4. The wall shall be setback no less than twenty feet (20') from any street right-of-way line and no less than ten feet (10') from any side or rear lot line.
        5. A sign or logo shall be permitted providing such sign or logo is attached to the face of the wall. The top edge of the sign or logo shall not extend above the top of the wall. The bottom edge of the sign shall be two feet (2') above     the finished grade elevation at the base of the wall.
        6. The face of the sign or logo shall be no more than thirty-six (36) square feet in area.
4. Signs Not Requiring a Zoning Permit:
    1. Nameplate: One (1) nameplate not to exceed three (3) square feet in total area shall be permitted per dwelling.
    2. Project Sign: One (1) non illuminated sign per lot identifying the construction company(s), not to exceed thirty-two (32) square feet for new construction and sixteen (16) square feet for repair and remodeling.
    3. Pre-Construction Sign: One (1) pre-construction sign shall be permitted in connection with any residential subdivision, multiple family, business or industrial development, however, when fifty percent (50%) of the development is completed such sign shall be removed from the premises.
    4. Repair and Remodeling Sign: One (1) repair and remodeling sign, not to exceed sixteen (16) square feet in total area. Repair and remodeling signs shall be permitted for a period not to exceed thirty (30) days.
    5. Real Estate Sign: One (1) non-illuminated sign per lot related to the sale or lease of the property.
      1. Residential Districts under two (2) acres, four (4) square feet.
      2. Residential Districts over two (2) acres, sixteen (16) square feet, maximum height six (6) feet.
      3. Town Center (TC), Business Park (BP), Office District (OF) under two (2) acres, sixteen (16) square feet, maximum height six (6) feet.
      4. Town Center (TC), Business Park (BP), Office District (OF) over two (2) acres, thirty-two (32) square feet, maximum height six (6) feet. (7-15-2011)
    6. Other Signs: Signs not otherwise subject to specific provisions of this Resolution shall not exceed four (4) square feet in area.
5. Visibility at Intersections:
 
Signs shall not be located within the triangular area at the intersection of any two street right-of-ways or street right-of-ways with railroad grade crossings formed by a straight line drawn between said right-of-way lines at a distance along each line of thirty feet (30'), measured from their point of intersection.
 
6. Permit Fee:
 
A schedule of the sign fees adopted by Resolution and established by the Trustees are on file in the Zoning Inspector's office located at: 3339 Dobbins Road, Poland Township, Ohio, 44125.
 
7. Limitation of this Section:
      1. The Ohio Revised Code confers limited authority upon the Township to regulate the following types of signs:
      2. Signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance, or governmental regulation, are hereby exempt from meeting the sign regulations of this Resolution.
      3. Signs along the Federal Interstate Highway System and primary Federal, State and County highways shall comply with the applicable 'Sections of the Ohio Revised Code, and Resolutions adopted thereto, in addition to complying with the applicable Articles and Sections of this Resolution.
      4. Billboards permitted in AG Agricultural, (OF) Office, (TC) Town Center, or (BP) Business Park Districts only; not to exceed two-hundred (200) square feet; must be pole mounted with a minimum ground clearance of ten (10) feet, maximum structural height of Twenty-five (25) feet.  No part of the sign or supporting structure shall extend beyond the Allowable Building Area. (10/13/2005)
Swimming Pool Regulations
 
Section 7.13 Swimming Pools
pdfSwimming Pool Regulations PDF Download

 
1. Family Swimming Pools
      1. The depth within a family swimming pool shall be clearly marked on the surface of the pool.
      2. Lighting shall be so arranged and shaded so as to reflect light away from adjoining properties and streets.
      3. Commercial undertakings involving the retail sale of food, drinks or other merchandise shall be prohibited.
      4. The pool or yard shall be completely surrounded by a fence not less than six feet (6') high to prevent easy access from adjoining properties. The fence shall have a self closing gate.
      5. The pool shall only be located in the rear yard of the lot with all components, including deck areas and patios located at least ten feet (10') from all property lines.
      6. Pools that are no longer useable shall be filled in or removed.
2. Temporary Pools
      1. The depth within a family swimming pool shall be clearly marked on the surface of the pool.
      2. Portable or inflatable pools may not be installed or erected prior to May 1 and shall be removed by October 1 of the same year.
      3. Portable or inflatable pools shall only be located in the rear of the lot with all components, including deck areas and patios, located at least ten feet (10’) from all property lines.
      4. Lighting shall be so arranged and shaded so as to reflect light away from adjoining properties and streets.(10/13/2005)

Print