FAQ: Do I Need A Permit?

“Do I need a permit?”

Depending on your project, you may or may not be required to obtain a permit from our office. Some projects must be approved on a case by case basis by the Planning Commission*. By reviewing this article you'll be able to find out if you need a permit, and what kind you need to apply for.

Please note that starting work on a project that requires a permit without obtaining approval first from this office may result in additional fees, and possibly a citation. Furthermore, once you’ve obtained your Zoning permit, you may also be required to contact Greene County Building Regulations to obtain additional required building permits.  This entirely depends on the project being performed, so we recommend you contact them to be sure. Please also note that in many cases Greene County will not issue a building permit until they are presented with the approved Zoning permit from our office. 

If you plan on doing any kind of digging for your project, you also will be required to contact Ohio Utility Protection Service (OUPS) prior to starting your project. 

Please click here for our current fee schedule. (Up to date as of 3/30/2020)

Please click here to view the Zoning District Map. (Up to date as of 3/30/2020)

Still not sure? Feel free to email or call us, (937) 767-1702 (please leave a detailed message if no answer), dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

 

1272.01   ZONING PERMIT REQUIRED.
      (a)   A zoning permit shall be required and shall be obtained from the Zoning Administrator by the property owner or his or her agent:
      (1)   Prior to the construction, occupancy or use of any proposed structure or addition to an existing structure, or prerequisite to the continued occupancy of a newly altered, reconstructed, enlarged or relocated structure;
      (2)   Prior to any change of use of any building or land, even if the changed use is of the same general type as its predecessor;
      (3)   Prior to the reoccupation or reuse of any nonresidential lot or structure, unless the Zoning Administrator finds that all of the following apply:
         A.   The reoccupation or reuse results in a land use that is authorized by right in the zoning district;
         B.   The reoccupation or reuse is of the same or less intensity of use than the predecessor use;
         C.   The reoccupation or reuse does not require any exterior changes to the approved site, other than signs or aesthetic changes (e.g., exterior painting, etc.); and
         D.   The reoccupation or reuse does not require a greater number of off-street parking spaces, according to Chapter 1264, than are provided on the site.
   (b)   Any proposed use or construction outlined in subsection (a), above that requires review and approval for planned unit development, conditional use or site plan review shall be approved according to Chapter 1254, 1262 or 1268, as applicable, prior to issuance of a zoning permit.
   (c)   No building permit or other permit required to allow construction and no certificate of occupancy shall be issued for any of the above, unless a zoning permit has been issued by the Zoning Administrator.
   (d)   The zoning permit shall state that the plans for the proposed improvement, addition, relocation, change of use or reoccupancy/reuse have been inspected by the Zoning Administrator, have been approved according to the procedures outlined in this zoning code, and are in compliance with the provisions of this code and other applicable regulations.
   (e)   Upon written request from the owner or tenant, the Zoning Administrator shall issue a zoning permit for any building, structure or premises existing on the effective date of this zoning code  hat certifies, after inspection, the extent and kind of use made of the building, structure or premises and whether the use conforms to the provisions of this code.


“I want to…”

 

Install/Replace/Repair my fence… Do I need a permit?

Yes.

This type of project requires a Fence permit.  Fences may be installed directly on your property line.  You are responsible for knowing where your property lines are, and if you aren’t sure the exact location of your property lines, we recommend contacting a surveyor to locate your property pins.  You may contact us for a list of local surveyors for your consideration.

Furthermore, there is a ten-foot utility access easement along each side of your property to allow access to utilities that are in need of maintenance or repair. Therefore, in an emergency situation, the Village retains the right to remove the fence and will not be held responsible for the cost of repair/replacement. See section 1260.01 General Provisions of the Codified Ordinances for details.

Repairs may constitute a portion or the entire fence.  If the height, location, and type of fence is not going to change, this may not require a permit.  However, we highly recommend you verify with our office first to confirm that you may proceed without a permit.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

Renovate the interior of my home/building…Do I need a permit?

No.

Renovations and routine maintenance of the interior or exterior of an existing property, that does not change the use or dimensions of the property, does not require a Zoning permit, but you may need to contact Greene County Building Regulations for a permit depending on the work you intend to do.

1272.01(f)(3) Cosmetic (non-structural) changes to any structure, including the replacement of windows in existing openings, re-roofing, installation of siding material and repainting; 

Examples of renovations that would change the way the property is used would be:

  • Adding an apartment or separate housing unit to the primary or secondary structure present on the lot. (See, in this article, "Add an in-law suite/apartment to my home or garage")
  • Remodeling a space to be used for an entirely different purpose (house into a restaurant, retail shop into a house, etc…)
  • Building an addition.

These examples will require additional steps, and may not be permitted depending on the Zoning district.  We encourage you contact our office with your plans to find out the next step. Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

Repair my roof, or add/repair a walkway, driveway, or patio… Do I need a permit?

Possibly.

Will you need to park any work vehicles/dumpsters the street or sidewalk, or in any way temporarily occupy the public street or sidewalk to perform this work?  If yes, you will be required to apply for a Working in the Right-of-Way permit.  However, the activity of roof repair, or walkway repair itself does not require a permit.

1272.01(f)(3) Cosmetic (non-structural) changes to any structure, including the replacement of windows in existing openings, re-roofing, installation of siding material and repainting; 

A certificate of liability insurance will be required with your application.  Once the project is complete, the permitted entity is required to contact the Public Works department to confirm work is complete and receive an inspection.

Driveways require a Working in the Right-of-way permit, please consult our driveway standards here in Section 1260.03 our Codified Ordinances.  After the driveway is complete, you will need to contact our Public Works Department for an inspection. 

New driveways, walkways or patios do not require a permit, but your new driveway must adhere to our driveway standards (click here).  Walkways may connect to the sidewalk/street, but patios may not be built in the setback areas as established for each Zoning district. (Click here to learn more about Zoning Districts.)

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

Put up a sign for my business… Do I need a permit?

Yes.

A permit is required to put up a sign, generally.  There are some types of signs that are exempt, please review Chapter 1266 Signs of the Codified Ordinances for more details, or give us a call.  Click here for the Sign permit and additional information.

Please note that signs have setback requirements if they are free standing, even in Zoning Districts where no setbacks are established.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

Build/Install a shed… Do I need a permit?

Depends on the size.

However, some small prefab sheds sold at hardware stores may not require a permit, if they are below a certain size (see below).  Furthermore, they must adhere to setback requirements, even if they do not need a permit.

1272.01(f)(1)  A zoning permit shall not be required for the following: An accessory structure on a lot zoned or used for residential purposes that is less than 144 square feet in ground floor area and no higher than 10 feet;

      (3)   Accessory buildings and structures may be erected in a rear yard if set back at least ten feet from the rear and five feet from the side property lines.

For sheds above that size, you will need an Accessory Structure permit. There are limitations on the size of a shed you can install, as well as the location it can be.  Lot coverage limitations also apply, and that depends on your Zoning District. All structures built in the Village must include a storm water mitigation plan. Please see the full list of requirements below;

1260.04(a)   Accessory Buildings and Structures.

      (1)   Accessory buildings or garages shall be considered to be part of the principal building and subject to all setback requirements of the principal building, if structurally and architecturally integrated into the building or if attached by an enclosed breezeway or similar enclosed structure not greater than ten feet in length. Detached accessory buildings shall be located at least ten feet from any principal building.

      (2)   Accessory buildings and structures shall not be erected in any front yard.

      (3)   Accessory buildings and structures may be erected in a rear yard if set back at least ten feet from the rear and five feet from the side property lines.

      (4)   An accessory building or structure designed for and containing a vehicle entrance to be accessed from an existing publicly dedicated and commonly used alley may be located on the rear lot line, if parking space plans have been approved by the Zoning Administrator.

      (5)   The height of an accessory structure shall not exceed 18 feet when a hip or gable roof is used, 15 feet when a mansard or gambrel roof is used and 12 feet when a flat or shed roof is used, except when a dwelling unit is included in the structure, in which case the height shall not exceed 24 feet. 

      (6)   Accessory structures shall not exceed 66% of the principal building’s gross floor area or 800 square feet, whichever is less.

      (7)   An accessory building or accessory structure shall not be constructed or occupied on a lot before the principal building or use on the lot is constructed.

      (8)   Accessory buildings and structures in planned unit developments shall be subject to the same requirements as in the Residential Districts.

      (9)   Accessory structures located in a designated flood hazard area shall comply with the additional provisions set forth in Chapter 1282.

      (10)   Swing sets, playground equipment, garden trellises, well-head covers, portable or temporary pools less than 24 inches in depth, and similar above- ground yard equipment accessory to a residential use shall be exempt from the provisions of this zoning code, except for height limitations, or unless specific provision is made for such equipment by Village ordinance.

      (11)   Buildings and structures accessory to nonresidential uses shall meet the minimum setback requirements and height limitations for principal buildings in the respective zoning district. 

      (12)   Accessory structures and buildings shall share all public utilities (water/ sewer/electric) with the principal building. Accessory structures and buildings will not be separately metered.

Table 1248.03a Dimensional Requirements: Residential Districts
R-A                            35% Lot Coverage

R-B                            40% Lot Coverage

R-C                            50% Lot Coverage

If you are not in a residential district, please click here to see the other district requirements. To find out what district you are in, you may review the Zoning District Map by clicking here.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

Build a garage… Do I need a permit?

Yes.

For detached garages, similar to sheds over 144 square feet in floor space and over 10 feet in height, you will need an Accessory Structure permit. Please refer to "Build/Install a shed" above for the list of requirements for Accessory Structures.

We also recommend reviewing the driveway topic in this article, as those standards will still apply, and you may need a Working in the Right-of-Way permit.

If you are interested in building a garage with an apartment/in-law suite above it, please read the next topic “Add an in-law suite/apartment to my home or garage” for the requirements. If you plan on building a garage with a dwelling unit, the height cannot exceed 24 feet. 

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

Install a pool or spa... Do I need a permit?

Yes.

This is considered an Accessory structure and all the requirements outlined under "Build/Install a shed" apply. We have a permit specific for Pools and Spas.  Click here for the permit applications.

1260.04(a)(13)   Private swimming pools and spas.
All private swimming pools and spas shall be considered accessory structures and may be constructed in any rear yard not closer than five feet from any property line or building, excluding zoning districts Conservation and I-2 (Industrial) and must meet the following criteria:

  1. Every person owning land on which there is situated a swimming pool or spa shall erect an adequate enclosure or fence surrounding either the property or pool area, sufficient to make such body of water inaccessible to small children.  Such enclosure or fence, including gates therein, shall not be less than four feet above the outside underlying ground and shall be of a type of construction which cannot be easily climbed by small children. All gates shall be self-closing and self-latching with latches placed at least 42 inches above the outside underlying ground or otherwise made inaccessible from the outside to small children. A dwelling structure, garage or accessory building of at least four feet in height may constitute a portion of such enclosure. A natural barrier, hedge, removable ladder or other protective device may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, fence, gate, and latch described herein. 
  2. A hot tub or spa secured by means of a rigid and locking cover shall not require a fence.
  3. Any lighting used to illuminate the pool shall be so arranged and shaded as to reflect light away from adjoining properties and public streets.
  4. All swimming pools and spas shall be maintained in good condition so as to prevent the growth of organisms which constitute a health hazard and to prevent the breeding of insects. 

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

Install Solar Panels... Do I need a permit?

Yes.

Solar panels require an Accessory Structure Permit, and if you intend to build a racking structure, that may require an additional permit.  See all the Accessory Structure requirements under "Build/Install a shed".

You can also send the excess power generated back into the Village grid by applying for a Solar Interconnection Agreement, though this is not mandatory.  If you generate more than you use, you may receive a monthly credit to your Village electric bill, and at the end of each calendar year if you still have a credit, a refund will be issued.

This will require an electrical inspection from Greene County Building Regulations before you can proceed with connecting the panels to your homes electricity. Please contact them after you've received your Zoning permit from our office for next steps.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

Build an addition attached to my building/home… Do I need a permit?

Yes.

Like Garages, you will need an Accessory Structure permit.  If you plan on building two additions at once, you only need one permit. Detailed drawings of the site plan will be required.  The addition must follow the Setback and lot coverage requirements for the Zoning district it is located in.  Click here to read how you can calculate your setback and ensure compliance.  Please see "Build/Install a shed" earlier in this article for a full list of requirements for additions.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

Add an in-law suite/apartment to my home or garage… Do I need a permit?

Yes. And a Conditional Use Hearing* is required
(what is a “Conditional Use Hearing?” Click here to learn more.)


Adding a secondary dwelling inside the primary home, or above a garage, is considered a Conditional Use, and a public hearing before Planning Commission is required for approval.  There are specific requirements that will need to be met for approval.

1262.08(e) Conditional Use Requirements

      (1)   Accessory dwelling units.

  1. An accessory dwelling unit may be located within a principal single-family detached dwelling or a detached accessory building on the same lot as a principal dwelling.
  2. The accessory dwelling unit shall share all public utilities (water/ sewer/electric) with the principal dwelling unit. Accessory dwelling units will not be separately metered.
  3. A minimum of one off-street parking space shall be provided on the lot for the accessory dwelling unit in addition to the off-street parking spaces required for the principal dwelling unit.
  4. The accessory dwelling unit shall be limited in size to a maximum of 66% of the total living area of the principal dwelling or 800 square feet of the total living area of the principal dwelling or 800 square feet, whichever is less.
  5. The accessory dwelling shall contain a living area, one bath and a kitchenette (including a refrigerator, microwave oven and/or stove, and sink) and may contain not more than one bedroom.
  6. No more than two adults shall occupy the accessory dwelling unit.
  7. No new access points or driveways shall be created or installed for access to the accessory dwelling unit.

If you plan on building a detached accessory dwelling, the height cannot exceed 24 feet.  Please see "Build/Install a shed" earlier in this article for a full list of Accessory Structure Requirements.  Setback and lot coverage requirements apply, and vary depending on what your property is Zoned.  Click here to read how you can calculate your setback and ensure compliance.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

To rent out a room/apartment on AirBnB, or another type of short term (daily/weekly) rental… Do I need a permit?


Yes. And a Conditional Use Hearing* is required

(what is a “Conditional Use Hearing?” Click here to learn more.)

Not only do you require a permit for running a short-term, day-to-day, or week-to-week rental establishment (we call them “Transient Guest Lodgings”, or “TGLs” for short), this is considered a Conditional Use, and a public hearing before Planning Commission is required for approval.

There are specific requirements regarding the operation of a TGL.  Click here to read the ordinance.

Documents for this process can be accessed here.

Operating a TGL also requires you to file a Lodging tax return bi-annually by July 31st for the period of January 1st to June 30th, and by January 31st for the period of July 1st to December 31st.  Click here to learn more about the Lodging Tax and how to file your report. Please note; a report is required even if you’ve earned no income for the time period, so long as you have a valid TGL permit.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

 

To build a new home that is single/multi family, or a new commercial building.


Yes.

This likely will require more than one kind of permit, but primarily will require a New Construction permit.  Like with roof or driveway repair, if you need to occupy the right-of-way to perform the work, a Working in the Right-of-way permit will be required.  The permit, and utility tap fees must be paid all together up front in order to obtain your New Construction permit.  As of June 2020, the tap fees are a total of $1,600 (Water, $600.  Sewer, $750.  Electric, $250.)

Setback and lot coverage requirements apply, and vary depending on what your property is Zoned.  Click here to read how you can calculate your setback and ensure compliance.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

 

To operate a business out of my home… Do I need a permit?

Yes.

If you would like to operate a business out of your home, you will need a Home Occupation permit.  However, fees may not be charged depending on what type of business you intend to operate. Not all Home Occupations are permitted, and some are considered a Conditional Use. (what is a “Conditional Use Hearing?” Click here to learn more.)

1262.08(e)(5) Conditional Use Requirements

 (5)   Home occupation.

  1. Permit.  Application for a home occupation permit shall be made to the Zoning Administrator, together with payment of such fee as may be established by Village Council. The requirement for a permit shall be waived if all of the following conditions apply to the home occupation: the proposed home occupation will not employ any persons other than residents of the dwelling; the home occupation is such that it will not generate customers, clients or visitors to the home; there will be no sign on the property identifying the home occupation and all other provisions of this section shall be met.
  2. If the Zoning Administrator cannot determine if the home occupation conditional use requirements are met, in his or her sole discretion the Zoning Administrator may refer the matter to the Planning Commission for a conditional use hearing in accordance with the procedures of this chapter.
  3. The use shall be conducted entirely within the dwelling, with the following exception(s):
  4. The use may be conducted entirely within a garage or accessory building unattached to the dwelling in property zoned R-A,  or R-B or R-C as long as the use is not prohibited in a Planned Unit Development, recorded deed restrictions or other similar applicable recorded restrictions upon the parcel.
  5. Any dwelling, garage or accessory building used in the home occupation shall comply with all other applicable Village ordinances and requirements and shall not be nonconforming with respect to lot, width and dimensional requirements.
  6. The use shall be carried on only by the residents of the dwelling and not more than one other person.
  7. The use of the dwelling for a home occupation must be clearly accessory, incidental and subordinate to the permitted principal residential use, and shall not utilize more than 20% of the usable floor area of the principal dwelling or its equivalent if conducted within an accessory building, or 250 square feet , whichever is less.
  8. The appearance of the dwelling shall not be altered, nor shall the occupation within the dwelling be conducted in any manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, vibrations or light that carry beyond the premises.
  9. No outdoor storage, activities or displays shall be permitted.
  10. No combustible, toxic or hazardous materials may be used or stored on the premises, except in a safe manner and in full compliance with all Federal, State and other governmental requirements concerning the use, handling, transport, storage and disposal of any such materials.
  11. There shall be no activity that would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibrations, smoke, dust, odors, heat or glare noticeable at or beyond the property line. The use shall not create a nuisance for the public and any surrounding property.
  12. Traffic generated by the combined home and home occupation shall be compatible with traffic normally expected in a residential district.  Vehicles used in the home occupation or making deliveries shall be no larger than utility vehicles commonly used for noncommercial purposes, i.e, pick-up trucks, vans, panel trucks and the like and parcel package delivery trucks. 
  13. The home occupation shall not entail more than eight client visits per day or 40 per week. The operator of the home occupation is responsible for maintaining a log of such visits.
  14. Parking of motor vehicles shall be limited to one vehicle used for the home occupation per parcel. Parking generated by the conduct of the home occupation shall be provided for on the lot's driveway, which shall meet the minimum size requirements for off-street parking set forth in Chapter 1264. Parking of motor vehicles generated by the home occupation are not allowed on the street or on any unpaved area of the lot.
  15. In the event any of the above conditions or other conditions required by the Planning Commission are not met, the revocation process as set forth in Section 1262.06 shall take place.

Please complete a Home Occupation permit with detailed information on the business you'd like to start in your home and send it to our office. We will reach back out to you with the next steps.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

To open a new business in an existing or recently renovated property… Do I need a permit?

Yes.

If there is going to be any change of use in a business zoned property, even if the new business is the same type and is a permitted use, you are required to obtain a Zoning Compliance Certificate from our office.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us 

To demolish a structure… Do I need a permit?

Yes.

Demolitions require a Change of Use permit, and a checklist to have signed off by utility companies once each utility has been successfully disconnected.  Completion of this permit and checklist is required, and once you have completed it you will then need to contact Greene County Building Regulations to continue the process before proceeding with the demolition.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us

Exemptions

There are certain projects and activities that do not require a permit, though nearly all must adhere to the setback, and lot coverage requirements of each Zoning District.  We always recommend contacting our office to be certain a permit is not required before beginning work.

The following are exempt from permits, per Chapter 1272 and Chapter 1260 of the Zoning Code.

  • Patios that are not raised
  • Accessory (detached) structures of less than 144 square feet in footprint and no taller than 10 feet.
  • Swing sets, playground equipment or other children's play furniture. (height limitations still apply per Zoning District)
  • Cosmetic (non-structural) changes to any structure, including the replacement of windows in existing openings, re-roofing, installation of siding material and repainting.
  • Resurfacing of existing parking lots without increasing the number of spaces (Right of Way permit may be required).
  • Residential TV towers, satellite dishes and similar structures.
  • Modifications to comply with accessibility requirements, unless proposed to encroach in a public right-of-way.
  • Garden trellises, well-head covers.
  • Portable or temporary pools less than 24 inches in depth.

Please feel free to contact us with any questions by phone or email. (937)767-1702, dswinger@vil.yellowsprings.oh.us or rbehrens@vil.yellowsprings.oh.us


 


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