This Code, consisting of Chapters 1000 through 1399 of the Codified Ordinances of Barberton, Ohio, shall be known, cited, and referred to as: The City of Barberton Development Code.

This Code is adopted under the authority of:

   (1) the powers granted to the City of Barberton as a Charter City, and

   (2) Section 711.101 of the Ohio Revised Code for subdivision regulations, and

   (3) Section 713.06 of the Ohio Revised Code for zoning regulations, and

   (4) Section 715.27 of the Revised Code for sign, fence, and related regulations.

This Code is adopted to improve and protect the public health, safety, and welfare of residents of the City.  To this end the Code seeks:

   (1) To further the implementation of the City's Comprehensive Plan in such a manner as any changed conditions since its adoption require

   (2) To prevent new construction or alteration or expansion of existing construction that does not comply with City regulations

   (3) to promote the orderly layout and utilization of land

   (4) to further safe and efficient circulation of motor vehicles and pedestrians

   (5) to provide adequate public services and facilities for City residents

   (6) to make adequate provision for water supply, sewerage, storm water drainage, other utility services, schools, parks, playgrounds, and other public areas

   (7) to ensure adequate legal description and survey monumentation of subdivided land.

Upon enactment of this Code, there shall thereby be repealed the following City regulations:

   1. the Land Planning and Subdivision Regulations, and

   2. the Planning and Zoning Code, and

   3. Chapter 1448, Building in Flood Plain Areas, of the Building Code.

In addition, the Zoning Resolution of Coventry Township shall upon enactment of this Code no longer have applicability in any part of the City.

Except as may have been provided in the enacting ordinance, no other ordinance, regulation, annexation agreement, or private agreement, covenant, or easement is intended to be repealed or abrogated. 

This Code shall be in full force and effect on the date of effect specified in the enacting ordinance.

If any court of competent jurisdiction shall adjudge invalid any provision of this Code, such judgment shall not affect any other provision hereof not specifically included in said judgment.

Further, if such court shall adjudge invalid the ap-plication of any provision hereof to a particular property, such judgment shall not affect the application of said provision to any other property not specifically included in said judgment.

Except in conformity with the applicable provisions of this Code, within the area of geographic applicability defined herein:

   (1) no land shall hereafter be divided, conveyed, monumented, recorded, or transferred, and

   (2) no division of land shall be submitted for recording with the Recorder of Summit or Wayne County, and

   (3) no building, structure, land, body of water, air rights, or other premises in the City shall hereafter be improved, constructed or constructed upon, developed, used, established, maintained, occupied, altered, converted, enlarged or moved.

The regulations of this Code shall apply to all parts of the City of Barberton and to all land annexed to the City.

The provisions herein shall, in their interpretation and application, be considered minimum requirements.

In any case in which any portion of this or any other City code, ordinance, or any other applicable county, state, or federal law or regulation or any kind of private agreement, covenant, or easement applying within the City, establishes a requirement that is either more or less restrictive than a particular requirement established herein, the provision that is the more restrictive or that imposes the higher standard or requirement shall govern.

Except that among the regulations of the City, a provision establishing a rule for a specific case or exception shall govern in lieu of a provision that establishes a more general rule applying to a broader class of properties or situations.

No building, structure, or use not lawfully existing on the date of effect of this Code shall be made lawful solely by the adoption thereof.  Such structure or use shall remain unlawful hereunder to the extent that it is in conflict with the requirements of this Code.