As used in this Zoning Code:

The word "shall" shall be interpreted as mandatory and shall be complied with unless waived by the appropriate commission, board or authority having jurisdiction; "may" shall be interpreted as having permission or being allowed to carry out a provision; "should" shall be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved.

All words used in the singular shall include the plural and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.

The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for", or "occupied for".

The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.

"Build" means establish, construct, erect, assemble, reconstruct, enlarge, alter, or develop.

"City" means the City of Beachwood, Ohio.

"Code" means the Zoning Code of the City, unless otherwise designated.

"Commission" means the Planning and Zoning Commission of the City.

"Council" means Council of the City.

"Developer" means a person or firm commencing proceedings under this Code to effect a subdivision or development of land for himself or herself or for another.

"District" means a section of the City for which uniform zoning regulations, as provided herein, govern the use of land, structures, and premises, the permitted height, and area of structures and the area or open spaces about structures.

"Engineer" means the Engineer of the City.

"Lot" means a parcel of land, the perimeter of which has been approved by Council and recorded at the office of the County Recorder.

"Person" means an individual, firm, association, corporation, trust or other legal entity.

"Regulation" means a rule, restriction or other mandatory provision intended to control, require, or prohibit an act and includes "requirement".

(Ord. 2018-94. Passed 10-21-19)

"Accessory Use" or "Accessory Building" means a permitted subordinate use or building which is located on the same lot with and incident to the main use or main building and which is subordinate in area, extent, and purpose to the main use or building served.

(Ord. 2018-94. Passed 10-21-19)

"Apartment" means a suite of rooms in a Multi-Family Dwelling (hereinafter defined) which is occupied as a residence and which is arranged to share either common walls, floor, land, or hallways with other such residences.

(Ord. 2018-94. Passed 10-21-19)

(a)

"Building Ground Coverage" or "Building Area" means the horizontal area of ground covered by a building and is measured from the vertical projections of the outermost wall surfaces of the building and generally expressed in square feet or as a percentage of the total lot area.

(b)

"Dwelling Unit Area" means the horizontal area of usable and habitable space available exclusively to the occupant within a dwelling unit and is measured from the interior wall faces of the dwelling unit.

(c)

"Gross Floor Area" means the floor area within the perimeter of the outside walls of the building under consideration, without deduction for fire stairways, elevators, closets, or thickness of exterior walls, expressed in square feet.

(d)

"Lot Area" (site area) means the total horizontal area within a lot boundary line, expressed in square feet or acres.

(Ord. 2018-94. Passed 10-21-19)

"Basement" means a portion of a building partially or entirely underground whose ceiling, or underpart of the floor above, is four feet (4') or less above the average finished grade elevation. "Sub-Basement" means any story which is below a basement level and is entirely below grade.

(Ord. 2018-94. Passed 10-21-19)

"Buffer Area" means an area of land, together with landscaping, fencing, walls and/or hedges required by this Code and approved by Commission and/or Council, which may be required to separate uses or zoning districts to eliminate or minimize conflicts between them.

(Ord. 2018-94. Passed 10-21-19)

"Building" means a structure permanently built and affixed to the land which is maintained or intended for the shelter or enclosure of persons, animals or property of any kind. The term shall be used synonymously with "structure", unless specific structures are noted, and shall be construed as if followed by the words "or part or parts thereof". "Structure" means that which is constructed on or under the ground or connected thereto and includes, but is not limited to, buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, sheds, signs, walls, and the like.

(Ord. 2018-94. Passed 10-21-19)

"Building Height" means the vertical distance from the finished grade at the centerline, six feet (6') perpendicular to the front, to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one street, Commission shall determine the front. The finished grade may not be less than the average finished grade across the width of the lot measured at the front building line.

(Ord. 2018-94. Passed 10-21-19)

"Building Line" (set-back line) means a line parallel to and measured from a street line or front lot line defining the limits of a front yard in which no building structure or use may be located above ground, except as provided in this Code. If no building line is established or if building lines are in conflict, then the Commission shall determine the building line using other similar standards in the City. A building line may be set on the Zone Map.

(Ord. 2018-94. Passed 10-21-19)

"Building Permit" means a permit issued by the Building Commissioner to construct, alter or repair a building or part thereof exactly as shown on plans approved by the City.

(Ord. 2018-94. Passed 10-21-19)

"Business Services" means services provided primarily to other business operations, which may include consulting services, property and/or equipment maintenance services, financial and/or accounting services, computer and/or information management services, advertising and/or graphic services, and similar operations.

(Ord. 2018-94. Passed 10-21-19)

"Places of Worship" means any buildings or land, including, but not limited to, churches, synagogues, mosques, or temples designed and/or regularly or customarily used for religious services and worship by a congregation that gathers together for prayer. "Places of worship" may include customary ancillary activities commonly associated with religious practice such as theological education and training and accessory facilities such as incidental living quarters.

(Ord. 2018-94. Passed 10-21-19; Ord. No. 2023-11, § 1 (Exh. B), 9-5-23)

"Conditional Use Permit" means a use (hereinafter defined) which is permitted in a district only by a conditional use permit as regulated herein. The nature of each conditional use, or its effect upon persons or property, requires consideration and approval under special or conditional circumstances and such conditional uses shall only be permitted when specific findings are made and when that conditional use has met the conditions set forth in this Code.

(Ord. 2018-94. Passed 10-21-19)

"Condominium Conversion" means the conversion of an existing building to a condominium property which was not developed for that purpose. Such conversion shall require a new Occupancy Permit in compliance with these Codified Ordinances and applicable State law for each condominium unit.

(Ord. 2018-94. Passed 10-21-19)

"Condominium Property" means and includes the land, together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted in accordance with Ohio R.C. Ch. 5311.

(Ord. 2018-94. Passed 10-21-19)

"Density" means a unit of measurement which describes either the number of dwelling units per acre of land or the amount of land or site area per dwelling unit.

(Ord. 2018-94. Passed 10-21-19)

"Site Development Plan" means a required set of preliminary and final drawings submitted to induce the Commission to grant an approval or recommend an approval to Council as required in certain districts for any man-made change to any structure or land or to the intensity of use of any structure or land. Such plans indicate topography, proposed buildings, areas, uses, open spaces, parking, etc., as required and in sufficient detail to evaluate a proposal in compliance with the standards of this Code.

(Ord. 2018-94. Passed 10-21-19)

"Dished Satellite Antenna" means any antenna and its appurtenances designed or used to receive or transmit signals from or to satellite stations, including spherical or parabolic dished-type antennas.

(Ord. 2018-94. Passed 10-21-19)

"Multi-Family Dwelling" means a building consisting of three (3) or more dwelling units with varying arrangements of entrances and party walls. Specifically:

(a)

"Apartment" has the meaning set forth in Section 1101.03.

(b)

"High-Rise Apartment" means a building used for human occupancy, which is higher than six (6) stories.

(Ord. 2018-94. Passed 10-21-19)

"Dwelling Unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for an individual or group of individuals living together as a single housekeeping unit, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathing, toilet, and sleeping facilities.

(Ord. 2018-94. Passed 10-21-19)

"Single-Family Detached Dwelling Unit" means a free-standing building designed for or used exclusively for residence purposes by a single housekeeping unit.

(Ord. 2018-94. Passed 10-21-19)

"Single-Family Attached Dwelling Unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for an individual or group of individuals living together as a single housekeeping unit, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathing, toilet, and sleeping facilities.

(Ord. 2018-94. Passed 10-21-19)

"Family" means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.

(Ord. 2018-94. Passed 10-21-19; (Ord. No. 2023-11, § 1 (Exh. B), 9-5-23)

"Garage" means a building or portion thereof designed for and used for the parking, standing or temporary storage of vehicles and may be limited to:

(a)

"Private Garage" means an accessory building for the storage of passenger automobiles of owners or tenants of the main building.

(b)

"Repair Garage" means a building or part thereof used for general repairs to motor vehicles.

(c)

"Underground Garage" means a private garage used for the storage of passenger automobiles and located entirely below grade.

(Ord. 2018-94. Passed 10-21-19)

"Gasoline Service Station" means a building or part thereof, structure or space used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs.

(Ord. 2018-94. Passed 10- 21-19)

"Grade" means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Specifically:

(a)

"Average Grade" means the mean elevation of the land measured at the set-back line between the side lot lines.

(b)

"Established Street Grade" means the elevation established by the City measured at the roadway centerline in front of the lot.

(c)

"Finished Grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

(d)

"Natural Grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

(Ord. 2018-94. Passed 10-21-19)

"Licensed Health Care Facility" means a health care facility licensed to provide medical services by the State of Ohio.

(Ord. 2018-94. Passed 10-21-19)

"Light Manufacturing, Fabrication and Assembly" means industrial type uses which may include the design, assembly, processing, creation, formation, production, or construction of products and equipment from previously manufactured components, where such operations conform to the requirements of Section 1129.07 hereof, but shall not include any operations that involve the reduction, refining, heat treatment, or chemical conversion of primary raw materials, or the manufacture and/or distribution of asphalt, concrete, or fuel.

(Ord. 2018-94. Passed 10-21-19)

"Loading Space" means an off-street space for the temporary parking of delivery and pick-up vehicles, at least twelve feet (12') wide and of a length needed to accommodate delivery vehicles, and exclusive of any required automotive parking area driveway or parking aisle.

(Ord. 2018-94. Passed 10-21-19)

"Lot" means a parcel of land occupied or intended to be occupied by a main building or use of by a group of buildings, together with accessory buildings and uses and open spaces as required by this Code, and having frontage on a public street. Specifically:

(a)

"Corner Lot" means a lot abutting on two (2) or more streets at their intersection.

(b)

"Double Frontage Lot" means an interior lot having frontage on two (2) streets.

(c)

"Front Lot Line" means the street line of the lot in the case of an interior lot and the street line designated by the City as the front lot line in the case of a corner lot.

(d)

"Interior Lot" means a lot other than a corner lot.

(e)

"Lot Depth" means the mean distance from the front lot line to the rear lot line.

(f)

"Lot Frontage" means the width of a lot measured along the front lot line.

(g)

"Lot Width" means the width measured along the setback building line as established on the Zone Map or in this Code.

(h)

"Rear Lot Line" means the lot line which is generally opposite the front lot line. If the rear lot line is less than ten feet (10') in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet (10') long, lying wholly within the lot and farthest from the front lot line.

(i)

"Side Lot Line" means a lot line other than a front or rear lot line.

(Ord. 2018-94. Passed 10-21-19)

"Main Use or Building" means the use, purpose or activity conducted in a building or structure or on land.

(Ord. 2018-94. Passed 10-21-19)

"Professional Medical Office" means the offices of private physicians, dentists, and other health care providers, including, but not limited to, podiatrists, optometrists, speech, occupational and physical therapists, chiropractors, and psychologists, whether for individual or group practice, which do not require a certificate of need or license under Ohio R.C. 3702.30 or 3702.51. Professional Medical Office shall not include a licensed medical facility (as defined in Section 1101.275), hospital, or nursing home.

(Ord. 2018-94. Passed 10-21-19)

(a)

"Nonconforming Lot" means a lot existing lawfully at the time this Code or an amendment hereto became effective, but which does not conform to the lot area, width, access or other requirements of the district in which it is located.

(b)

"Nonconforming Structure" means a structure existing lawfully at the time Code or an amendment hereto became effective, but which does not conform to the area, height or bulk of building, yard or other regulations of the district in which it is located.

(c)

"Nonconforming Use" means the use of a building or land existing lawfully at the time Code or an amendment hereto became effective, but which does not conform to the main or accessory use regulations of the district in which it is located.

(d)

Nonconforming, Lot, Structure, or Use shall be deemed abandoned if the nonconforming use ceases for a period of six (6) months.

(Ord. 2018-94. Passed 10-21-19)

"Occupancy Permit" means an official document of the City confirming that the use of all or a part of a building, structure or parcel of land is in apparent compliance with the provisions of all existing codes, or is a lawfully existing non-conforming building or use and hence may be occupied and used lawfully for the purposes designated thereon. This permit is not intended to be relied on by other parties in their contractual relationships.

(Ord. 2018-94. Passed 10-21-19)

"Open Space" means an area on which no building extends above the finished grade and which is open to the sky. Open Space may include natural vegetation, landscape features, pedestrian plazas or parks and parking and driveways.

(Ord. 2018-94. Passed 10-21-19)

"Parking" of motor vehicles is specifically defined as follows:

(a)

"Off-Street Parking" or "required parking" means the amount of parking which is required by Code, which is located entirely off of the public street right-of-way and behind the parking setback for that particular district and which is for the exclusive use of tenants, owners or occupants without charge.

(b)

"Parking Space" means an open paved area, not less than one hundred eighty (180) square feet (nine feet (9') by twenty feet (20')), which is maintained for vehicle parking and which has sufficient aisle space for safe egress and ingress.

(c)

"Structured Parking" means any multi-story structure designed for automobile parking with multiple levels for parking vehicles including parking garages, parking ramps, and parking decks.

(Ord. 2018-94. Passed 10-21-19)

"Personal Services" means services provided to individual members of the general public where the primary purpose is not the transfer of ownership of tangible goods. Such operations may include personal grooming services such as barber shops, beauty parlors, tanning salons, nail salons, dry cleaning services, and tailoring, or may involve other personal improvement services such as tutoring or counseling.

(Ord. 2018-94. Passed 10-21-19)

"Residential Care Facility" means a licensed facility by a State of Ohio Agency that meets one (1) of the following criteria:

(a)

"Class Two" A facility licensed by the Ohio Department of Mental Health and Addiction Services that provides accommodations, personal care services, and supervision, in a family setting, to one (1) or two (2) persons with mental illness; or one (1) or two (2) unrelated adults who are receiving payments under the residential state supplement program; or one (1) to five (5) unrelated adults.

(b)

"Developmental Disabilities" A licensed facility by the Department of Developmental Disabilities that provides room and board, personal care, rehabilitation services and supervision in a family setting for at least six (6) and not more than eight (8) individuals with developmental disabilities.

(c)

"Foster Family Home" A licensed facility by the Department of Ohio Jobs and Family Services that is a private residence in which up to five (5) children are received apart from their parents, guardian or legal custodian by an individual reimbursed for providing the children with nonsecure care, supervision or training twenty-four (24) hours a day. The limit of five (5) children may be exceeded for siblings, previous foster children or children of foster children.

(Ord. No. 2023-11, 9-5-23)

"Restaurant" means a place which is open to the public and which serves food for consumption on the premises, but which may permit take-out subject to the provisions of this Code.

(Ord. 2018-94. Passed 10-21-19)

"Right-of-Way" means land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. Right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority.

(Ord. 2018-94. Passed 10-21-19)

"Set-Back Line" means a line established by the Code or on the Zone Map, generally parallel with and measured from the lot line, defining the limits of the yard in which no building, structure or use may be located above ground, except as may be provided in this Code.

(Ord. 2018-94. Passed 10-21-19)

"Single housekeeping unit" means an individual or group of individuals related by blood, marriage or adoption; or a group of individuals who live as a single, cohesive household sharing full access to the entire premises of the dwelling and have established the dwelling as their permanent residence. "Single housekeeping unit" does not include:

(a)

Occupancy in any boarding house, hotel, lodging house, dormitory, fraternity house, sorority house or similar occupancy arrangement that customarily provides commercial, institutional or social housing for individuals who are not related by blood, marriage or adoption or are not the functional equivalent of a family; or

(b)

Occupancy in any dwelling by more than four unrelated adults; or

(c)

Occupancy by one or more individuals who have a right to occupy the dwelling or a portion of the dwelling as a boarder, lodger, room renter, sublessee or any other right of occupancy which is separate and not as part of a single cohesive household.

(Ord. No. 2023-11. Passed 9-5-23)

"Second Hand Store or Thrift Shop" means a retail store that sells, either directly or by consignment, used or damaged merchandise to the general public.

(Ord. No. 2023-102. Passed 1-22-24)

"Small Box Discount Store" means a retail, variety, or discount store up to fifteen thousand (15,000) square feet that sells at retail, directly to the consumer, a limited assortment of physical goods and other consumer products, including food or beverages for off premises consumption.

(Ord. No. 2023-102. Passed 1-22-24)

"Story" means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A basement is a story if its ceiling is over five feet (5') above the level from which the height of the building is measured, if it is used for business purposes or if it contains any dwelling unit.

(Ord. 2018-94. Passed 10-21-19)

"Street" means any road, thoroughfare, drive, freeway, easement, or accessway, public or private, which is specifically designed, dedicated, and maintained for public vehicular traffic. "Street" refers to the entire area within the right-of-way, including pavement, tree lawn, and sidewalk, and shall be built to the standards of and approved by the Engineer.

(Ord. 2018-94. Passed 10-21-19)

"Subdivision" mean the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes - whether immediate or future - of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.

(Ord. 2018-94. Passed 10-21-19)

"Use" means any purpose for which buildings, structures, or land may be arranged, designed, intended, maintained, or occupied; or any activity, occupation, business, profession, or operation conducted in a building or structure or on land.

(Ord. 2018-94. Passed 10-21-19)

"Wireless Telecommunications Antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.

(Ord. 2018-94. Passed 10-21-19)

"Wireless Telecommunications Facilities" means equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.

(Ord. 2018-94. Passed 10-21-19)

"Variance" means an exception to or modification of certain terms of this Code where such change will not be contrary to the public interest and where owing to special conditions or unique circumstances of a property a literal enforcement of the provisions or requirements of the Code would result in an unnecessary hardship or practical difficulty and where the authorization of such exception or modification will not violate the spirit and intent of the Code, will result in a more harmonious and useful development, and substantial justice will be done.

(Ord. 2018-94. Passed 10-21-19)

"Yard" means an open space on the same lot with a building or group of buildings, lying between the building or group of buildings and the nearest lot line, unoccupied and unobstructed from the ground upward, except such encroachments of structures permitted herein. A yard shall be measured between a lot line and a line parallel to such lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, exclusive of the features permitted to extend into the required yard under this Code. The measurement of the yard shall be taken at right angles from the lot line to the line of the building. Specifically:

(a)

"Front Yard" means an open unoccupied space across the full width of a lot, bounded by the front building line, the front lot line and the side lot lines.

(b)

"Rear Yard" means an open unoccupied space extending across the rear of a lot between side lot lines.

(c)

"Required Yard" means the minimum yard or setback required between a lot line and a building line in order to comply with the regulations of the district in which the lot is located.

(d)

"Side Yard" means an open unoccupied space extending from the rear line of the required front yard to the rear-most part of the building and bounded also by the side lot line and the side of the building. In any district, the side yard on the street side of a corner lot shall be not less in width than the requirement of the setback building line established in this Code or shown on the Zone Map for that side of such corner lot.

(Ord. 2018-94. Passed 10-21-19)

"Zone Map" means the official map of the City dividing the land within the City into several use districts to demonstrate the overall development plans for the City.

(Ord. 2018-94. Passed 10-21-19)

In interpreting and applying the provisions of the Code they shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare. The lot or yard area required by the Code for a particular building shall not be diminished and shall not be included as part of the required yard or lot area of any other building. The Code shall not repeal, abrogate or annul or in any way impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted or which shall be adopted pursuant to law relating to the use of buildings or premises; nor shall The Code interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where The Code imposes a greater restriction upon the use of buildings or premises or requires larger yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants or agreements, the provisions of The Code shall control.

(Ord. 2018-94. Passed 10-21-19)

It is intended that the Commission perform a comprehensive review of the entire Code at least once every ten (10) years from and after 2019 to ensure that the regulations contained herein are current and reasonable and that they reflect the goals and intent of the City as expressed in the City of Beachwood Master Plan.

(Ord. 2018-94. Passed 10-21-19)

(a)

This Code shall be enforced by the Building Commissioner. The Commissioner shall refuse to issue a permit if the proposed building or structure or use of the building, structure or land would violate any of the laws of the City or of the State. No person shall proceed with any construction or excavation that is not authorized by a permit, and any such construction or excavation shall constitute a violation to the same extent as though no permit had been issued. If the Commissioner finds that any construction, reconstruction or other use of land or a building or other structure in the City is being done or has been done without a permit having first been obtained, as required under any of the laws of the City or of the State, the Commissioner shall immediately issue a "Stop Work" order if the work is under construction and/or an order to "cease and desist" the use or occupancy of all or any part of a building, structure or use which was built, constructed or used or is being used in violation of the laws of the City or of the State. Such "stop work" order or "Cease and Desist" order shall remain in full force and effect until the owner has obtained all of the required permits and complied with all of the required laws pertinent to the building, structure or use and has paid the required additional permit fees.

(b)

Any decisions of the Building Commissioner made in the enforcement of Code may be appealed to the Commission by any person or persons claiming to be adversely affected by such decisions, or in given cases Commission may, on its own motion, order the Building Commissioner to certify to it for review his records and findings relative to any permit issued or decision made by him. Any such appeal or order to certify shall be taken within fifteen (15) days from the date of the filing of such decision with the Clerk, and the decision of the Commission shall have the same force and effect as in the case of appeals taken to the Commission by persons claiming to be adversely affected by the decision of the Building Commissioner.

(1)

The Clerk shall send a written notice of all such appeals to every abutting property owner and to the property owner across the street, to the addresses shown on the most recent City records. Any other person requesting a notice shall also receive one. All notices shall be mailed by first class mail at least five (5) days prior to the date of the hearing before the Commission. The failure to send or receive such notice shall not in itself invalidate the application or further proceedings; however, the Commission may postpone a hearing in whole or part for further notice or for any sufficient cause. Any person signing a waiver shall not be entitled to notice.

(2)

During the pendency of any appeal, the action of the Building Commissioner which has been appealed shall remain in full force and effect during the pendency of the proceedings. The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath. The Commission shall issue, modify or refuse the permit or affirm, reverse or modify the decision of the Building Commissioner in conformity with the provisions of this Code and the laws of the State.

(c)

The provisions of Part Thirteen - the Building Code relating to the issuance of permits are hereby modified to conform to the provisions of this Code. Any decisions of the Architectural Board of Review may be appealed to the Commission by any Applicant claiming to be adversely affected by such decisions. During the pendency of any appeal, the action of the Architectural Board of Review which has been appealed shall remain in full force and effect. The Commission shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from, may receive pertinent exhibits, may request additional information from any of the parties or obtain professional opinions, and may require that testimony be given under oath. The Commission shall issue, modify or refuse to issue the permit or affirm, reverse or modify the decision of the Architectural Board of Review.

(Ord. 2018-94. Passed 10-21-19)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued within thirty (30) days of the date of such permit. Nothing in the Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the passage of the Code or prevent the restoration and securing of a building declared unsafe by the Building Commissioner.

(Ord. 2018-94. Passed 10-21-19)

The sections, subsections, districts and building lines forming a part of or established by the Code, and the several parts, provisions and regulations thereof, are hereby declared to be independent sections, subsections, districts, building lines, parts, provisions and regulations, and the holding of any such sections, subsections, districts, building lines, parts, provisions or regulations to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, district, building line, part, provision or regulation thereof.

(Ord. 2018-94. Passed 10-21-19)

Council may establish a schedule of fees for zoning permits, certificates of zoning compliance, development plan reviews, conditional use permits, similar use determinations, appeals, variances, amendments, and other procedures and services pertaining to the administration and enforcement of Code. The schedule of fees shall be available from the Building Department and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure. Fees in the Code may be amended as approved by Council from time to time. Any such revisions to the fee schedule shall not be deemed an amendment to the Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

If, after a permit has been issued, the operation called for by it is not begun six (6) months of the date thereof, such permit shall be void. Before operation can begin, a new permit shall be taken out by the owner or by his agent, contractor or architect, and fees fixed in this chapter for the original permit shall be paid thereof.

(b)

If after work has commenced, there is a cessation of the work for a period of six (6) months, then, upon notice to the holder of a building permit, which notice may be posted upon the premises, the permit shall expire. Before work may be continued, the permit must be renewed by the payments of a fee herein fixed for an original permit. Upon the cessation of work for any length of time, the Building Commissioner may order the filling in of any excavation, the protection property or materials, or the abatement of any condition of nuisance or danger.

(c)

After work has been commenced, all work to be performed under such permit, including finish grading leveling of all excavations, provision for motor vehicle access to any main building and adequate enclosing and preservation from the elements shall be completed in accordance with plans and specifications within two (2) years from the date of such permit. Such completion must be sufficient to permit use of any building for which it may be designed, sufficient to prevent the creation of nuisances or dangerous conditions or the unnecessary deterioration of materials, and sufficient to prevent a continuing adverse effect upon surrounding property values. Such two-year (2) period shall run regardless of the issuance of a stop-work order issued by the Inspector of Buildings for a failure to comply with or for a violation of any of the provisions of this Building Code.

(d)

Failure to complete any operation or work for which a permit has been issued within two (2) years from date thereof, as provided herein, shall be deemed a violation of this section by the owner of any property upon which such condition exists.

(e)

Upon the failure of any owner of property to complete any operation or work for which a permit has been issued within two (2) years from date thereof, as provided herein, the Building Commissioner may institute an injunction suit in the Court of Common Pleas of Cuyahoga County for an order of Court ordering such property owner to complete such operation or work within a specified time, to remove any incomplete building or structure, to fill or grade any excavation, to abate any condition of nuisance or danger, or for other relief appropriate to the enforcement of this Building Code.

(f)

Failure to obtain a permit within two (2) years after final site development plan approval or final approval of the Architectural Board of Review shall void all approval previously given. Thereafter, a new application must be made and another fee paid.

(g)

A permit shall be obtained from the Building Commissioner for all items listed in this chapter. No work may commence unless the proper permit listed in this Chapter is first obtained by the owner of a property or his or her authorized agent.

(Ord. 2018-94. Passed 10-21-19)

(a)

Conditional Use Permits shall be required for certain uses as set forth in this Code. Because of their uncommon or unique nature or characteristics, infrequency of occurrence, large area requirements, potential for impact upon persons or adjacent properties, or for other reasons, such uses may not be permitted in a district without consideration in each case of those potential impacts and the standards and conditions under which they may be permitted and desirable at specific locations and in certain districts.

(b)

Uses designated as conditionally permitted uses in a district are not permitted by right in the district. Those uses enumerated in this Code as being conditionally permitted may be permitted in the district enumerated only if a determination is made by the Commission with the concurrence of Council that such uses conform to accepted planning standards and the criteria provided herein and subject to their compliance with any specific conditions or standards attached to their approval, otherwise they shall be prohibited. The application of planning standards, for determining the acceptability, location, and extent of such conditionally permitted uses, is a planning function and not in the nature of a variance or appeal.

(c)

Applications for a conditional use permit shall be made on forms provided by the Building Department. Upon receipt of a completed application, the request shall be scheduled for the next regularly scheduled Commission meeting. The Commission may recommend approval, denial, or approval with specific conditions and standards for the operation of the proposed use. The recommendation of the Commission shall be forwarded to Council for its concurrence at the next regular Council meeting.

(Ord. 2018-94. Passed 10-21-19)

The owner or owners of any building or premises or part thereof where anything in violation of this Code is placed or exists, and any architect, builder, or contractor who may be employed to assist in the commission of any such violation, and all persons or corporations who violate any of the provisions of this Code or fail to comply therewith or with any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance be guilty of a misdemeanor of the first degree and shall be punished as provided in Section 101.99.

(Ord. 2018-94. Passed 10-21-19)

Council may amend the zoning regulations and rezone property within the City on its own motion, or at the request of a property owner or owner's agent with the following procedure. Every proposed amendment shall be submitted to the Council first for its consideration. Proposed amendments, prior to adoption, shall be referred to the Commission for a report and recommendation. Upon receipt of the report and recommendation of the Commission, the Council shall conduct a public hearing which shall have been advertised in a newspaper of general circulation within the City for a period of not less than thirty (30) days. The Council may refer a proposed amendment to a committee of Council for further study at any time prior to adoption.

The Council may declare a moratorium for a period not to exceed one hundred twenty (120) days if it finds and determines the necessity of preventing applications for site development plan approval to the Commission, or applications for building permits to the Building Commissioner, during a period when amendments to the Code are being reviewed by the Council, and legislation is pending to amend the Code, in order to prevent the vesting of property owners' rights during the limited period of time when such legislation is being considered.

(Ord. 2018-94. Passed 10-21-19)

When any land is annexed hereinafter to the City, it shall be classified as a Class U-1 use district (single-family house district) and so designated on the Zone Map. Such zoning classification shall become effective simultaneously with the adoption of the annexation ordinance and shall remain until changed by Council.

(Ord. 2018-94. Passed 10-21-19)

(a)

Applications for rezoning shall be filed with the Clerk of Council at least seven (7) days prior to a regular Council meeting, with a filing fee of fifty dollars ($50.00) and a deposit of two hundred fifty dollars ($250.00) to reimburse the City for any expense incurred in the review process. The Finance Director may request an additional deposit at any time when the deposit is depleted.

(b)

Applications for rezoning shall be in the following form and shall include twelve (12) copies of the following information, at a minimum:

(1)

A letter containing a full and complete statement, signed by a principal of the corporation or partnership or an individual requesting rezoning, including:

A.

The location of the property to be rezoned;

B.

The present use of the property;

C.

The proposed use of the property;

D.

A general statement regarding the type of building to be constructed, including its height and square footage;

E.

The estimated cost of the proposed improvements and land; and

F.

A statement regarding the identity of the Applicant, together with such other information as the Applicant may determine to be appropriate.

(2)

A proposed site development plan locating the building and improvements intended to be developed if the zoning is approved. Printed on the site development plan shall be a "box score" listing:

A.

All of Code requirements for the proposed use;

B.

The actual dimensions shown on the site development plan; and

C.

The amount of any variance requested.

(3)

A legal description of the property, which description shall include all easements or other restrictions on the use of the land.

(c)

The Commission may make such additional rules or request such additional information as it finds necessary to complete its reports and recommendation to Council.

(Ord. 2018-94. Passed 10-21-19)

Preliminary and final site development plans are required and shall be prepared for all proposed developments. Preliminary and final site development plans shall be prepared by persons professionally qualified to do such work and shall be submitted to the Commission. Applicants shall submit both hard copy and digital versions of proposed plans. Plan submission shall be accompanied by a plan review fee and deposit as established by Council.

(Ord. 2018-94. Passed 10-21-19)

(a)

Preliminary site development plans shall be prepared at an appropriate scale and shall include the following:

(1)

Property Description. A boundary description based on deed records showing the land owned and proposed for development and topographic contours at an interval acceptable to the Engineer.

(2)

Buildings. The locations, size, heights and proposed use of all main and accessory buildings and their general design.

(3)

Setbacks. All required setbacks and yard areas.

(4)

Traffic. The proposed system of circulation of vehicular and pedestrian traffic, including details for connections to existing streets; types and widths of all pavements; estimates of traffic volume; and plans for control of traffic in and around the development.

(5)

Utilities. A schematic plan for all utility installations.

(6)

Parking Facilities. The layout and number of parking spaces, drive aisles, design features, and type of pavement.

(7)

Drainage. Conceptual plans for grading, drainage and storm water management, including identification of the intended outlet.

(8)

Landscaping. Conceptual plans showing the areas to be landscaped, the locations and dimensions of buffer areas, and proposed parking lot planter strips and/or islands. Plans shall include information regarding the general landscape treatment and, the nature of buffer and/ or screening treatments.

(9)

Lighting. A schematic site lighting plan.

(10)

Miscellaneous. The location and nature of refuse facilities, recreation areas, fencing, retaining walls, and similar site features.

(11)

Phasing. Anticipated development phasing.

(12)

Natural Features. The location of natural features such as water courses, wetlands, and flood hazard areas.

(Ord. 2018-94. Passed 10-21-19)

(a)

Final site development plans shall be prepared at an appropriate scale and shall include the following:

(1)

Survey. A boundary and topographic survey, showing the land owned and proposed for development and contours at an interval acceptable to the Engineer.

(2)

Buildings. The locations, size, heights and proposed use of all main and accessory buildings and their general design.

(3)

Setbacks. All required setbacks and yard areas.

(4)

Traffic. The proposed system of circulation of vehicular and pedestrian traffic, including details for connections to existing streets; types and widths of all pavements; estimates of traffic volume and plans for control of traffic in and around the development.

(5)

Utilities. The final improvement plans for all utility installations, with pipe sizes and grades, invert elevations, structure locations, and proposed easements.

(6)

Parking Facilities. The layout and number of parking spaces, drive aisles, design features, and type of pavement.

(7)

Drainage. Detailed final grading, drainage, storm water management, and erosion and sedimentation control measures including detention calculations, pipe sizes, inlet information, and proposed storm outlet facility.

(8)

Landscaping. Detailed designs of landscaped yards, planting areas, buffer and screening improvements, and parking lot planter strips and/or islands, including plant lists and installation details.

(9)

Lighting. A site lighting plan, which indicates placement, heights, and types of lighting fixtures. Such plans may include details of resulting levels of illumination as required.

(10)

Miscellaneous. The location and nature of refuse facilities, recreation areas, fencing, retaining walls, and similar site features.

(11)

Signs. The location, size and design of all signage to be placed on the site.

(12)

Covenants, Restrictions, and Easements. Any proposed arrangements for common areas, perpetual maintenance, proposed restricts, and proposed easements.

(Ord. 2018-94. Passed 10-21-19)

If the Commission finds the site development plans are in accordance with this Code and other ordinances of the City, then the Commission may grant approval and the final site development plan shall be submitted to the Architectural Board of Review for study and approval. The Commission may attach conditions to the approval of site development plans as it may deem reasonable and appropriate to ensure compliance with the spirit and intent of this Chapter and to protect the public health, safety and welfare. An approved site development plan may be modified by the same procedure. When reviewing site development plans, the Commission may seek expert advice or cause special studies to be made. The cost of securing such advice or studies shall be borne by the applicant. No building permit shall be issued by the Building Commissioner until a final site development plan has been approved as provided herein.

(Ord. 2018-94. Passed 10-21-19)

Failure to apply for a building permit within two (2) years from the date of preliminary or final site development plan approval shall render such site development plan approval null and void and shall require submission of a new site development plan prior to the commencement of any construction. Failure to begin construction of the site development plan within six (6) months after the issuance of a building permit shall void the site development plan as approved unless an extension of time is granted by the Commission.

(Ord. 2018-94. Passed 10-21-19)

No use or occupancy shall be permitted until the site development plan for which a building permit has been issued is substantially completed and until a certificate of occupancy has been obtained from the Building Commissioner.

(Ord. 2018-94. Passed 10-21-19)

Subsequent to the approval of a final site development plan, all development or construction on the subject site shall be in substantial compliance with the approved final site development plan, and any conditions of such approval adopted by the Commission. Any departure from the approved final site development plan shall be deemed to be a violation of this Code.

(Ord. 2018-94. Passed 10-21-19)

(a)

In all new developments or subdivisions, the developer shall submit a utility plan to the City for its approval showing the location of all utilities. No development or subdivision plan shall be approved until the utility plan is also approved. All electric utilities shall be underground except as is hereinafter set forth.

(b)

The Commission shall review the utility plan and make a finding approving that utility plan which will provide the benefits of service to the user and will have the least intrusion into open space. Transformers shall be located at the front or rear of a sublot, but not closer than one foot (1') from a rear yard line or three feet (3') from a sidewalk line in the front yard. Transformers shall be located on the side yard line and not closer than thirty feet (30') from a dwelling unit or accessory building.

(c)

Transformers may be constructed on above ground pads when approved by the Commission. Transformers shall be screened on all sides by evergreen shrubs, fencing, or other approved methods to reasonably shield the view of such transformers. Evergreen shrubs shall be of a variety approved by the Public Works Director. No occupancy permit for a new building shall be issued unless the shrubs are installed by the developer or owner and approved by the Director, or unless a one hundred dollar ($100.00) bond for shrubs is deposited with the City should occupancy occur during the winter months.

(d)

The owner of each building having such shrubs shall maintain and/or replace the shrubs of an approved variety and of a height and density to accomplish the purpose of screening the transformer. In the event that the Cleveland Electric Illuminating Company requires access to a transformer and removes or damages the shrubs, the City will replace the shrubs. Such replacement does not relieve the owner from the duty to maintain and/or replace such shrubs if they die or are otherwise damaged.

(Ord. 2018-94. Passed 10-21-19)

In all subdivisions of more than five (5) sublots, the following procedure shall be followed and the following requirements shall be met:

(a)

The preliminary site development plan with respect to any new subdivision shall be submitted to all utility companies serving the subdivision as well as the Building Commissioner and Engineer, for their recommendations.

(b)

Utility easements at least ten feet (10') in width for gas, telephone, electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary.

(c)

Prior to granting final approval, the subdivider shall have installed or shall have furnished adequate bond for the ultimate installation in accordance with electrical requirements and the Building Code of the City of the following:

(1)

Underground telephone cables;

(2)

Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system;

(3)

Adequate provision for street light lamps and standards in accordance with a design approved by Council;

(4)

Underground gas lines; and

(5)

Underground television, internet, and other cables or fiber optic lines.

(Ord. 2018-94. Passed 10-21-19)

Commission may approve above ground telephone cubicles and facilities for other public utilities to be located, insofar as possible, adjoining the electric transformer. In no event shall such transformer or telephone cubicle exceed:

(a)

Electrical transformers—thirty-two inches (32") high; thirty-six inches (36") wide; forty-two inches (42") long.

(b)

Telephone cabinets—ten inches (10") square; forty-eight inches (48") high, sixteen inches (16") below ground and thirty-two inches (32") above ground (standard is only six inches (6") square by forty-eight inches (48") high)

(c)

Other utilities as determined by the Engineer.

(Ord. 2018-94. Passed 10-21-19)

No apartment or multi-family dwelling use in the City shall be converted into a condominium by the sale of individual apartment suites to owners under various applicable condominium laws until and unless the owner has complied with the following regulations, and no certificate of occupancy shall be given to any purchaser of a condominium unit until the apartment house owner converting to condominiums has fully complied herewith.

(a)

The owner shall notify the Commission and each tenant of the owner's intention to convert to condominium units and shall appear before the Commission. Commission shall inquire whether a violation of any of the provisions of this Code exists upon the premises, whether a variance has been granted for the premises, and whether the Building Code, the Fire Prevention Code and other applicable laws are being complied with. The Commission shall also review any proposed amendment to the site development plan.

(b)

Any variance for which an application for condominium conversion has been filed, which has been granted to an apartment or multi-family dwelling use, referred to in this chapter, by Council upon the recommendation of the Commission, is hereby declared void and not transferable to the condominium buyers, unless the Commission, after study of the proposed usage, again recommends the same to Council and Council agrees to further approve the variance or any modification thereof for the proposed condominium conversion use.

(c)

Upon receipt of reports from the Building Commissioner, the Chief of the Fire and Rescue Department, the Engineer and other department heads, with such additional information as the Commission may require, the Commission may approve the condominium conversion upon finding that all applicable City and State laws, not inconsistent herewith, have been complied with, and that the provisions of this Chapter have been fully complied with.

(d)

The notice to the City provided for in subsection (a) hereof shall be by written application together with a deposit of twenty-five dollars ($25.00) per suite to reimburse the City for its cost incurred in the review of the application. An additional deposit may be required by the Commission.

(Ord. 2018-94. Passed 10-21-19)

(a)

All tenants of the owner in a conversion condominium development shall be given ninety (90) days written notice of the owner's intention to convert to condominium and to offer the tenant's suite for sale to the public if not purchased by the tenant. Within such ninety (90) days, each tenant shall have the right of first refusal of such tenant's suite by giving written notice to the owner of the tenant's intention to purchase. After giving such written notice to the owner, each tenant shall have an additional one-hundred-twenty (120) days to enter into a contract for the purchase of the tenant's suite and to obtain financing.

(b)

Should the tenant not purchase the suite, each tenant shall have the following additional time prior to vacating the suite: Each tenant shall have one (1) month for each twelve (12) months that such person has been a tenant at the apartment or multi-family dwelling use, with a minimum of four (4) months. If any tenant is over sixty-five (65) years old, such tenant shall be given a minimum of six (6) months to vacate.

(c)

This section shall not apply to evictions for purposes other than converting an apartment or multi-family dwelling into a condominium development.

(d)

During any period of time when a tenant, not agreeing to purchase his suite, holds over under the protection of this Chapter, the owner may raise the rental not higher than the average of any increase in the Consumer Price Index maintained by the U. S. Department of Labor for the preceding twelve (12) months.

(Ord. 2018-94. Passed 10-21-19)

"Tenant," as used in this Chapter, means a family unit or an individual. The rights of members of a family may not be added to extend the times herein.

(Ord. 2018-94. Passed 10-21-19)