This Code is the Zoning Code for the City of Brecksville as enacted by Ordinance 2042, passed December 20, 1972, and is codified as titles five through eleven of part eleven — Planning and Zoning Code.

('64 Code, § 1131.01; Ord. 2042, passed 12-20-72)

(a)

The purpose of this Zoning Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the city; by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the corporate limits of the city into districts of such number and dimensions in accordance with the objectives of the Master Plan; and to provide procedures for the administration and amendment of it.

(b)

This Zoning Code is intended to achieve, among others, the following objectives:

(1)

To protect the character and values of residential, institutional and public uses, business, commercial and manufacturing uses; and to ensure their orderly and beneficial development;

(2)

To provide adequate open spaces for light, air and outdoor uses;

(3)

To prevent overcrowding of the land;

(4)

To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the comprehensive Master Plan;

(5)

To regulate the location of buildings and intensity of uses in relation to streets so as to minimize interference by traffic movements, and to reduce street congestion and improve public safety;

(6)

To establish zoning patterns that ensure economical extensions for sewers, water supply, waste disposal and other public utilities, as well as developments for recreation, schools and other public facilities;

(7)

To guide the future development of the city so as to bring about the gradual conformity of land and building used in accordance with objectives of Master Plan; and

(8)

To accomplish the specific intents and goals set forth in the introduction to the respective chapters.

('64 Code, § 1131.02; Ord. 2042, passed 12-20-72)

(a)

The provisions of this Zoning Code shall supplement any and all laws of the state, ordinances of this municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such Zoning Code.

(b)

The provisions of this Code shall not annul or in any way interfere with existing deed or plat restrictions or covenants, easements or other agreements between persons, codes, laws, regulations or permits previously adopted or issued except those ordinances or sections thereof which are contrary to and in conflict with this Code.

(c)

Wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by other deed or plat restrictions or covenants, codes, laws, ordinances, rules or regulations, this Zoning Code shall control; and conversely, other regulations shall control where they impose greater restrictions than this Code.

('64 Code, § 1131.03; Ord. 2042, passed 12-20-72)

In interpreting and applying the provisions of this Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the Code. Except as specifically provided herein, it is not intended by this Zoning Code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon.

('64 Code, § 1131.04; Ord. 2042, passed 12-20-72)

Each section of this Zoning Code and each part of such sections are declared to be independent sections and parts of sections, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of such sections, or the application thereof to any person or circumstance, is held invalid for any reason, the remaining sections or parts of sections and the application of such provision to any person or circumstance other than as to those to which it is held invalid, shall not be affected thereby, and it is hereby declared that this Zoning Code would have been passed independently of the section, sections or parts of a section held to be invalid.

('64 Code, § 1131.05; Ord. 2042, passed 12-20-72)

Words in this Zoning Code are normally used in their ordinary English usage. Certain terms are, however, defined in chapter 1113, Definitions, of the Subdivision Regulations and wherever used in this Zoning Code, they shall have the meaning as set forth in chapter 1113, except where the context clearly indicates a different meaning. The contents of chapter 1113 are summarized as follows:

1113.01 Rules for interpretation.

1113.02 General terms.

1113.03 Areas, buildings and land.

1113.04 Automotive uses.

1113.05 Block.

1113.06 Buildings and structures.

1113.07 Family.

1113.08 Dwellings and other living accommodations.

1113.09 Grades.

1113.10 Height of building.

1113.11 Home offices.

1113.12 Junk or wrecking yard.

1113.13 Loading space.

1113.14 Lot, parcel, land.

1113.15 Maps, plans, plats.

1113.16 Motor freight station.

1113.17 Nonconforming building, land and use.

1113.18 Occupancy certificate.

1113.19 Performance standard.

1113.20 Signs.

1113.21 Streets.

1113.22 Subdivision.

1113.23 Trailers.

1113.24 Use.

1113.25 Variance.

1113.26 Yards and courts.

1113.27 Flood fringe.

1113.28 Floodplain.

1113.29 Flood, intermediate, regional.

('64 Code, § 1133.01; Ord. 2042, passed 12-20-72)

In order to carry out the purpose of this Zoning Code the city is hereby divided into the following districts which are designated on the Zone Map by symbols and boundaries.

(a)

These districts shall be known as:

(b)

Abbreviated terms such as R-60, R-A, SC, and the like, used in this Code shall be construed as referring to their corresponding district titles.

(c)

The above classifications of districts shall not be construed as an enumeration of most-restrictive to least-restrictive districts except for the specific purposes set forth in this Code.

('64 Code, § 1135.01; Ord. 2129, passed 1-21-75)

Any building or parcel of land may be used, and the use of any building and any parcel of land may be changed or extended, and any existing building may be altered, converted, enlarged, reconstructed, moved or maintained only for the uses specifically enumerated or referred to as permitted, or required, in the district in which the building or parcel of land is located and for no other use. The enumeration of uses within a district generally agrees with the Standard Industrial Classification of Uses of the U.S. Bureau of the Budget; it shall not be construed as a ranking of the most-desirable to less-desirable uses.

(a)

Procedures and standards. The procedures and standards for evaluating and approving main, conditional and similar uses are set forth in sections 1191.10 and 1191.11, and in various use regulations of this Zoning Code. Terms are defined in chapter 1113 of the Subdivision Regulations.

(b)

Accessory building and uses. Accessory buildings and uses shall be permitted as subordinate buildings or subordinate uses if they are clearly incident to and located on the same zoning lot as the main building or use, and if located in a district in which they are specifically permitted.

(c)

Applicability. The use, change, extension, alteration, conversion, enlargement, reconstruction, relocation or maintenance of buildings and land shall be subject to all area, yard, height, off-street parking and all other regulations set forth or referred to for the district in which the building or parcel of land is located, and to all other applicable regulations of this Zoning Code.

('64 Code, § 1135.02; Ord. 2042, passed 12-20-72)

Districts are designated by symbols, and the locations and boundaries of the districts are established on a map entitled Zone Map of the City of Brecksville, Ohio. All notations, schedules and other information shown thereon are hereby made a part of this Zoning Code (Ordinance 2042, passed December 20, 1972) as enacted or subsequently amended in the same manner as other parts of this Code.

('64 Code, § 1135.03; Ord. 2042, passed 12-20-72)

The district boundary lines of the Zone Map enclose the area of a designated district. District boundary lines generally follow recorded lot lines, the center lines of streets or alleys, railroad rights-of-way or their extension, provided, however:

(a)

Where the district boundary line is shown by dimension or relationship as being located a specific distance from and/or parallel to a street line, such distance shall control;

(b)

Unless otherwise fixed, where a district boundary line is shown as adjoining a railroad, it shall be construed to coincide with the nearest boundary line of the railroad right-of-way;

(c)

Where a district boundary line divides a parcel of land, the location of such boundary, unless related to fixed points on the property boundary, shall be determined by scale and each part of the parcel shall comply with the regulations of the district in which it is located; or

(d)

Where a district boundary line does not coincide with any of the aforesaid lines and where it is not located by dimensions or fixed points shown on the Zone Map it shall be determined by the scale appearing thereon and, in case of other uncertainties, the Planning Commission shall determine the exact location.

('64 Code, § 1135.04; Ord. 2042, passed 12-20-72)

All territory which may hereafter be annexed to the city, if already zoned, shall be continued in its existing zone classification until amended in conformance with the procedures outlined in this Zoning Code.

('64 Code, § 1135.05; Ord. 2042, passed 12-20-72)

The administration of this Zoning Code is conferred upon the Building Commissioner, the Planning Commission and the Board of Zoning Appeals.

(a)

Compliance with the provisions of this Code shall be obtained by:

(1)

Applying for and the issuance of a building permit along with a zoning certificate; and, if applicable, application for a conditional use permit, for approval of a development plan, for a development plan area, for determination of a similar use and appeal for interpretation of a provision of this Code or for a variance;

(2)

Periodical inspection during construction;

(3)

Issuance of a certificate of occupancy upon completion of the work; and

(4)

Enforcement against violations.

(b)

The above outline of administrative and enforcement procedures in division (a) hereof is fully set forth in title eleven of this Code.

('64 Code, § 1137.01; Ord. 2042, passed 12-20-72)