Brooklyn City Zoning Code
CHAPTER 1101
General Provisions
1101.01 TITLE.
This document shall be officially known as the Planning and Zoning Code of the City of Brooklyn, Ohio, any may be so cited. It shall also be referred herein as "Zoning Code" or "Code."
(Ord. 2022-34. Passed 1-9-23.)
1101.02 PURPOSE.
(a) This Zoning Code is enacted for the general purposes:
(b) To promote the public health, safety, morals, and welfare of the residents of the City;
(c) To protect the property rights of all individuals by assuring the compatibility of uses and practices within districts;
(d) To provide for adequate light and air;
(e) To facilitate the provision of public utilities and public services;
(f) To lessen congestion on public streets;
(g) To provide for the administration and enforcement of this Zoning Code, including the provision of penalties for its violation; and
(h) For any other purpose provided in this Zoning Code.
(Ord. 2022-34. Passed 1-9-23.)
1101.03 REPEALER.
All ordinances and parts of ordinances in conflict with this code or inconsistent with the provision of this Code are hereby repealed to the extent necessary to give this Zoning Code full force and effect. (Ord. 2022-34. Passed 1-9-23.)
1101.04 INTERPRETATION.
(a) In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare.
(b) Whenever the requirements of this Code conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 2022-34. Passed 1-9-23.)
1101.05 VALIDITY.
The sections and subsections of this Zoning Code, and the several parts, provisions, and regulations thereof are hereby declared to be independent sections, subsections, parts, provisions, and regulations, and the holding of any such section subsection, part, provision, or regulation thereof to be unconstitutional, void, or ineffective for any cause shall not affect or render invalid any other such section, subsection, provision, or regulations thereof.
(Ord. 2022-34. Passed 1-9-23.)
1101.06 CONFORMANCE.
No land or structure shall be used or occupied, and no structure shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, except in conformity with all of the regulations herein specified as being applicable to such land or structure. No yard or lot existing upon the effective date of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Code shall meet at least the minimum requirements herein established.
(Ord. 2022-34. Passed 1-9-23.)
1101.07 SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Zoning Code is for any reason adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder shall not be affected thereby. All ordinances or parts of ordinances of the City, in conflict with any regulations, provisions, amendment, or supplement of this Code, are to the extent of such conflict hereby repealed. (Ord. 2022-34. Passed 1-9-23.)
1101.08 TRANSITION RULES.
(a) Violations. Any violation that existed at the time this Zoning Code became effective shall continue to be a violation under this Code and is subject to the penalties and enforcement under Section 1111.08, unless the use, development, construction, or any other activity complies with the provisions of this Code.
(b) Nonconformities. Any legal nonconformity that existed at the time this Zoning Code became effective shall continue to be a legal nonconformity under this Zoning Code, if the situation that resulted in the nonconforming status under the previous Zoning Code continues to exist.
(Ord. 2022-34. Passed 1-9-23.)
1101.09 GRAPHICS, ILLUSTRATIONS, FIGURES, AND CROSS-REFERENCES.
(a) Graphics, illustrations, and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and the graphic, illustration, or figure, the text shall control.
(b) In some instances, cross-references between sections and subsections are provided that include the section or subsection number along with the name of the reference. Where a conflict may occur between the given cross reference number and name, the name shall control.
(Ord. 2022-34. Passed 1-9-23.)
1101.10 HOW TO USE THE CODE.
The structure of the text of this Zoning Code is as follows: chapter (indicated by a 1101, etc.), Section (indicated by a 1101.01, etc.), and subsequent subsections (indicated by (a), (1), A., i., etc.). Below is an example of this format.
1100. CHAPTER
1100.00 SECTION
(a) Subsection
(1) Subsection
A. Subsection
i. Subsection
as described as: 1100.00(a)(1)A.i.
(Ord. 2022-34. Passed 1-9-23.)