This Zoning Code shall be known as the Zoning Code of the City of Cleveland Heights.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   In interpreting and applying the provisions of this Zoning Code, the provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

   (b)   This Zoning Code shall not interfere with, abrogate or annul any easement, covenant or other agreement between parties except that in cases where this Zoning Code imposes a greater restriction upon the use of buildings or premises, upon the height of buildings, upon the lot area per family, or requires larger yards or other open spaces than are imposed or required by such easements, covenants or agreements, the provisions of this Zoning Code shall control.

   (c)   The lot or yard areas of any use existing on the date of passage of this Zoning Code (Ordinance 20-2012, passed May 21, 2012,)shall not be diminished below the requirements imposed by this Zoning Code for any use to be made hereafter.

(Ord. 20-2012. Passed 5-21-12.)

   This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance, or any rules or regulations heretofore or hereafter adopted or promulgated pursuant to law regulating the use of land or buildings. However, in cases where this Zoning Code imposes a greater restriction upon the use of buildings or premises, upon the height of buildings, upon the lot area per family, or requires larger yards or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Zoning Code shall control.

(Ord. 20-2012. Passed 5-21-12.)

   Nothing in this Zoning Code shall be construed to limit Council in the exercise of all of the powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes or the City Charter.

(Ord. 20-2012. Passed 5-21-12.)

   Sections and subsections of this Zoning Code and the several parts or provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part or provision thereof. (Ord. 20-2012. Passed 5-21-12.)

   Throughout this Zoning Code, reference to section numbers means the numbered sections of this Zoning Code. Reference to section numbers separated by the word "to" (such as Sections 1101.85 to 1101.87) is to be taken as equivalent to the words "to and including".

(Ord. 187-2023. Passed 1-16-24.)

   Words used in this Zoning Code are used in their ordinary English usage. However, for the purpose of this Zoning Code, certain words used herein are defined and whenever used in this Code shall have the meaning indicated in this section, whether or not capitalized or otherwise highlighted, except where the context clearly indicates a different meaning.

   (a)   The following are general terms of reference:

      (1)   "Board" means the Board of Zoning Appeals of Cleveland Heights, Ohio. (See Chapter 1109.)

      (2)   "City" means the City of Cleveland Heights, Ohio.

      (3)   "Commission" means the City Planning Commission of Cleveland Heights, Ohio. (See Chapter 1111.)

      (5)   "Council" means the City Council of Cleveland Heights, Ohio.

      (6)   "Date of passage" means the date upon which this Zoning Code was passed by Council.

      (7)   "District" means a part of the City wherein regulations of this Zoning Code are uniform as classified by the provisions of Chapter 1105.

      (8)   "Mayor" means the Chief Executive Officer of the City.

      (9)   "Municipal" means anything of or pertaining to the City.

      (10)   "Public notice" means advance notice of a hearing or proceeding as prescribed in this Zoning Code which states the subject matter to be heard and the time and place of the hearing or proceeding.

      (11)   "Zoning Administrator" means the Planning and Development Director or the Director’s designee. (See Chapter 1107.)

   (b)   Certain general terms are hereby defined as follows:

      (1)   "Abutting" means having a common border with, or being separated from such a common border by a right of way, alley or easement.

      (2)   "Accessory building" means a subordinate building which is incidental to or customarily in connection with the principal building or use and which is detached from the principal building but located on the same lot with such principal building or use.

      (3)   "Accessory use or structure" means a use, object or structure constructed or installed on, above or below grade which is incidental to or customarily in connection with, or subordinate to, the principal building or use and is located on the same lot with such principal building or use.

      (4)   "Alley" means a public or private way permanently reserved as a secondary means of access to abutting property.

      (5)   "Animal clinic" or “veterinary office” means a place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic use, unless longer-term animal day care or overnight boarding of animals has been approved under the terms of Section 1153.05(bb).

      (6)   “Animal day-care facility” means a facility that cares for pet animals during the day at the request of the pets’ owners. An animal day-care facility shall not include overnight boarding unless explicitly approved by the Planning Commission in the conditional use permit.

      (7)   "Automobile service station, major repair" means a building or portion of a building in which structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, is conducted, including collision service; spray painting; body, fender, clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; complete recapping or retreading of tires; or similar activities.

      (8)   "Automobile service station, minor repair" (See also gasoline station) means a building or part of a building, structure or space used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service and the making of repairs to motor vehicles, except that repairs described as major repairs in subsection (b)(6) hereof shall not be permitted.

      (9)   "Bar, tavern or night club" means any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law for all or part of the time the establishment is open for business, and in which dancing may be permitted.

      (10)   "Basement" means a portion of a building partly or entirely underground whose ceiling or underpart of the floor above is four (4) feet or less above the average finished ground elevation. The "average finished ground elevation" is the mean elevation of the finished grade around all of the exterior of the building.

      (11)   "Blockface" means the properties that face the same side of a single street which are located between intersecting streets. A corner lot shall be part of the blockface parallel to the lot’s front lot line.

      (12)   "Boarding house". (See also “lodging house”).

      (13)   "Building" means any structure having a roof supported by or suspended from columns or walls and which is completely enclosed to serve as a shelter or enclosure for persons, animals, chattels or property of any kind. The term "building" does not include any vehicle, trailer (with or without wheels) nor any removable device, such as furniture, machinery or equipment.

      (14)   "Building height" means the vertical distance from the grade to the highest point of the roof surface if it is a flat roof; to the deck line for a mansard roof; and to the mean height level between eaves and ridge line for gambrel, gable or hip roofs.

      (15)   "Building line" means an imaginary linear extension of the building wall parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the side yard abutting the street.

      (16)   "Building, principal" means a building occupied by the main use or activity on the lot on which such building is located.

      (17)   "Car wash" means a building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.

      (19)   "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums and mausoleums, when operated in conjunction with and within the boundaries of such cemetery.

      (20)   "Child day-care" means administering to the needs of infants, toddlers, pre- school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any part of the twenty-four (24) hour day in a place or residence other than a child's own home.

      (21)   "Child day-care home" means a permanent residence of the provider in which child day-care is provided for one (1) to six (6) children at one (1) time and in which no more than three (3) children may be under two (2) years of age at one (1) time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the child day-care home shall be counted.

      (22)   "Clinic" means a building where human patients are admitted for examination and treatment by a group of physicians or dentists practicing medicine together, but who are not lodged overnight.

      (23)   "Cluster development" means a development design technique that groups buildings on the site, with no increase in overall density, to allow a better arrangement of open space.

      (23.1)   ”Commercial use” means a collective reference to all uses other than Residential, Institutional, or Community uses.

      (23.2)   “Community use” means public libraries, museums, public safety facilities, public service and maintenance facilities, parks, playgrounds, and recreation facilities accessible to the public, farmer’s markets, community gardens, and similar uses.

      (24)   “Community garden” means any piece of land (publicly or privately held) that is cultivated by a group of people rather than a single family or individual.

      (28)   " Day-care center" means an establishment in which the operator is provided with compensation in return for providing individuals with care for less than twenty-four hours (24) hours at a time. This term includes, but is not limited to, a day nursery, nursery school, pre-school, child or adult day care center and may include incidental facilities for the preparation and consumption of meals, rest and recreation. This term does not include a "child day-care home."   

      (29)   "Density" means the number of dwelling units permitted per acre of land.

      (30)   "Dormitory" means a building used as group living quarters for a student body, religious order, or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, or other similar use. Dormitories do not include kitchen facilities, except a group kitchen facility to serve all residents.

      (31)   "Drive-through facility" means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-through" also includes "drive-up" and "drive-in".

      (32)   "Dry-cleaning and laundry counter outlets" means a business that provides home-type washing, drying, and/or ironing machines for use by customers on the premises, or serves as a drop-off for dry-cleaning or laundry, but where no dry-cleaning processing is done on the premises.

      (33)   "Dwelling" means any building or portion thereof which is designed and used exclusively by one (1) or more human occupants for the purpose of residing for an extended time. A dwelling may be comprised of more than one (1) dwelling unit.

      (34)   "Dwelling, multiple family" means a building or portion thereof designed for occupancy by three (3) or more families living independently of each other in three (3) or more dwelling units where the units are separated by party walls with varying arrangements of entrances.

      (35)   “Dwelling, single-family” means a building designed or arranged for use by a single family consisting of one (1) dwelling unit only in one of the following forms:

         A.   “Dwelling, single-family detached” means a building designed or arranged for use by a single family consisting of one (1) dwelling unit only, separated from other dwelling units by open space; or

         B.   “Dwelling, single-family, attached” means a single-family dwelling that is joined by party walls to another single-family dwelling on a separate parcel.

      (36)   "Dwelling, town house" means a building that has single-family dwelling units erected as a single building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides.

The terms "town house dwelling", "townhouse", "townhome" and "row house" shall be considered synonymous.

      (37)   "Dwelling, two-family" means a dwelling consisting of two (2) dwelling units arranged, intended or designed to be occupied by two (2) families only. The dwelling units may be either attached side by side or one (1) above the other.

      (38)   "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied by a single family and consisting of a complete bathroom with toilet, lavatory and tub or shower facilities; one (1) and one (1) only complete kitchen or kitchenette with approved cooking, refrigeration and sink facilities; approved living and sleeping facilities. All of these facilities shall be in contiguous rooms and used exclusively by such family. The terms "dwelling unit", "apartment" and "suite" shall be considered synonymous.

      (39)   "Enclosed space" means an area that is surrounded on all sides. See also "building".

      (40)   "Family" means a group of individuals who function as a single, cohesive household. The Zoning Administrator shall determine whether a specified group of persons constitutes a household by virtue of being the functional equivalent of a family in the manner set forth in Section 1103.04.

Notwithstanding the provisions of this definition, no family unit shall exceed in total number those persons permitted under the applicable provisions of the Housing Code describing required habitable floor and bedroom areas for each occupant.

      (41)   “Farmers’ market” means a market consisting of individual vendors, mostly farmers/producers who sell directly to customers.

      (43)   "Floor area, gross" means the total number of square feet of all floor space contained within the outside surface of the exterior walls of a building or from the center line of a common wall separating two (2) buildings but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

      (45)   "Floor area ratio" means the ratio between the number of square feet of floor area and the number of square feet of land in the lot.

      (46)   "Foster child" means a person under eighteen (18) years of age who is placed in a dwelling unit by an institution or agency, licensed or approved by an appropriate State-regulating agency to place foster children.

      (46.5)   “Frontage” means the area on a lot between the primary or secondary facade of the building and the right-of-way line. Corner lots have two frontages, a primary frontage and a secondary frontage.

         A.    “Primary Frontage” means the frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width.

         B.    “Secondary Frontage” means any frontage that is not the primary frontage.

      (46.6)   “Frontage Type” means the specific design and configuration of the building facade, and the associated space between the facade and the public right-of-way and may include space within the public right-of-way.

         A.    “Arcade” – A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk level remains at the frontage / build-to line. This type is conventional for retail use. The arcade shall be no less than twelve (12) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

         B.    “Common Yard” – A frontage wherein the facade is set back substantially from the frontage / build-to-line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape.

         C.    “Forecourt” – A frontage wherein a portion of the facade is close to the frontage / build-to line and the central portion is set back. the forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.

         D.    “Gallery” – A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than ten (10) feet wide and may overlap the whole width of the sidewalk to within two (2) feet of the curb.

         E.    “Light Court” – A frontage wherein the facade is set back from the frontage / build-to line by an elevated terrace or a sunken light court. This type buffers residential use from sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes in commercial uses.

         F.    “Porch and Fence” – A frontage wherein the facade is set back from the frontage / buildto line with an attached porch permitted to encroaching. A fence at the build-to line (optional) maintains the demarcation of the yard. The porches shall be no less than eight (8) feet deep.

         G.    “Stoop” – A frontage wherein the facade is aligned close to the frontage / build-to line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground floor residential use.

         H.    “Shopfront and Awning” – A frontage wherein the facade is aligned close to the frontage / build-to line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

         I.   “Terrace” – A frontage wherein the facade is set back from the frontage / build-to line by an elevated terrace or a sunken light court. This type buffers residential use from sidewalks and removes the private yard from public encroachment. The terrace is suitable for conversion to outdoor cafes in commercial uses.

      (47)   "Funeral home" means a building or part thereof used for human funeral services. Such building may contain space and facilities for:

         A.   Embalming and the performance of other services used in preparation of the dead for burial;

         B.   The performance of autopsies and other surgical procedures;

         C.   The storage of caskets, funeral urns, and other related funeral supplies; and

         D.   The storage of funeral vehicles, but shall not include facilities for cremation.

Where a funeral home is permitted, a funeral chapel shall also be permitted.

      (48)   "Game rooms" means any premises open to the public other than a residence upon or within which there is located more than seven (7) billiard tables, bowling lanes, pinball machines, video games, other similar player-oriented amusement devices, as defined by the Codified Ordinances, or any combination of billiard tables, bowling lanes and amusement devices in excess of seven (7). For the purposes of this definition, residence shall include any single-family, two-family and multiple-family structure, and a dormitory for college students with a student union operated in conjunction with such dormitory facility, so long as such residence is open to residents and their invited guests only, and is not open to the general public.

      (51)   "Gasoline station" (See also "automobile service station") means an establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.

      (51.1)   “Glazing” means the glass components of a building’s façade as part of windows, doors or other fixed openings that have some degree of transparency.

      (52)   "Grade" means the average level of the finished surface of ground adjacent to the exterior walls of the building, except when any wall of a building approximately parallels and is not more than five (5) feet from a street right-of-way line, then the elevation of the street center line at the center of the building wall adjoining the street shall be the grade.

      (53)   “Greenbelt” means an open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of a developed area.

      (54)   “Green roof” means a roof of a building that is partially or completely covered with vegetation and a growing medium with the capacity to absorb rainwater and reduce a building’s heat island effect.

      (55)   “Greenway” means a linear park, alternative transportation route, or open space conservation area that provides a passive recreational opportunity, pedestrian and/or bicycle paths and/or conservation of open spaces or natural areas.

      (56)   "Home occupation" means an occupation for gain which is subordinate and incidental to the use of the premises as a dwelling, carried on by a person in the home in which he or she resides.

      (57)   "Hotel" means a building in which lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than one (1) week, in contrast to a lodging house as defined in this section. Motels are not included in this definition.

      (58)   "Indoor recreation" means an indoor facility for any number of uses such as game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.

      (59)   “Industrial design” means an establishment where the form, usability, physical ergonomics, marketing, brand development and sales of various products are researched and developed. An industrial design establishment may only create prototypes of products, but may not manufacture products for sale and distribution. Outside storage or display is prohibited. All business, servicing, processing and storage uses must be located within the building.

   (59.1)   ”Institutional use” means a use that includes, but is not limited to, a place of worship, school, cemetery, public parking lot or garage, or similar uses.

      (60)   "Junk motor vehicle" means any motor vehicle, licensed or unlicensed, without regard to its age or value, that is parked in any unenclosed area of any portion of a yard or lot, with or without the consent of the owner of the property, for a period of seventy-two hours (72) hours or longer, when such motor vehicle is apparently inoperable, or is in such condition that it could not be legally operated on the public streets, or is in an extensively damaged, dilapidated or disassembled condition.

      (61)   "Junk yard" means any building, open area, or part thereof, used as a place of storage of waste and refuse or of old material which is capable of being used again in some form.

      (62)   "Landscaped area" means an area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.

      (64)   "Loading space, off-street" means an area located totally outside of any public right-of-way for the temporary parking of vehicles entering the premises for picking up and making delivery,

      (65)   "Lodging house" means a building occupied for, or arranged, intended or designed to be occupied for rooming, or rooming and boarding for compensation by not less than four (4) persons by prearrangement for definite periods of not less than one (1) week in contrast to a hotel which is open for occupancy for shorter periods. The term "lodging house" includes "boarding house" and "rooming house".

      (66)   "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. The term "zoning lot" is used synonymously with "lot" in this Zoning Code. Such lot shall have frontage on an improved public street but not include any portion thereof, or on an approved private street, and may consist of:

         A.   A single lot of record;

         B.   A portion of a lot of record; or

         C.   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

      (67)   "Lot area" means the area contained within the lot lines exclusive of any portion of the right of way of any public street.

      (68)   "Lot coverage" means the ratio of total ground floor area of all buildings on a lot to the area of the lot expressed as a percentage.

      (69)   "Lot line" means the boundary line defining the limits of the lot. "Lot line" is synonymous with "property line".

         A.   "Front lot line" means the line separating the lot from the street right of way on which the lot fronts.

         B.   "Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

         C.   "Side lot line" means any lot line other than a front or rear lot line.

      (70)   "Lot of record" means a lot or parcel of land the deed of which has been recorded in the office of the Recorder of Deeds of Cuyahoga County prior to the effective date of this Zoning Code.

      (72)   "Lot width" means the distance between the side lot lines measured along a straight line parallel to the front lot line at the required front setback line.

      (73)   "Mural" means a graphic illustration or presentation other than a sign that is painted or otherwise applied to an outside wall, facade or surface of a building or structure.

      (74)   “Neighborhood high school” means an educational facility designed to serve residents of the community with educational services for high school aged youth.

      (75)   "Nonconformity" means a lot, use of land, building, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments which do not conform to the regulations of the district or zone in which it is situated, and is therefore incompatible.

         A.   "Nonconforming use" means any building or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment thereto which, on such effective date, does not conform with the use regulations of the district in which it is situated.

         B.   "Nonconforming site condition" means any lot, building or structure lawfully existing on the effective date of this Zoning Code or any amendment thereto, which, on such effective date, does not conform to the lot area, width or yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.

      (76)   "Nursing home" means an extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation.

      (77)   “Ornamental Pool” means any water pool having less than 100 square feet of water surface containing less than two (2) feet of water at its deepest point, located out-of-doors on private property.

      (78)   “Outdoor Play Equipment” or “Recreational Equipment” means play apparatus such as swing sets and slides, sandboxes, poles for nets, trampolines and similar equipment.

      (79)   "Outdoor storage" means the keeping, in an unroofed area, of any goods, material, merchandise, vehicles, or junk in the same place for more than twenty-four (24) hours.

      (80)   "Overlay district" means a district described on the zoning map within which, through superimposition of a special designation, further regulations and requirements apply in addition to those of the underlying districts to which such designation is added.

      (81)   “Overnight boarding of animals” describes an activity that may be conditionally permitted in conjunction with an animal clinic, veterinary office, animal grooming facility, or animal day-care facility in which overnight care is provided for pet animals at the request of the pets’ owners.

      (82)   “Parcel” means a tract of land that is recorded by the Cuyahoga County Auditor as a distinct entity for taxing purposes and which is identified by a single permanent parcel number. (Ord. 55-2001. Passed 6-18-01.)

      (83)   "Parking deck" means a one (1) story unenclosed structure in which and on which motor vehicles may be parked.

      (85)   "Parking space, off-street" means an open or enclosed area adequate for parking an automobile with room for opening doors on both sides, with access to a public street. Arrangement of the parking space shall be such as to allow ingress and egress of an automobile without the necessity of moving any other automobile, and shall be located totally outside of any public right of way.

      (85.5)   “Parklet” means seating platforms that convert curbside parking spaces (or public rightof-way) into gathering or dining spaces.

      (85.7)   “Pedlet” means public platforms that convert curbside parking spaces into safe, pedestrian walkways. These installations provide access around expanded or new outdoor dining facilities installed on the sidewalk.

      (86)   "Personal services" mean any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.

      (87)   "Places of worship" mean a building in a residential district originally designed for and only for, and used primarily for public worship. The word "place of worship" includes the words "church", "chapel", "synagogue","temple", and "mosque", and their uses and activities which are customarily related. Church, chapel, synagogue, temple, mosque or other place dedicated to worship located in a commercial district shall be treated as a "meeting room" for the purposes of enforcing this Zoning Code.

    (88)   "Planned Development" shall mean an area of land in which a variety of residential, commercial and/or other uses are accommodated as a conditional use in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under the standard district regulations. The procedure for approval of such development contains requirements in addition to those of permitted uses.

      (89)   “Portable on-demand storage structure” means any container, storage unit, shed-like container or other portable storage structure with a volume equal to or exceeding fifty cubic feet other than an accessory building or shed complying with Code requirements that can be or is used for the storage of personal property of any kind and which is located for such purpose outside a building.

      (90)   "Premises" means a lot together with all buildings and structures thereon.

      (91)   "Public land" means any land owned by the City or by any other governmental entity.

      (92)   "Public use" means any use of a building or land by the City or by any other governmental entity for any public purpose.

      (93)   "Recycling collection station" means an accessory use that serves as a neighborhood drop-off point for the collection and temporary storage of small recoverable resources such as glassware, plastic jugs and metal cans, but which does not involve any processing.

      (93.5)   “Reflectivity” means the degree to which the glass panes of a window act as mirrors. Full reflectivity would be a glass pane that cannot be seen through and instead acts completely like a mirror. Lesser degrees of reflectivity allow visibility through the glass.

      (94)   “Regional high school” means an educational facility marketed and designed to serve a larger area than the community with educational services for high school aged youth.

      (95)   “Research and development, limited” means an establishment where research and development is conducted in industries that include, but are not limited to, green technology, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, electronics and instrumentation, and computer hardware and software. Limited research and development does not involve the manufacture, fabrication, processing or sale of products, except as incidental to the research and development business. Outside storage or display is prohibited. All business, servicing, processing and storage uses must be located within the building.

      (96)   "Research and testing laboratory" means a building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

      (97)   "Restaurant, counter service" means a retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready to consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed.

      (98)   "Right-of-way" means a strip of land taken, dedicated or otherwise recorded as an irrevocable right of passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges. "Right-of-way line" also means "street line".

      (99)   "Row house". (See also "dwelling, town house".)

      (100)   "Satellite dish receiving antenna" also referred to as a satellite earth station, means a round parabolic antenna designed to receive television broadcasts relayed by microwave signals from communications satellites orbiting the earth.

      (101)   "School facilities" mean publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Ohio R.C. Chapter 3313; or publicly or privately owned facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full-time day schools and which are operated by a board of education or an established religious organization.

      (102)   "Senior citizen apartment" mean a building or group of buildings containing independent living units of which no less than eighty percent (80%) are occupied by persons sixty-two (62) years or older or by disabled persons.

      (103)   "Setback" means the required minimum horizontal distance between a lot line and a structure as established by this Zoning Code.

      (104)   "Setback line" (See also "yard, required") means a line established by this Zoning Code generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this Zoning Code. The term "setback line" also includes "required setback line".

    (104.2)   “Shared Space” means temporary outdoor dining facilities, parklets, and pedlets within private property, such as private parking lots, as well as City-owned property, streets and other public rights-of-way, including on-street parking areas, sidewalks.

    (104.5)    “Shared Spaces Manual” includes the process, rules, and regulations related to the Shared Spaces Program, including eligible applicants, site selection, public health and safety, liquor permits, design permits, the application, the review and approval process, the installation and inspection process, rules regarding operation and maintenance, and rules regarding removal/renewal and evaluation.

    (104.7)    “Shared Spaces Program” means the City of Cleveland Heights’ permanent program to permit a Shared Space.

      (105)   "Sign" means any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images or illuminations. Signs shall be further classified by physical design or structure, and function or purpose based on the following:

         A.   Physical Characteristics.

            1.   "Advertising device" means any banner affixed on a pole, wire or rope, or streamer, wind operated device, flashing lights or other similar device.

            2.   "Awning" means a sign located on the face of the awning material.

            3.   "Freestanding" means a sign which is supported from the ground or a structure, other than a building.

            4.   "Marquee" means a sign affixed to a marquee which marquee is over an entrance to a building and supported from that building. For the purposes of these regulations, a marquee shall be permitted only for an auditorium used for dance, plays, concerts, movies and other similar productions.

            5.   "Portable" means a sign which is designed to be moved and is not permanently, or intended to be permanently, attached to a building, structure or the ground.

            6.   "Projecting" means a sign erected on the outside wall of a building and which projects out at an angle therefrom.

            7.   "Temporary" means a sign which is designed to be used for a period not to exceed forty-five (45) days, and which is either a window sign that is not painted on or otherwise permanently affixed to a window or glass portion of a door, or a yard sign.

            8.   "Wall sign" means a sign erected parallel to or affixed on the outside wall of any building, and not extending more than twelve (12) inches therefrom, and which does not project above the roof line or beyond the corner of the building.

            9.   "Window" mean a sign on the inside of a building affixed to, or near, a window for the purposes of being visible to and read from the outside of the building.

         B.   Functional.

            1.   "Building marker" means a sign indicating the name of a building and date and incidental information about its construction or historical significance, which sign is cut into a masonry surface or made of bronze or other permanent material, and mounted at the time the building was constructed or affixed subsequent to a structure being designated as an historical landmark.

            2.   "Commercial identification" means a sign primarily intended to identify the use, activity, service or business on the premises.

            3.   "Construction" means a sign identifying a building project only during the time of construction, including new construction, additions and renovations.

            4.   "Directional" means a sign located near the street directing or guiding traffic and parking on private property with no part of any such sign more than four (4) feet above grade.

            5.   "Institutional identification" means a sign identifying the name and/or address of a place of worship, school, public library, public safety facility, public park or playground, public recreation facility, cemetery, or public parking lot or garage, and which may include a bulletin board, and which contains only messages pertaining to activities on the site.

            6.   "Instructional" means a sign intended to instruct employees, customers or users as to specific parking requirements; the location or regulations pertaining to specific activities on the site or in the building; specific services offered, or methods of payment accepted.

            7.   "Name plate" means a sign indicating only the name and address of the person, business, profession or activity occupying the lot, or building(s).

            8.   "Public purpose/safety" means a sign erected by a public authority, utility, public service organization or private industry upon the public right-of-way or on private property which is required by law or otherwise intended to control traffic, direct, identify or inform the public, or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.

            9.   "Residential identification" means a sign identifying the name and address of a completed residential subdivision, or the name, address and phone number of a multiple-family development. A residential identification sign for a multiple- family development may also include a removable insert advising of a unit for rent in the building, subject to the provisions of Sections 1163.06(f)(2) and 1163.06(f)(6) herein.

      (106)   "Story" means that part of a building other than a basement or a half-story between any floor and the floor above, or, in its absence, the ceiling or roof above.

      (107)   "Street" means a public way which affords the principal means of access to abutting property.

      (108)   "Street center line" means a line halfway between the street right-of-way lines.

      (109)   "Structure" means anything constructed or erected, the use of which requires a fixed location on the ground or is attached to something having a fixed location on the ground, and including, but not limited to signs, fences, backstops for sports fields or courts, pergolas, decks, pools, patios, paved areas, sidewalks and gazebos.

      (110)   "Structural alteration" means any change that would prolong the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders.

      (111)   “Swimming Pool” means any water pool having more than 100 square feet of water surface, which is capable of containing in excess of two (2) feet of water at its deepest point, located out-of-doors on private property. All other pools are “ornamental pools.”

      (112)   “Sustainable” means in a manner which supports healthy, productive environments and minimizes waste and consumption of non-renewable materials.

      (113)   “Sustainable Development” means development which: increases the efficiencies with which buildings and their sites use energy, water and materials; and reduces building impacts on human health and environment through better siting, design, construction, operation, and maintenance.

      (114)   "Townhouse". (See also “dwelling, townhouse”.)

      (115)   “Veterinary office”. (See also “animal clinic”).

      (116)   “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions , including swamps, marshes, bogs, and similar areas. (See 40 CFR 232.2(r)). Wetlands shall be delineated by a site survey approved by the City of Cleveland Heights using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two (2) agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.

      (117)   “White roof” means a roof that is white or light in color that reflects light and heat and measurably reduces a building’s heat island effect.

      (118)   "Yard" means an open space on the same lot with a principal building that lies between the principal building and the nearest lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except for accessory uses, structures or buildings as expressly permitted in this Zoning Code.

      (125)   "Yard, width or depth" means the horizontal distance from a lot line to the principal building measured perpendicular to the building.

      (126)   "Zoning lot". (See also “lot”.)

      (127)   “Accessory parking space” means an open or enclosed area, accessible from a street, for parking motor vehicles of owners, occupants, employees, customers, or tenants of the main building or use.

      (128)   “Existing carriage house” means an existing, nonconforming accessory residential dwelling unit that was legally constructed or created prior to the adoption of this Zoning Code.

      (129)   “Façade” means any exterior wall of a structure, including projections from and attachments to the wall that are architecturally integrated into the structure. Projections and attachments shall include, but are not limited to, balconies and porches.

      (130)   “Primary structure” means a Structure having a roof supported by columns or by walls and intended for the shelter, housing, enclosure, or storage of persons or property. A primary structure shall include, but is not limited to porches, dwellings, principal buildings. A private parking garage, patio, or deck shall not be considered a primary structure.

      (131)   “Codified Ordinances” means the Codified Ordinances of the City of Cleveland Heights, as amended.

      (132)    “Meeting room” means a room or space for public assembly or meeting.

      (133)   “Rain barrel” means a container used to collect and store rainwater runoff, typically from roof tops via rain gutters.

      (134)    “Rain garden” means an area of land designed to capture stormwater runoff from impervious areas such as roofs, driveways, walkways, parking lots, and compacted lawn areas, and allow it to infiltrate in to the water table.

         (Ord. 025-2023. Passed 6-5-23; Ord. 127-2023. Passed 11-6-23; Ord. 187-2023. Passed 1-16-24; Ord. 010-2025. Passed 2-18-25.)

   For the purposes of enforcement of this Zoning Code, as well as any other references within the Codified Ordinances, the following standards shall be used by the Zoning Administrator in order to make a determination of whether a specified group of persons constitutes a household by virtue of being the functional equivalent of a family. A group of three (3) or fewer unrelated persons shall be deemed the functional equivalent of a family regardless of the presence or absence of any factors described herein.

   (a)   Responsibilities. It shall be the responsibility of the property owner to provide information / evidence as may be required by the Zoning Administrator as defined herein to document that a household meets the functional equivalency test as a family. The Zoning Administrator through the powers and duties set forth in Section 1107.02 shall have the final determination in deciding whether the functional equivalency test is met.

   (b)   Factors. The determination of whether a group of four (4) or more unrelated persons living together are the functional equivalent of a family shall be based on the following factors. The presence or absence of any single factor is not necessarily determinative of whether the unit constitutes a family.

      (1)   The same group of persons, or a majority of them, has resided together at a different location for a period of no fewer than six (6) months, or resided together at the present location for at least twelve (12) months shall be considered evidence in support of the proposition that the group is a household.

      (2)   One (1) or two (2) members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sub-lease, hold harmless or other arrangements to pro-rate the rent or recover the rent from other members of the group shall be considered evidence in support of the proposition that the group is a household.

      (3)   Individual members of the group have entered into separate leases for the same premises or parts thereof, with the obligation under each lease constituting only a portion of the total periodic rent payment due to the landlord for occupancy of the premises shall be considered evidence negating the proposition that the group is a household.

      (4)   The premises are furnished with key-operated locks on individual rooms or with other means through which one (1) member of the group may prevent other members of the group from entering his/her room or portion of the premises when he/she is not physically present shall be considered evidence negating the proposition that the group is a household. Existence of a skeleton key, deadbolt, chain, or other locking device operated only from the inside of the room shall not be considered as evidence of the status of the group.

      (5)   Voter registration by a majority of the eligible members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a household.

      (6)   Drivers licenses held by a majority of the adult members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. Driver's licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a household.

      (7)   The registration of motor vehicles regularly found at the dwelling listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The regular presence at the dwelling of one (1) or more motor vehicles belonging to members of the group and registered at one (1) or more other addresses shall be considered evidence negating the proposition that the group is a household.

      (8)   The filing of tax returns by a majority of the members of the group listing the address of the group's dwelling shall be considered evidence in support of the proposition that the group is a household. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a household. Evidence that one (1) or more individuals are claimed as dependents on the income tax return of individuals not resident in the household shall be considered evidence that the group is not a household.

      (9)   The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one (1) or more members of the group acting in the role of parents (and primary care-givers) shall be considered evidence in support of the proposition that the group is a household.

      (10)   Evidence that different residents of the dwelling unit are away during the summer and that they have several as opposed to a single summer address shall be considered evidence negating the proposition that the group is a household.

      (11)   Evidence of common acquisition and ownership of furniture and appliances shall be considered evidence in support of the proposition that the group is a household.

      (12)   Full-time employment of some members of the group in the general community shall be considered evidence in support of the proposition that the group is a household.

      (13)   Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a household. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered "regularly prepared."

   (c)   Evidence. In making the determination of whether the group constitutes a household, the decision shall be made based on the preponderance of the evidence made available to the Zoning Administrator by the property owner or designee. The property owner or designee shall carry the burden of proof.

      (Ord. 025-2023. Passed 6-5-23.)

   The purpose of this Chapter is to establish zoning districts in order to realize the general purposes set forth in this Zoning Code to provide for orderly growth and development, and to protect the property rights of all individuals by assuring the compatibility of uses and practices within districts.

(Ord. 025-2023. Passed 6-5-23.)

   For the purposes of this Zoning Code the City is hereby divided into the following districts of permitted uses as follows:

   AA   Single-Family Residential District

   A   Single-Family Residential District

   B   Two-Family Residential District

   MF-1   Multiple-Family Residential District

   MF-2   Multiple-Family Residential District

   MF-3   Multiple-Family Residential District

   C-1   Office District

   C-2   Local Retail District

   C-2X   Multiple Use District

   C-3   General Commercial District

   P   Park District

   S-1   Mixed Use District

   S-2   Mixed Use District

   PDO   Planned Development Overlay District.

   (Ord. 20-2012. Passed 5-21-12.)

   The districts established in Section 1105.02 are shown upon the Zoning Map, which, together with all accompanying notations, references, rules and designations, is hereby adopted and made a part of this Zoning Code, thereby having the same force and effect as if herein fully described in writing. The map is entitled "Zoning Map of the City of Cleveland Heights" and, with all its future additions, amendments, changes and supplements, designates the area assigned to the respective use districts and their boundaries.

(Ord. 20-2012. Passed 5-21-12.)

   The several districts may be designated upon the Zoning Map by use of the respective symbols used in Section 1105.02. Such symbols when used in this Zoning Code refer to their respective districts.

(Ord. 20-2012. Passed 5-21-12.)

   The following rules shall be used to determine the precise location of any zoning district boundary when there is a discrepancy or uncertainty as to the precise location of the boundary:

   (a)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries;

   (b)   Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map;

   (c)   Whenever any street, alley, or other public way is vacated by official Council action, the zoning district adjoining each side of such street, alley, or public way shall automatically be extended to the center of such vacation, and all areas within that vacation shall thenceforth be subject to all regulations appropriate to the respective extended district;

   (d)   All questions and disputes concerning the exact location of zoning district boundaries shall be resolved by the Board of Zoning Appeals.

      (Ord. 20-2012. Passed 5-21-12.)

   The Planning and Development Director, may designate a person known as the Zoning Administrator to administer and enforce this Zoning Code. The Zoning Administrator may be provided with the assistance of such other persons as the Planning and Development Director may direct.

(Ord. 010-2025. Passed 2-18-25.)

   For the purpose of this Zoning Code, the Zoning Administrator shall have the following duties:

   (a)   Enforce the provisions of this Zoning Code and interpret the meaning and application of its provisions.

   (b)   Issue zoning approval as provided by this Zoning Code and keep a record of same with a notation of any special conditions involved.

   (c)   Accept and review for completeness all applications upon which the Zoning Administrator is authorized to review by the provisions of this Code. The Zoning Administrator shall promptly review each application submitted to determine compliance with applicable district regulations and submission requirements. If the application is deemed insufficient, the Zoning Administrator shall promptly notify the applicant of necessary changes. If the application is deemed sufficient and the application fee has been paid, the Zoning Administrator shall officially accept the application on that date from consideration of the action(s) requested.

   (d)   Respond to questions concerning applications for amendments to the Zoning Code text and the official Zoning Map.

   The Board of Zoning Appeals is hereby established. The Board shall have the powers and shall perform the duties prescribed in this Zoning Code and shall establish such rules and regulations as it determines to be necessary for taking and hearing of appeals to the Board and other proceedings of the Board.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   The Board of Zoning Appeals shall consist of five (5) regular members, all of whom shall be residents of the City of Cleveland Heights, appointed by Council and not employed by the City of Cleveland Heights, as well as one (1) alternate member having the same qualifications as the regular members who shall serve in the absence or disqualification of a regular member. The alternate member may participate in a meeting as a Board member only if he/she is acting as a replacement for a regular Board member at such meeting.

   (b)   The terms of all members shall be for a period of four (4) years. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment. Council may remove any member for cause.

   (c)   The Board shall annually choose a chairperson from its members, who shall serve until his or her successor is chosen.

   The chairperson and other members of the Board of Zoning Appeals shall each receive such compensation, and the expenses of the Board shall be paid, as Council may provide by ordinance. (Ord. 025-2023. Passed 6-5-23.)

   A Secretary of the Board of Zoning Appeals shall be provided by the Planning and Development Director. The Secretary shall keep a permanent record of the attendance of the members and of the proceedings of the Board, showing its action and the votes of the several members upon all resolutions, decisions and proceedings of the Board. The Secretary shall prepare all notices, conduct all correspondence and perform such other duties as shall be required by the Board. All files and records shall be kept and shall be public records.

(Ord. 025-2023. Passed 6-5-23.)

   For the purpose of this Zoning Code, the Board of Zoning Appeals is given the following powers and duties:

   (a)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator in the administration or enforcement of this Zoning Code.

   (b)   To authorize such variances from the terms of this Zoning Code as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of this Code will result in practical difficulty or, in the case of a use variance, unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done. Specifically, variances shall be reviewed according to the criteria set forth in Section 1115.07(e) and may be granted as guided by the following:

      (1)   Vary the yard or height regulations for a permitted principal or accessory building or structure where there is an exceptional or unusual physical condition of a lot when the condition is not generally prevalent in the neighborhood and which, when related to the yard regulations of this Zoning Code, would prevent a reasonable arrangement of buildings on the lot.

      (2)   Vary the sign regulations where topography or existing buildings interfere with usual visibility under such conditions, including time limits, as the Board may deem necessary in order to prevent the granting of a special privilege.

   The Planning Commission is hereby established in accordance with Article XI of the City Charter and shall perform the duties prescribed in this Zoning Code. The Commission shall establish such rules and regulations as it determines to be necessary to perform the duties prescribed in this Zoning Code.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   The Planning Commission shall consist of seven (7) voting members, all of whom shall be residents of the City of Cleveland Heights, appointed by the Council, and not employed by the City of Cleveland Heights.

   (b)   The terms of all members shall be for a period of six (6) years. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment. Council may remove any member for cause.

   (c)   There shall be the following nonvoting members of the Planning Commission: the Chairman of the Council Planning and Development Committee, and the Mayor.

   (d)   The Commission shall annually choose a chairperson from its members, who shall serve until his or her successor is chosen.

(Ord. 025-2023. Passed 6-5-23.)

   The Chairman and other members of the Planning Commission each shall receive such compensation, and the expenses of the Planning Commission shall be paid, as Council may provide by ordinance.

(Ord. 025-2023. Passed 6-5-23.)

   A Secretary of the Planning Commission shall be provided by the Planning and Development Director. The Secretary shall keep a permanent record of the attendance of the members and of the proceedings of the Planning Commission, showing its action and the votes of the several members upon all resolutions, decisions and proceedings of the Planning Commission. The Secretary shall prepare all notices, conduct all correspondence and perform such other duties as shall be required by the Planning Commission. All files and records shall be kept and shall be public records.

(Ord. 025-2023. Passed 6-5-23.)

   For the purpose of this Zoning Code, the Planning Commission has the following powers and duties:

   (a)   Pursuant to Article XI, Section 2 of the City Charter, the Planning Commission may make recommendations to Council and the Mayor on all matters affecting the physical development of the City. These may include, without limitation:

      (1)   To make recommendations on plans and maps of the whole or any portion of the City and make recommendations on changes in such plans or maps when it deems it advisable;

      (2)   To investigate and propose on its own initiative recommendations for such amendments to the Zoning Code as it may deem wise and proper;

      (3)   To investigate and prepare on its own initiative recommendations for the location and design of public parks, parkways, playgrounds, recreational facilities and other park areas;

   (b)   In addition to the powers conferred by Charter, the Planning Commission shall have the following powers and duties:

      (1)   To review and approve or disapprove an application for a conditional use for a particular zoning lot;

      (2)   To determine that a proposed use that is not listed or provided for in this Zoning Code is substantially similar to a principal or conditionally permitted use that is listed and provided for in this Code;

      (3)   To review development plans and/or conditional uses as required by this Zoning Code;

      (4)   To hear any unresolved complaints concerning any conditional use permits, including those issued by the Zoning Administrator. Planning Commission shall have the power to revoke, modify, or affirm any issued conditional use permits that are the subject of unresolved complaints;

      (5)   To review any substantial changes to public parks.

      (6)   To review ordinances submitted to it by Council, including ordinances to amend the Zoning Code and Map and to submit to Council the Commission's recommendations with respect to such ordinances;

      (7)   To review and approve or disapprove plats for the resubdivision of any lots or parcels of land. As used in this Chapter, resubdivision includes either dividing or joining of lots or parcels;

      (8)   To recommend to the Landmark Commission for its consideration such places, buildings, structures, works of art and other suitable objects as the Planning Commission shall believe may be eligible for a designation as a landmark, in accordance with Chapter 143 of the Codified Ordinances;

      (9)   At the request of Council to investigate and make recommendations to Council with respect to:

         A.   The general design and development plan for the location, relocation or removal (elimination or demolition) of, or major alterations in or with respect to, public buildings or other public structures, including landscaping with respect to any new or relocated facility referred to in this subsection.

         B.   The establishment, location, relocation or vacation of streets, highways or other public places.

         C.   Any proposed ordinance or regulation proposing or dealing with or related to any feasibility study with respect to the use and/or development of land within the City, including transportation plans or proposals, capital improvements, land acquisitions, land use and any and all other programs for the development and/or improvement of the City or a portion thereof.

      (10)   To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

      (11)   To otherwise fulfill responsibilities which may be conferred upon the Planning Commission by action of Council.

         (Ord. 025-2023. Passed 6-5-23.)

   The Board of Control is established to administer the provisions of Chapter 1143 governing the S-1 Mixed Use District. The Board shall have full power and authority to do and perform any and all acts provided for herein and necessary or incident to the successful administration and execution of the powers provided for in this Zoning Code. Such powers so granted are subject to the powers reserved to Council by Section 1143.10.

(Ord. 20-2012. Passed 5-21-12.)

   The Board of Control shall consist of five (5) members: the President of Council; the chairperson of the Planning and Development Committee of Council; the Mayor; the chairperson of the Planning Commission; and the chairperson of the Board of Zoning Appeals; by virtue of their respective offices or positions. All members shall serve without compensation.

(Ord. 025-2023. Passed 6-5-23.)

   (a)   In order to accomplish the purposes for which this Zoning Code is adopted, it is essential that its regulations be soundly and consistently applied, and that this Code be vigorously administered.

   (b)   Administrative provisions are accordingly established in this Chapter to carry out the purposes and other substantive provisions of this Zoning Code, and in particular:

      (1)   To establish procedures for the administration of this Code.

      (2)   To establish procedures for considering and acting upon applications for building permits, appeals from administrative actions, requests for variances, requests for conditional uses, determination of similar uses and approval of development plans for a conditional use.

   No building or other structure shall be erected, constructed, reconstructed, enlarged, moved or structurally altered nor shall any excavation or site improvements be commenced, until a building permit has been applied for and received by the owner of the property involved or a person having an interest in such property and acting under written authority of the owner, and issued by the Building Commissioner. If applicable, no building permit shall be issued until the Zoning Administrator or designated agent has approved the application for the permit for Zoning Code compliance.

   (a)   Such approval shall be granted only when:

      (1)   The Zoning Administrator or designated agent finds that all applicable requirements and standards of this Zoning Code have been complied with;

      (2)   A request for a variance has been approved by the Board of Zoning Appeals in accordance with the limitations, procedures and requirements of this Chapter and has been approved by Council, as applicable;

      (3)   The Planning Commission or Zoning Administrator has issued a conditional use permit for the conditional use in accordance with the procedures described in this Chapter;

      (4)   The Planning Commission has made a determination in accordance with the procedures described in this Chapter that a proposed use is substantially similar to a principal or conditionally permitted use in the zoning district in which such use is located;

      (5)   The Board of Control has approved a detailed development plan for a proposal in the S-1 District, according to the procedures established in Section 1143.10; and/or

      (6)   The Architectural Board of Review has approved the application for the proposed use, building or structure as required by the City's Codified Ordinances including this Zoning Code.

   (b)   In the event that an application for a building permit requires approval by more than one (1) board or commission, the following order of review should generally be observed:

      (1)   Review by the Board of Zoning Appeals, as applicable;

      (2)   Review by the Architectural Board of Review, as applicable;

      (3)   Review by the Landmarks Commission, as applicable;

      (4)   Review by the Planning Commission or Board of Control, as applicable;

      (5)   Review by Council, as applicable.

   (c)   In the event that an application for a fence permit requires approval by more than one (1) board or commission, the following order of review should generally be observed:

      (1)   Review by the Architectural Board of Review, as applicable;

      (2)   Review by the Board of Zoning Appeals, as applicable;

      (3)   Review by the Planning Commission or Board of Control, as applicable;

      (4)   Review by Council, as applicable.

   (d)   It is the objective of this Zoning Code to process applications as expeditiously as possible. Therefore, recognizing the interrelationships of the various review components, the Zoning Administrator, prior to Council consideration and with the consent of the applicant, may alter the above order to accomplish the review in an order deemed more timely.

   (e)   For the Shared Spaces Program, the above shall be superseded by the processes contained in the Shared Spaces Manual, as may be updated from time-to-time.

      (Ord. 127-2023. Passed 11-6-23.)

   Any permit issued contrary to the provisions of this Zoning Code shall be void. Any material misstatement of fact by an applicant for a permit or any material misrepresentation in the plans or specifications shall render void any permit issued pursuant thereto.

(Ord. 20-2012. Passed 5-21-12.)

   Except as otherwise provided in this Zoning Code, no provision in this Code which in any way restricts the use of lands or buildings shall be held to apply to locating the distribution lines of public utility companies, whether municipally owned or privately owned, such as water mains, gas mains, telephone and electric lines above or below ground, essential for the service to the residents of the community. The foregoing exclusion, however, shall not include permanent storage yards, supply depots, manufacturing or service and repair shops, or distribution, transmission and transformer stations as specifically listed and regulated in Sections 1123.04 and 1131.02. (Ord. 20-2012. Passed 5-21-12.)

   The Zoning Administrator shall maintain a record of all action taken by the Board of Zoning Appeals and Planning Commission, and copies shall be furnished, upon request, and upon payment of the established fee to any person. (Ord. 20-2012. Passed 5-21-12.)

   Appeals may be taken to the Board of Zoning Appeals by any person adversely affected by a decision of the Zoning Administrator.

   (a)   Initiation of Appeal. Such appeal shall be taken within thirty (30) calendar days from issuance of notice of the decision of the Zoning Administrator by filing with the Zoning Administrator and the Secretary of the Board of Zoning Appeals a written notice of appeal specifying the grounds thereof and accompanied by the fee established by Council.

   (b)   Transmittal to the Board. The Zoning Administrator shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

   A request for variance may be submitted to the Board of Zoning Appeals by the owner of the property involved or a person having a legal interest in such property acting under written authority of the owner. Requests shall be filed with the Zoning Administrator upon the forms provided, and shall be reviewed by the Board pursuant to Section 1109.06(b), and in accordance with the following procedures:

   (a)   Submission Requirements. A request for a variance from a standard in this Zoning Code shall be accompanied by the following requirements necessary to convey the reasons for the requested variance:

      (1)   Name, address, email address and phone number of applicant(s);

      (2)   Proof of ownership, or legal interest and written authority from owner;

      (3)   Description of property or portion thereof;

      (4)   Description or nature of variance requested;

      (5)   Narrative statements establishing and substantiating the justification for the variance pursuant to Section 1115.07(e);

      (6)   Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;

      (7)   Payment of the application fee as established by Council;

      (8)   Any other documents deemed necessary by the Zoning Administrator.

   (b)   Review for Completeness by the Zoning Administrator. Upon receipt of a written request for variance, the Zoning Administrator shall within ten (10) business days make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation and if it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Administrator shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.

   (c)   Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within seventy-five (75) days from the date the application is accepted as complete by the Zoning Administrator.

   (d)   Notice of Public Hearing. Before conducting the public hearing required in subsection (c) hereof, notice of such hearing shall be posted on the City’s website at least ten (10) days before the date of such hearing. In addition, written notice of the hearing shall be mailed by the Zoning Administrator at least ten (10) days before the day of the public hearing to the applicant and also to the owner of the property if he or she is not the applicant, and to adjacent properties to the attention of the owners of such properties as follows:

      (1)   Properties on the same side of the street which abut the site on which the building or use is sought to be located;

      (2)   Properties on the same side of the street next contiguous to the premises so abutting;

      (3)   Properties across the street immediately opposite the site; and opposite the abutting and contiguous premises referred to in subsections (1) and (2) hereof; and

      (4)   All other premises abutting the site.

   The notice shall set forth the time and place of the public hearing and the nature of the proposed variance. The failure of any person to receive such notice shall not affect the right and power of the Board to hear such request or to take action in accordance with such public notice.

   (e)   Review by Board. The Board of Zoning Appeals shall review each request for a variance to determine if such request complies with the purpose and intent of this Zoning Code and the applicant can demonstrate that the literal enforcement of this Code will result in practical difficulty or, in the case of a use variance, unnecessary hardship.

      (1)   The following factors shall be considered and weighed by the Board in determining whether the applicant has met the burden of demonstrating practical difficulty by the preponderance of the evidence:

         A.   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

         B.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

         C.   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

         D.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

         E.   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;

         F.   Whether the property owner purchased the property with knowledge of the zoning restrictions;

         G.   Whether special conditions or circumstances exist as a result of actions of the owner;

         H.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

         I.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and

         J.   Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures or buildings in the same district.

      (2)   No variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located unless the Board finds, and Council approves, that the applicant for the variance has demonstrated that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and the applicant has met the burden of demonstrating such hardship by clear and convincing evidence as to all of the following criteria:

         A.   The property cannot be put to any economically viable use under any of the permitted uses in the zoning district;

         B.   The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;

         C.   The hardship condition is not created by actions of the applicant;

         D.   The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

         E.   The granting of the variance will not adversely affect the public health, safety or general welfare;

         F.   The variance will be consistent with the general spirit and intent of the Zoning Code; and

         G.   The variance sought is the minimum which will afford relief to the applicant.

   (f)   Action by Board of Zoning Appeals. After the public hearing required in subsection (c) hereof, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (g) hereof, or disapprove the request for variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.

   (g)   Conditions and Limitations by Board. The Board of Zoning Appeals may further prescribe any conditions, stipulations, safeguards and limitations on the duration of the variance so authorized as the Board determines and prescribes. Any variance when so issued by the Zoning Administrator upon order of the Board following approval by Council if required by subsection (i) hereof shall set forth such conditions, stipulations, safeguards and duration limit. The Board may not extend the scope or extend the duration of a variance previously issued upon its order. Any additional action so desired may be effected only upon application to the Zoning Administrator for approval of a new variance in accordance with the provisions of this Zoning Code.

   (h)   Time Frame for Board Action. A person initiating a request for variance to the Board may request that the Board approve or disapprove such request for variance within ninety (90) days of the start of the public hearing. A person requesting a variance may by subsequent written communication or by oral representation under oath agree to an extension of such prescribed time for Board action. Failure of the Board to act within the ninety (90) days or extended time period as so agreed upon, shall, at the election of the person seeking such variance, be deemed a denial of the request for variance. A Board action not subject to Council approval by subsection (i) hereof becomes and is in full force and effect at the time of said Board action pursuant to Section 1109.05.

   (i)   Approval by Council. A use variance shall be granted and have effect only following approval by Council. A certified copy of the finding of the Board granting such variance shall be filed with the Clerk of Council. The record before the Board as well as a staff report shall be provided to Council. If Council finds the applicant met the burden of demonstrating all the criteria set forth in Section 1115.07(e)(2) by clear and convincing evidence, Council shall approve the action of the Board. If Council does not find that the applicant demonstrated all the criteria set forth in Section 1115.07(e)(2) to the Board by clear and convincing evidence, Council shall disapprove the action of the Board. Council shall set forth the specific reasons for such disapproval. If, within the forty-five (45) day period next succeeding such filing, Council by a majority vote disapproves the Board's action in granting the use variance, the use variance shall be void and shall not be issued, otherwise the use variance, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the forty-five (45) day period. However, should Council approve the action of the Board within the forty-five (45) day period, the variance becomes in full force and effect from the date of the approval.

   (j)   Terms of the Variance. Each variance granted by the Board of Zoning Appeals shall state upon its face the time limit within which the applicant shall complete the installation, construction or alteration of the structure which is the subject of the application. Failure on the part of the applicant to complete the installation, alteration or construction within the allotted time shall terminate all rights under such permit. However, the Board may, for good cause shown, extend from time to time the time limit but in no case more than a date eighteen (18) months from and after the date of the original time limit within which the applicant was required to complete the installation, construction or alteration, unless construction is actively underway. If any action is taken that is contrary to the terms of the variance or contrary to conditions accompanying the variance, or if the conditions stipulated are not properly maintained, the Board may revoke such variance. A variance granted pursuant to this chapter shall "run with the land" and be valid for successors in interest unless otherwise specified by the Board.

      (Ord. 025-2023. Passed 6-5-23.)

   (a)   Submission Requirements. An application for a conditional use permit shall be accompanied by plans, elevations, drawings, and other documentation as set forth in Section 1115.09, and the payment of the application fee as established by Council.

   (b)   Review for Completeness by the Zoning Administrator. Upon receipt of an application, the Zoning Administrator shall, within ten (10) working days, make a preliminary review of the application to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Administrator shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.

   (c)   Public Hearing by the Planning Commission. The Planning Commission shall hold a public hearing within seventy-five (75) days from the date the application is accepted as complete by the Zoning Administrator.

   (d)   Notice of Public Hearing. Before conducting the public hearing required in subsection (c) hereof, notice of such hearing shall be posted on the City’s website at least ten (10) days before the date of such hearing. In addition, a written notice of the hearing shall be mailed by the Zoning Administrator or designated agent at least ten (10) days before the day of the public hearing to the applicant, the owner of the property if he or she is not the applicant, and to adjacent properties to the attention of the owners of such properties as follows:

      (1)   Properties on the same side of the street which abut the site on which the building or use is sought to be located;

      (2)   Properties on the same side of the street next contiguous to the premises so abutting;

      (3)   Properties across the street immediately opposite the site; and the premises opposite the abutting and contiguous premises referred to in subsections (1) and (2) hereof; and

      (4)   All other premises abutting the site.

   The notice shall set forth the time and place of the public hearing and the nature of the proposed conditional use. The failure of any person to receive such notice shall not affect the right and power of the Commission to hear such application or to take action in accordance with such public notice.

   (e)   Review by the Commission. The Planning Commission shall review each application for a conditional use permit to determine if such request complies with the purpose and intent of the conditional use regulations as set forth in Title Seven of this Zoning Code.

   (f)   Action by the Planning Commission. After the public hearing required in subsection (c) hereof, the Commission shall either approve, approve with supplementary conditions as specified in subsection (g) hereof, or disapprove the request for conditional use permit.

   (g)   Additional Conditions. The Planning Commission may impose such additional conditions, stipulations, safeguards and limitations on the duration of the use as it may deem necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Zoning Code will be observed. Any conditional use permit when so issued by the Zoning Administrator upon order of the Commission shall set forth such conditions, stipulations, safeguards and duration limit. The Commission may not extend the scope or extend the duration of a conditional use permit previously issued upon its order. Any additional action so desired may be effected only upon application to the Zoning Administrator for issue of a new conditional use permit in accordance with the provisions of this Zoning Code.

   (h)   Time Frame for Commission Action. An applicant may request that an application for a conditional use permit be acted upon by the Commission within ninety (90) days of the start of the public hearing. An applicant may by subsequent written communication or oral representation under oath agree to an extension of such prescribed time for Commission action. Failure of the Commission to act within the ninety (90) days or extended time period as so agreed upon, shall, at the election the applicant, be deemed a denial of the conditional use permit. A Commission action becomes and is in full force and effect at the time of said Commission action pursuant to Section 1111.05.

   (a)   Preparation of Development Plan. Development plans shall be prepared by a qualified professional, drawn to an appropriate scale and shall include the following information:

      (1)   Plat, plot plan. Plat, property lines of the parcel or parcels proposed for development including existing utilities, easements, street rights-of-way, and locations of existing principal buildings and land uses on adjacent parcel and across existing streets. Permanent parcel numbers of the development and adjacent parcels shall be included.

      (2)   Topography. Topographic maps showing existing and generally proposed grading contours at not greater than two (2) foot intervals including integration into and topography on adjacent properties, wooded areas and trees of substantial size. The topography may be included on the plot plan.

      (3)   Principal and accessory buildings. The number, height, location and grouping of proposed dwelling units, nonresidential uses, recreational facilities and public uses, along with notation of the development standards for building spacing, setback from public streets and maximum building height.

      (4)   Traffic. The proposed system of on-site vehicular circulation, details for access to streets, methods for control of traffic, and an assessment of the impact of the proposed development on the existing circulation system.

      (5)   Parking areas. The layout, dimensions and estimate of the number of parking spaces, the landscaping and other design features of the parking area and types of pavement.

      (6)   Outdoor lighting fixtures. The location, type and illumination intensity of any existing or proposed outdoor lighting fixtures.

      (7)   Signs. Indication of the size, location, color and nature of any existing or proposed signs on the property.

      (8)   Landscaping and screening plan. A preliminary description of the location and nature of existing and proposed vegetation, landscaping and screening elements.

      (9)   Outdoor storage. The location and layout of all outdoor storage including storage of waste materials and trash receptacles.

      (10)   Phasing, sequencing of project. A detailed statement of the phasing and staging of specific elements of the plan, including a proposed construction sequencing schedule.

      (11)   Utilities. Show proposed location of new utilities and authority to connect these into existing infrastructure. Stormwater shall address requirements of Chapter 1335 , Stormwater Management.

   (b)   Review by Zoning Administrator. The Zoning Administrator shall determine that the application contains the above information or, when deemed unnecessary, make a written notation of those items specifically waived.

   (c)   Development Guidelines Prepared by Planning Commission. The Commission may prepare development guidelines for an area in an S-2 District or for a Planned Residential Development which shall set forth criteria for the development of a particular area. The guidelines shall contain those elements listed in subsection (a) hereof, as necessary, to set forth policy for permitted land use, building envelope, building height, allowable density and parking areas. Such development guidelines as prepared by the Planning Commission shall become the official Development Plan for the project area only upon approval by City Council. Subsequent to the approval of such Development Plan by Council a property owner, or agent thereof, may apply for a conditional use permit to develop all or a portion of the land within the area for which the Development Plan has been adopted. The applicant shall submit a project plan that contains the elements required in subsection (a) hereof to indicate compliance with the adopted Development Plan.

   (d)   Modifications to a Development Plan. After the issuance of a conditional use permit for a proposed development, the conditions, limitations, and phasing of construction specified in the permit shall only be altered or modified by the approval of a new conditional use permit according to the procedures of Section 1115.08.

   (e)   Preliminary Plans. The applicant may meet informally with the Planning Commission to review preliminary plans prior to preparing a development plan pursuant to subsection (a) hereof. Preliminary plans should be submitted to the Zoning Administrator ten (10) days prior to the Planning Commission meeting at which the review of the preliminary plan is scheduled on its agenda.

      (Ord. 010-2025. Passed 2-18-25.)

   Application for approval for development within an S-1 Mixed Use District shall require the submission of a development plan as set forth in Chapter 1143. Development Plan shall address requirements of Chapter 1335, Stormwater Management.

(Ord. 105-2017. Passed 1-16-18.)

   Council shall by ordinance establish a schedule of fees for building permits, amendments, appeals, variances, conditional use permits, and other procedures and services pertaining to the administration and enforcement of this Zoning Code after considering the recommendations of the Zoning Administrator with respect to actual administrative costs, both direct and indirect. The fees for the Shared Spaces Program shall be listed within the Shared Spaces Manual, as may be updated from time-to-time. All other fees shall be waived for the Shared Spaces Program. The schedule of fees shall be available on the City’s website, and may be altered or amended only by Council, with the exception of the fees associated with the Shared Spaces Program, which may be altered or amended administratively. 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. (Ord. 127-2023. Passed 11-6-23.)

   Property owners seeking a special exception from the Board of Zoning Appeals shall adhere to the procedures set out in Section 1115.07 for property owners seeking a variance, though Section 1115.07(e) shall not apply. Instead, the Board shall review the request for a special exception according to the terms of the section of this Code in which the special exception is authorized. (Ord. 065-2023. Passed 6-5-23.)

   The provisions of this Zoning Code shall be administered and enforced by the Zoning Administrator or a designated agent.

(Ord. 20-2012. Passed 5-21-12.)

   Building permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   The Zoning Administrator, or a designated agent, is hereby granted the power and authority to enter, at reasonable times, any premises in the City to investigate a condition which might constitute a violation of the provisions of this Zoning Code. The Zoning Administrator shall have the authority to require the person in control of or in charge of such premises to furnish a statement as to the number of persons occupying the premises, the terms and conditions of such occupancy and such other information as may be deemed pertinent to the investigation.

   (b)   Prior to entry to any property or structure for such examination or survey, the Zoning Administrator shall obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Administrator shall secure a valid search warrant prior to entry. (Ord. 20-2012. Passed 5-21-12.)

   Subsequent to a determination that work is being done contrary to this Zoning Code, the Zoning Administrator or designated agent shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Administrator or designated agent, shall constitute a punishable violation of this Code.

(Ord. 20-2012. Passed 5-21-12.)

   The Zoning Administrator may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.

(Ord. 20-2012. Passed 5-21-12.)

   Whenever the Zoning Administrator or designated agent finds any building, structure or premises, or any part thereof, to be in violation of the provisions of this Zoning Code, he or his agent shall give or cause to be given or mailed to the owner, agent, occupant or operator of such structure or premises a written notice stating the violation therein. Such notice shall order the owner, agent, occupant or operator, within a stated reasonable time to comply with the Zoning Code. Such delivery or mailing shall be deemed legal service of notice. If the person to whom a notice of violation is addressed cannot be found within Cuyahoga County after a reasonable and diligent search, then notice shall be sent by registered mail to the last known address of such person, and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of notice.

(Ord. 20-2012. Passed 5-21-12.)

   (a)   It shall be unlawful to:

      (1)   Use or occupy any land or place; build, erect, alter, remodel, restore or rebuild thereon any building or structure; or permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code; or

      (2)   Use or occupy any parcel of land or use or occupy a new building or make an enlargement or substitution or other change in the use or occupancy of any land or building without having received approval indicating compliance with the provisions of this Zoning Code from the Zoning Administrator; or

      (3)   Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code; or

      (4)   Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated; or

      (5)   Fail to maintain any conditions, stipulations, or safeguards imposed by the Board of Zoning Appeals or the Planning Commission when a variance was granted or conditional use permit issued; or

      (6)   Continue construction, renovation, or improvements contrary to a stop work order or notice of violation; or

      (7)   Refuse to permit the Zoning Administrator to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Code or refuse or fail to furnish to such Zoning Administrator a statement as to the number of persons occupying such premises; or

      (8)   Knowingly make any materially false statement of fact in an application to the Zoning Administrator for a permit or in the plans or specifications submitted to the Zoning Administrator in relation to such application.

   (b)   Any person, firm or corporation who violates this Zoning Code, or fails to comply with any of its requirements, shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), or imprisoned not more than six (6) months, or both, for each act or omission, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. 20-2012. Passed 5-21-12.)

   Whenever the public necessity, convenience, general welfare, petition by application, or good zoning practices require, City Council may by ordinance amend, revise, rearrange, renumber or recodify this Zoning Code or amend, supplement, change or repeal the boundaries or classification of property according to the procedures set forth in this Chapter and subject to the procedures provided by law. Such amending ordinance may be introduced upon Council's own initiative, upon recommendation of the Planning Commission, or upon petition.

(Ord. 025-2023. Passed 6-5-23.)

   Applications or petitions for amendments to the official Zoning Map adopted as part of this Zoning Code by Chapter 1105 shall contain at least the following information:

   (a)   The name, address, and phone number of the applicant and the property owner if other than the applicant;

   (b)   The proposed amending ordinance, approved as to form by the Director of Law;

   (c)   A statement of the reason(s) for the proposed amendment;

   (d)   Present use and zoning district;

   (e)   Proposed use and zoning district;

   (f)   A vicinity map at a scale approved by the Zoning Administrator showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Administrator may require;

   (g)   A statement on the ways in which the proposed amendment relates to the comprehensive plan or strategic plan;

   (h)   The payment of the application fee as established by Council.

      (Ord. 105-2017. Passed 1-16-18.)

   After the introduction of an amending ordinance by Council such amending ordinance shall be transmitted to the Planning Commission for its consideration and recommendation. The Commission shall be allowed a reasonable time, not less than thirty (30) days, nor more than sixty (60) days for its consideration and recommendations.

(Ord. 20-2012. Passed 5-21-12.)

   The Planning Commission may recommend to Council that the amendment be granted as requested, or it may recommend a modification of the amendment as requested, or it may recommend that the amendment be denied. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based. If the Planning Commission does not make a recommendation within sixty (60) days, and the time for responding is not extended by Council, Council shall determine that the recommendation of the Planning Commission is that the amendment be denied.

(Ord. 20-2012. Passed 5-21-12.)

   At the time of transmission of the amending ordinance to the Planning Commission, notice of the public hearing shall be given by Council by posting on the City’s website. Such notice shall be published prior to the date of the required hearing, per the notice regulations in Chapter 107 of the Codified Ordinances. The published notice shall set forth the time and place of the public hearing and a summary of the proposed amendment.

(Ord. 025-2023. Passed 6-5-23.)

   If the proposed amendment intends to rezone or redistrict ten (10) or less parcels of land, written notice of the hearing shall be mailed by the Clerk of Council, prior to the date of the public hearing, per the notice regulations in Chapter 107 of the Codified Ordinances, to all owners of property with, contiguous to, and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list, and to such other list or lists that may be specified by Council. The failure to deliver the notification as provided in this section shall not invalidate any such amendment. The notice shall contain the same information as required of notices as specified in Section 1119.05.

(Ord. 025-2023. Passed 6-5-23.)

   After the public hearing required by Section 1119.05, Council shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. If the Planning Commission recommends disapproval of a proposal for a Zoning Code amendment, Council shall not pass the proposed amendment except by the concurring votes of not less than three-fourths (3/4) of the members of Council. Any such proposal may be amended prior to the voting thereon by Council without further notice or postponement, if such amendment to the proposal shall be germane to the subject matter thereof and is in accord with the recommendation, if any, of the Commission.

(Ord. 20-2012. Passed 5-21-12.)

   The Planning Commission shall review the entire Zoning Code at least once each year and make recommendations to Council as to any changes which it recommends to improve this Zoning Code. The first annual review by the Planning Commission shall be completed not later than December 31, 1992, and each subsequent annual review shall be completed not later than December 31 of each year thereafter.

(Ord. 20-2012. Passed 5-21-12.)