Cleveland Heights City Zoning Code
TITLE ELEVEN
Nonconformities
APPENDIX Zoning Map Changes
Ord. No. | Passage Date | Description |
Ord. No. | Passage Date | Description |
121-1993 | 1-3-94 | Cain Park, Caledonia Park, Cumberland Park, Cumberland Park Extension, Denison Park, Euclid Heights Tot Lot, Forest Hills Park and Superior/School House Park from A Single-Family Residential to P Park District. |
124-1993 | 1-3-94 | Ambler Park, Rockefeller Park and Shaker Lakes Park from AA Single-Family Residential to P Park District. |
111-1995 | 11-6-95 | Property at 2583-2589 Overlook Rd. from A Single-Family to MF-3 Multiple Family. |
146-1995 | 1-16-96 | Property at 2465 Euclid Heights Blvd. from MF-1 Multiple Family Residential to A-Single Family Residential District. |
147-1995 | 12-18-95 | Property at corner of Euclid Heights Blvd. and Derbyshire Rd. from MF-1 Multiple Family Residential to P-Park District. |
38-1996 | 5-20-96 | Property on Lee Rd. between Redwood and E. Berkshire Rds. from C-1 Office to C-2 Local Retail District; property at 3219 E. Overlook Rd. from C-1 Office to A Single Family District. |
9-1999 | 4-19-99 | Various properties fronting on, or which abut other properties which front on Noble Rd. from Woodview Rd. NW to City limits from C-2 Local Retail to S-2 Mixed Use District. |
50-1999 | 6-7-99 | Permanent parcels 685-28-003, 685-28-021, 685-28-023 and 685- 28-004 near SE corner of Cedar Rd. and Fairmount Blvd. zoned Planned Development Overlay District. |
120-2000 | 1-16-01 | Several land parcels near intersection of Euclid Heights Blvd. and Lee Rd. from C-2 Commercial, B Two-Family and A Single Family to MF-2 Multi-Family District. |
151-2000 | 1-16-01 | Several land parcels in area bounded by E. Overlook, Lee and Redwood Rds. from A Single Family to C-2 Local Retail District. |
47-2001 | 6-18-01 | Permanent Parcel 685-04-005 from A Single Family to MF-2 Multi-Family District. |
158-2001 | 10-15-01 | Portions of Permanent Parcels 685-26-006 to 685-26-008 from C- 2 Retail to MF-1 Multi-Family District. |
154-2004 | 12-20-04 | Various land parcels from present zoning to S-2 Mixed Use or C- 2X Multiple Use District. |
21-2005 | 4-18-05 | Establishes Planned Development Overlay District for Permanent Parcel 681-30-002 on Mayfield Rd. |
121-2018 | 12-3-18 | Establishes a Planned Development Overlay District upon the following parcels of land located at the intersection of Euclid Heights Boulevard, Cedar Road, and Edwards Road: Permanent Parcel Nos. 685-18-008 through 685-18-013, 685-18-016, 685-18-018 and 685-18-019 (commonly refered as to, “Top of the Hill”). |
245-2024 | 4-7-25 | Property located at 3300 Mayfield Road, consisting of approximately 28 acres and comprising Permanent Parcel Numbers (“PPNs”) 684-34-014, 684-34-015, and 684-35-025 rezoned from the A Single-Family and MF-1 Multiple-Family Zoning Districts to the S-2 Mixed-Use Zoning District. |
1171.01 PURPOSE.
Within the districts established by this Zoning Code, or by amendments thereto which may later be adopted, lots, uses of land, buildings, and uses of buildings and land in combination exist which were lawful before this Code was passed or amended, but which are prohibited, regulated or restricted under the terms of this Code. The legitimate interest of those who lawfully established these nonconformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and substitution. Nevertheless, while it is the intent of this Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. Accordingly, the completion, restoration, reconstruction, extension or substitution of nonconformities shall be subject to the regulations and conditions of this Title, as well as to any specific regulations or conditions governing nonconformities contained elsewhere in this Code.
(Ord. 20-2012. Passed 5-21-12.)
1171.02 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
A lawfully existing use that would be eligible for a conditional use permit in the district in which it is located shall not be a nonconforming use, but without further action, shall be deemed to have obtained a conditional use permit. A new conditional use permit shall be required, however, for any change of ownership or intensity of use, or change, modification, enlargement or alteration of such use, or site development conditions.
(Ord. 105-2017. Passed 1-16-18.)
1171.03 COMPLETION OF CONSTRUCTION WITH EXISTING BUILDING PERMIT.
Nothing herein contained shall require any change in the plans, construction or designated use of a building or accessory structure or use for which a building permit has been issued lawfully prior to the effective date of adoption or amendment of this Zoning Code for construction permitted at the time of such issuance, if the construction has been diligently started within six (6) months of the date of the permit and the entire building is completed according to such plans, as filed, within two (2) years from such date of passage.
(Ord. 20-2012. Passed 5-21-12.)
1173.01 CONTINUATION OF NONCONFORMING USES.
A use of land or building or land and building in combination lawfully existing on the date of passage of this Zoning Code, or when any amendment to this Zoning Code becomes effective, may be continued and necessary maintenance and repairs made, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. No existing building devoted to a use not permitted by this Code in the district in which it is located shall be extended, reconstructed or structurally altered nor accessory uses added, which would not be permitted elsewhere in the same district.
(b) Restoration. Except as provided in Section 1173.02, nothing in this Zoning Code shall prevent the strengthening or restoration to a safe or sanitary condition of any part of a building declared unsafe or unsanitary by a public official acting in his authorized capacity. As required by this Zoning Code or Codified Ordinances, a building permit for such activities shall be obtained.
(c) Change in Use. A nonconforming use shall be changed only to a conforming use. When a previously nonconforming use has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use. A change in ownership or occupancy of the same use shall not in itself constitute a change of use.
(d) Existing Use Not Extended to Added Parcel. When any existing use is a nonconforming use and the parcel of land upon which such use exists is thereafter augmented by acquisition of adjoining land, such existing use shall not be extended to the after-acquired land.
(Ord. 025-2023. Passed 6-5-23.)
1173.02 TERMINATION OF NONCONFORMING USES.
The right to maintain and operate a nonconforming use shall terminate immediately in the event one (1) or more of the following occurs:
(a) Discontinuance. Whenever a nonconforming use of land or building is voluntarily discontinued for a period of two (2) years or more, its use shall be changed to a conforming use. Intent to resume operation or use shall not affect this provision. Reuse of such land or building shall thereafter conform to all regulations for the district, and any nonconforming use shall not be resumed.
(b) Damage or Destruction. In the event that any building or structure devoted to a nonconforming use is destroyed by any means to the extent of more than sixty percent (60%) of its market value, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of this Zoning Code.
(c) Nothing in this Zoning Code shall limit or deny the right or powers of the City at any time to abate or order the removal from the City of any use specifically prohibited by Chapter 1167.
(Ord. 20-2012. Passed 5-21-12.)
1175.01 CONTINUED USE OF LOT OR STRUCTURE.
If, at the effective date of this Code or future amendment, there exists a lawful use of a zoning lot and/or building which, under the terms of this Code as adopted or so amended, is a permitted principal use in the district in which it is located but which does not, under the terms of this Code as adopted or so amended, conform to the regulations of this Code with respect to lot width, lot area, off-street parking, yards, height, lot coverage, or other regulations, standards or requirements concerning such lot or structure, or such use thereof, such use of land and/or structure may be continued, except as otherwise specifically provided in this Code, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. A nonconforming building or structure, may be repaired, remodeled, reconstructed or structurally altered provided no such nonconforming building or structure, except as provided in subsection (b) hereof, shall be structurally altered or extended in a way which increases its nonconformity.
(b) Additions. The construction of an addition, including a porch, deck, handicap ramp or steps, shall be permitted when such addition is within the minimum side yard required by the Zoning Code, but not closer to the side lot line than the existing structure, provided that the length of the wall of such addition, parallel to the side lot line is no greater than the length of the existing wall located within the required side yard.
(c) Reconstruction. Should such nonconforming building or structure be destroyed or damaged by any means to an extent of more than sixty percent (60%) of the market value at the time of destruction or damage, it shall not be reconstructed except in conformity with all the provisions of this Code generally applicable to such building or structure in the district in which it is located.
(d) Change in Principal Use of Building or Structure. The use of such building or structure may be changed to any other permitted principal use in the district in which it is located so long as no nonconformity is increased and so long as any special regulations, standards or requirements specified by this Code for such use are complied with, except as provided in Section 1175.01.
(e) Change in Conditional Use. The use of such building or structure, whether an existing principal or conditional use or a change in ownership, may be changed to a conditional use so long as no nonconformity is increased, except as provided in Section 1175.01. However, as a condition of approval for a conditional use permit, the Planning Commission may require that a nonconforming building or structure be reduced in its level of nonconformity.
(f) Site Improvements. Lots that are nonconforming or lots with nonconforming buildings or structures can be improved, such as lighting, landscaping, parking, and site access, so long as such improvements upgrade the activity and make the resulting development more compatible to the district in which the activity is located and more compatible with adjacent uses. Such improvements shall require review and approval of the Zoning Administrator.
(Ord. 010-2025. Passed 2-18-25.)
1175.02 NONCONFORMING LOTS OF RECORD.
Lots of record prior to passage of the Zoning Code, or amendments thereto which created such nonconforming lot(s) of record, with less area or width than heretofore established may be used in accordance with the following provisions:
(a) Single Nonconforming Lots of Record. In an AA, A, or B District, a single- or two- family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record which existed prior to passage of the most recent amendments to the Zoning Code, notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements listed in this Code, other than parking requirements as provided for in subsection (c) hereof, lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals as provided in Section 1115.07.
(b) Nonconforming Lots of Record in Combination. If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this Zoning Code, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Code, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Code.
(Ord. 025-2023. Passed 6-5-23.)