(a)   This Zoning Code shall be known and may be cited as "The Englewood, Ohio, Zoning Ordinance," or just the "Zoning Code."

   (b)   This Zoning Code, including the text and map, has been promulgated in accordance with and predicated upon the Englewood Comprehensive Community Development Plan and is designed to provide adequate light, air, privacy and safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population. It is also designed to:

      (1)   Protect the character and the social and economic stability of all parts of the City; to guide the orderly growth and development of the City; and to protect and conserve the value of land and buildings appropriate to the various land use classes established in the Comprehensive Community Development Plan and this Zoning Code;

      (2)   Promote the most beneficial relationship between the uses of land and buildings, and the street system which serves these uses, having particular regard to the potential, amount and intensity of such land and building uses in relationship to the traffic capacity of the street system, so as to avoid congestion in the streets and to promote safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the City;

      (3)   Provide a guide for public action in the orderly and efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the City; and

      (4)   Provide open space designed to protect the scenic beauty and natural features of the City as well as to provide recreation space.

   (c)   This Zoning Code is promulgated with reasonable regard to existing conditions; the character of buildings erected in each zoning district; the most desirable use for which the land in each zoning district may be adapted; and the conservation of property values.

(Ord. 79-56. Passed 11-13-79. )

   The provisions of this Zoning Code shall apply to the entire incorporated land area of the City.

(Ord. 79-56. Passed 11-13-79.)

   Except as hereinafter provided:

   (a)   The provisions specified in this Zoning Code shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.

   (b)   Where provisions of this Zoning Code impose a greater restriction upon the use of buildings or premises, or upon height of buildings, or require larger open spaces or lot areas than that required by other Municipal ordinances, the provisions of this Zoning Code shall control.

   (c)   No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building be moved onto the zoning lot or within the same zoning lot, nor shall any parcel of land described by metes and bounds or any lot hereafter be created, which does not conform and meet the requirements of this Zoning Code, except as provided in Section 1268.08.

   (d)   No building shall, after this Zoning Code is enacted, be erected or altered to:

      (1)   Exceed the height;

      (2)   Accommodate or house a greater number of families;

      (3)   Occupy a greater percentage of lot area; or

      (4)   Have a narrower or smaller rear yard, front yard or side yard than is specified herein for the zoning district in which such building is located, except as provided in Section 1266.02(b)(4).

   (e)   No land shall be used, except for a purpose permitted in the zoning district in which it is located.

   (f)   Pre-existing uses shall be permitted to be continued according to the following:

      (1)   Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of the original Zoning Ordinance 338 of the City of Englewood, may be continued even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located.

      (2)   Except as hereinafter specified, any use, building or structure, existing prior to the effective date of this Zoning Code, and at the time of the enactment of Zoning Ordinance 519 of the City, may be continued even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located, provided that it conforms to the provisions of the original Zoning Ordinance 338 of the City.

      (3)   Any use, building or structure, existing prior to the effective date of this Zoning Code and subsequent to the enactment of Zoning Ordinance 519 of the City, shall conform to the provisions of the Zoning Ordinance of the City, as they existed prior to this amendment, rather than to the provisions of this Zoning Code.

      (4)   Any use, building or structure, existing prior to the effective date of this Zoning Code and subsequent to the enactment of Zoning Ordinance 72-30 of the City, shall conform to the provisions of the Zoning Ordinance of the City, as they existed prior to this amendment, rather than to the provisions of this Zoning Code.

   (g)   Except as provided for in Section 1266.05, no part of a yard or other open space or off-street parking or loading space about a building required for the purpose of complying with this Zoning Code shall be included as part of a yard, open space, off-street parking space or loading space similarly required for another building.

(Ord. 79-56. Passed 11-13-79.)

   (h)   Every principal building hereafter erected or structurally altered shall be located on a single zoning lot, except as modified hereunder in R-5, 0, C, I, STUD and E Districts, more than one principal building per zoning lot may be allowed if an administrative determination is made that all of the following criteria are met:

      (1)   No building is closer to a street or to a property line than the required and applicable front and rear zoning yards; and no buildings are closer to one another than twice the distance of the minimum side yard if end-to-end, nor closer than the sum of required front and rear yards if either front-to-front, front-to-back or back-to-back on the zoning lot.

      (2)   The various buildings to be constructed or altered bear a close functional relationship to each other, i. e. dissimilar land uses are not involved, and future ownership by only one entity is virtually assured.

      (3)   It would be an extreme physical planning hardship to put each structure on a separate zoning lot and still approach allowable zoning densities.

      (4)   Similar uses elsewhere are customarily developed with more than one principal structure.

   If administrative approval of more than one principal building on a single zoning lot cannot be secured, the applicant for a permit may appeal to the Planning Commission for approval, subject to procedures specified in Section 1268.05(e) or (g), as applicable.

(Ord. 88-8. Passed 5-10-88; Ord. 96-6. Passed 3-27-96.)

   (i)   No parcel of land described by metes and bounds nor any lot shall hereafter be created which does not conform and meet the requirements of this Zoning Code.

   (j)   No commercial or industrial establishment shall be permitted to create a continuous curb cut or driveway approach along its right-of-way line.

(Ord. 79-56. Passed 11-13-79.)

   (k)   All free-standing principal buildings in any "C," "S-PUD," "E" or "I" District shall have a minimum floor area of 200 square feet.

(Ord. 87-4. Passed 2-10-87; Ord. 96-6. Passed 3-27-96.)

   (l)   The business activity of any commercial or industrial establishment shall be conducted within a completely enclosed building, except as provided in Section 1266.03(g).

   (m)   No livestock or poultry, quartered or housed within the corporate limits, shall be kept and maintained so as to produce objectionable noise, odor, destruction of property or health problems.

   (n)   Nothing in this Zoning Code shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required permits have been legally granted before the enactment of this Zoning Code, the construction of which, conforming with such plans, has been started within six months of the enactment of this Zoning Code and completed in a normal manner within a subsequent two-year period and not discontinued until completion, except for reasons beyond the builder's control. All permits for which construction has not begun within six months of the enactment or amendment of this Zoning Code are hereby revoked and void.

(Ord. 79-56. Passed 11-13-79.)

   (o)   Structures not elsewhere regulated by this Zoning Code shall be located not closer than fifty feet from a front lot line nor closer than twenty feet from a side lot line. However, if such structures are effectively screened from view, from either another zoning lot or off-premises, by a fence or wall six feet or less in height, such structures may be located anywhere on a zoning lot other than required front or side yards.

(Ord. 83-24. Passed 9-13-83)

   (p)   No building or other development shall take place within a flood plain without express permission from the City Engineer, if such building or development will add impervious land area to the flood plain or subtract from the amount of water accommodated by a given flood plain area. Indications of flood plain boundaries may be inferred from U.S.G.S. maps, from existing or previous zoning maps or by the existence of a watercourse. The burden of determining floodplain boundaries shall lie with the owner of land proposed for development.

(Ord. 87-16. Passed 6-9-87.)

   (q)   When a combination of permitted or conditionally permitted uses is proposed for a given zoning lot, the stricter of applicable zoning provisions for either use shall apply to the overall development.

   (r)   No real property in the City shall be transferred, nor shall a lease therefore be made which exceeds 40 years, including extension periods, unless a certificate of occupancy for said premises is issued by the City, prior to closing or lease execution, acknowledging acceptance by the City of the use(s) to be made of the property and stating there are no zoning or property violations of the kind specified by Chapter 1266.07. This provision shall not apply to personal wireless service facilities as defined in Section 1270.01(57.5) of the Zoning Code.

(Ord. 89-1. Passed 1-10-89; Ord. 01-15. Passed 6-26-01.)

   (a)   Designation of Districts. For the purpose of this Zoning Code, all land falling within the corporation lines of the City is hereby divided into thirteen zoning districts and three special zoning districts designated as follows:

   (b)   Official Zoning District Map. The Official Zoning District Map, dated November 13, 1979, which accompanies original Ordinance 79-56, passed November 13, 1979, showing boundaries of the areas covered by the districts listed in subsection (a) hereof and all notations, references and other information shown thereon shall be a part of this Zoning Code and have the same force and effect as if the district maps and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which Official Zoning District Map is properly attested and on file with the Code Enforcement Officer.

(Ord. 79-56. Passed 11-13-79; Ord. 87-4. Passed 2-10-87; Ord. 91-18. Passed 11-26-91; Ord. 96-6. Passed 3-27-96.)

   No zoning district established in this Zoning Code shall be changed or a zoning district established after the effective date of this Zoning Code, unless such zoning districts are of the following minimum size after such change or establishment:

 

 

   Any particular zoning district which does not equal the minimum size requirement for that district, on the effective date of this Zoning Code, may be enlarged to more close approximate that minimum size requirement.

(Ord. 79-56. Passed 1 -1 - 9; Ord. 81-32. Passed 9-8-81; Ord. 87-4. Passed 2-10 87; Ord. 91-18. Passed 11-26-91; Ord. 96-6. Passed 3-27-96.)

   Where uncertainty exists with respect to the boundaries of any of the zoning districts, as shown on the Official Zoning District Map, the following rules shall apply:

   (a)   Where district boundaries are indicated as approximately following the centerlines or right-of-way lines of streets, alleys or highways, these centerlines or right-of-way lines shall be construed to be such boundaries.

   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, or other clearly defined property lines, such lines shall be construed to be such boundaries.

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

   (d)   Whenever any street, alley or other public way is vacated by official action of Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district or the district nearest the portion vacated, shall be extended automatically to include the vacated area.

   (e)   Lands which may hereafter through annexation become incorporated areas of the Cit shall be classified in the A-1 Agricultural District until such time as Council, after recommendation by the Planning Commission, determines, if necessary , to reclassify the annexed territory in some other zoning district. The Commission shall make such recommendation to Council within sixty days after such annexation.

   (f)   Where areas within the corporate limits of the City are under water and not shown as included within any zoning district, these lands shall be subject to all of the regulations of the zoning district which immediately adjoins the water area the water area adjoins two or more districts, the boundaries of each zoning district shall be construed to extend into the water area in a straight line until they meet the other district.

(Ord. 79-56. Passed 11-13-79.)

   In the construction of this Zoning Code, it is suggested that the rules of interpretation contained in this chapter be observed and applied, except when the context clearly indicates otherwise. The following rules of construction apply to the text:

   (a)   The word "shall" is mandatory and not discretionary. The word "may" is permissive.

   (b)   Words used in the present tense include the future, and words used in the singular number include the plural, and the plural the singular, unless the context clearly indicates the contrary.

   (c)   The particular shall control the general.

(Ord. 79-56. Passed 11-13-79.)

   Should any section or provision of this Zoning Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Code as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 79-56. Passed 11-13-79.)