EDITOR'S NOTE: Ordinance 9855, passed November 3, 1952, provided for the City Planning and Zoning Commission to act as the Board of Zoning Appeals.

   There are no sections in Chapter 1325. This chapter has been established to provide a place for cross references and any future legislation.

   Certain words in this Planning and Zoning Code are defined for purposes of such Code, where the context so indicates as well as where the meaning so requires as provided in this chapter.

(Ord. 120-2024. Passed 10-7-24.)

   Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot" and the word "building" includes the word "structure."

(Ord. 120-2024. Passed 10-7-24.)

   As used in this chapter:

   (a)   "Accessory use" or "accessory building." A use or building customarily incident to and located on the same lot with another use or building.

   (b)   "Adult family home." See definition under "Group Housing."

   (c)   "Adult group home." See definition under "Group Housing."

   (d)   "Apartment" means a room or suite of rooms in an apartment house, which room or suite is arranged, intended or designed to be occupied as the residence of a single family, individual or group of individuals.

   (e)   "Apartment house." See definition under "Dwelling types".

   (f)   "Automobile service facility (see also gasoline station)." A building, part of a building, structure or space that is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service of vehicles and the making of minor repairs to motor vehicles, which are normally completed within one business day. Repairs described under "Motor Vehicle Repair" shall not be permitted.

   (g)   "Body-piercing shop." A building or portion thereof where piercing of human body parts is administered or from which a body-piercing business or service is operated. This shall not include establishments that limit their piercing to ears only.

   (h)   "Check cashing non-chartered financial establishment." A financial establishment other than a State or Federally chartered bank, credit union, mortgage lender or savings and loan association that offers check cashing services and loans for payment of a percentage fee. Specifically included are businesses that charge a percentage fee for cashing a check or negotiable instrument, "payday loan" businesses that make loans upon assignments of wages received, or businesses that function as deferred presentment services.

   (i)   "Condominium." See definition under "Dwelling types."

   (j)   "Condominium development." A condominium property in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.

   (k)   "Condominium unit" or "unit." A portion of the condominium development designated for separate ownership.

   (l)   "Development area." The parcel or parcels upon which the entire attached single-family complex will be developed as a condominium development.

   (m)   "Double house." See definitions under "Dwelling types."

   (n)   "Drive-through facility." Any portion of a building 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" shall also include "drive-up" and "drive-in" but shall not include Car Wash, Gasoline Station, and Automobile Service Facility.

   (o)   "Dwelling unit." A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

   (p)   "Dwelling." Any building or portion of a building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that is occupied for living purposes.

   (q)   "Dwelling types." The various structures permitted in this zoning code based on number of dwelling units and lot dimensions required. These include:

      (1)   "Apartment house." A building arranged or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises or by three or more individuals or groups of individuals living independently but having a common heating system and general dining room.

      (2)   "Attached single-family dwelling." Individually owned single-family dwelling units, which are attached to one another by common walls and which have individual heating and plumbing. Each dwelling shall have a permanent parcel number filed with the County Recorder as a condominium development. Attached dwelling units may be townhouses or condominiums, and shall not exceed 8 units in number. Attached single-family dwellings is a term used specifically in the Attached Single-Family District and must be a part of a larger development contained within the ASF District.

      (3)   "Condominium." Real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.

      (4)   "Elevator Apartment House." A detached building containing four or more dwelling units, each provided with sleeping area(s), and cooking and bathroom facilities intended for domestic use either by families living independently of each other or by individuals or groups of individuals living independently.

      (5)   "Senior Citizens Building." A building arranged or designed to be occupied by individuals who are sixty-five years or older. Senior Citizens Buildings shall contain an elevator that accesses each floor of the building and may exceed 2.5 stories.

      (6)   "Double house." A building or structure that contains single-family dwellings that are situated side-by-side and share fireproof party walls between them, and each of which has a distinct parcel associated with it.

      (7)   "Single-family dwelling." A detached, private residence containing sleeping and cooking facilities intended for domestic use and in which the occupants live as a single unit.

      (8)   "Three-Family Dwelling." A residential structure containing three dwelling units occupied by three families living independently of each other. Each dwelling unit shall have one kitchen and not less than one bathroom for each family. Three family dwellings shall occupy one lot and shall have dwelling units that are stacked vertically one on top of the other. Also referred to as a Triplex.

      (9)   "Townhouse Development." A residential development that consists of three but no more than 8 multilevel homes that are placed side-by-side and that share walls with other homes on one or both sides. Entries are typically placed on the narrow side of the unit and typically face a street or courtyard. The street facades have entrances and avoid garages. Townhouses are situated on individual parcels such that owners of a townhouse own the interior, exterior, and land on which the home sits.

      (10)   "Two-family dwelling." A residential structure designed for or occupied by two families living independently of each other, each of which contains at least one bathroom and kitchen. Two family dwellings shall occupy one lot and shall have dwelling units that are stacked vertically one on top of the other. Also referred to as a Duplex.

   (r)   "Elevator Apartment House." See definition under "Dwelling types".

   (s)   "Equipment sales/rental/service." Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental of recreational and commercial motor vehicles. This term includes incidental storage, maintenance, and servicing of such equipment.

   (t)   "Established grade" means the elevation of the street curb as fixed by City ordinance.

   (u)   "Family Day Care Home, Type B", Accessory to an Occupied Dwelling Unit. According to Ohio R.C. 5104.054, any type "B" family day-care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where childcare is provided for one to six children and where no more than three children are under two years of age. For the purpose of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted.

   (v)   "Family." A single individual living upon the premises as a separate housekeeping unit, or a collective body of persons living together upon the premises as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

   (w)   "Flag lot." A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way access drive. The access drive shall have a minimum width and frontage of not less than ten (10) feet. The staff portion of a flag lot shall not be used in computing lot size for zoning and building purposes.

   (x)   "Front yard." An open, unoccupied space on the same lot with a building, between the front line of the building and the front line of the lot.

   (y)   "Gasoline station (see also automobile service facility)." An establishment where 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 accessory facilities available for the sale of other retail products.

   (z)   "Group housing facilities." For the purposes of these regulations, the various group housing units permitted in this zoning code are defined as follows:

      (1)   "Adult family home." A facility that is licensed by the Ohio Department of Health to provide accommodations for not more than five adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets. Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

      (2)   "Adult group home." A facility that is licensed by the Ohio Department of Health to provide accommodations for six to not more than 16 adults and to provide personal care services to these resident adults (typically elderly). Such services may include assistance in daily living activities and self-administration of medicine, and preparation of special diets.

      (3)   "Residential facility family home." A facility licensed by the Ohio Department of Mental Health to provide accommodations to not more than eight mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting.

         A.   Prior to a handicapped person commencing residence in a residential facility family home, either the applicant or the placement agency shall certify that the resident is handicapped as defined in 42 U.S.C. § 3602(h) of the Federal regulations.

         B.   Such facility shall present evidence that it meets the certification, licensing, and approval requirements of the appropriate State agency.

      (4)   "Residential facility group home." A facility licensed by the Ohio Department of Mental Health to provide accommodations for nine to not more than 16 mentally retarded or developmentally disabled persons and to provide personal care, supervision, habilitation services and mental health services in a family setting."

   (aa)   "Height of a building." The vertical distance measured at the centerline of its principal front, from the established grade or from the natural grade if higher than the established grade, to the level of the highest point in the coping of flat roofs or to the deck line of a mansard roof or to the mean height of the highest gable of a pitched roof or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building.

   (bb)   "Least dimension of a yard." The least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.

   (cc)   "Lot." A single contiguous tract or parcel of land as shown by properly recorded records on file in the office of the Recorder of Cuyahoga County, Ohio.

   (dd)   "Major repair facility for motor vehicles." An establishment providing the repair rebuilding or reconstruction of motor vehicles or parts thereof, including the rebuilding of motor vehicles bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within a completely enclosed building.

   (ee)   "Marijuana." Marihuana as defined in Ohio R.C. 3719.01.

   (ff)   "Medical marijuana." Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose as defined in Ohio R.C. 3796.01(A)(2).

   (gg)   "Natural grade." The elevation of the undisturbed natural surface of the ground adjoining the building.

   (hh)   "Nonconforming use." One that does not comply with the regulations of the use district in which it is situated.

   (ii)   "Open space." An area substantially open to the sky which shall be on the same lot with a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts, golf courses and other recreational uses and distances between buildings on the same lot deemed permissible by the City Planning and Zoning Commission and Council. Streets, parking areas, structures for habitation, etc., shall not be considered open space.

   (jj)   Outdoor display/sales." Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.

   (kk)   "Outdoor storage of fleet vehicles." The outdoor storage of cars, trucks, vans, and other vehicles, including motorized equipment on the same lot as a retail, commercial, industrial or other principal use and which are used as part of the operation of such principal use, but not including privately owned customer or employee vehicles.

   (ll)   "Outdoor storage." The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure except for merchandise placed in an area for outdoor display.

   (mm)   "Pawn shop." A building or portion thereof where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto.

   (nn)   "Personal service establishment." An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, and massage establishment. This term does not include a portrait studio, dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.

   (oo)   "Planning and Zoning Code." Part Thirteen of these Codified Ordinances comprising Titles One through Eleven.

   (pp)   "Public notice." Information alerting citizens of government or government-related activities. When used in reference to a hearing before the Planning and Zoning Commission, public notice shall mean fifteen days, when used in reference to a hearing before Council, public notice shall mean thirty days.

   (qq)   "Rear yard." An open, unoccupied space on the same lot with a building, between the rear line of the building and the rear line of the lot.

   (rr)   "Residential facility family home." See definition under "Group Housing."

   (ss)   "Residential facility group home." See definition under "Group Housing."

   (tt)   "Retail establishment." An establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses. This term includes, but is not limited to, artist's studios, portrait studios, and bakeries.

   (uu)   "Rooming house" or "furnished room house." A building or part thereof, not a hotel or inn, in which sleeping rooms are available for hire as lodging with or without meals. Where equipment for cooking or provisions for the same are included in a sleeping room, such room shall be deemed to be a dwelling unit.

   (vv)   "Senior Citizens Building." See definition under "Dwelling types."

   (ww)   "Side yard." An open, unoccupied space, on the same lot with a building, situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

   (xx)   "Single-family dwelling." See definition under "Dwelling types."

   (yy)   "Street line." The dividing line between the street and the lot.

   (zz)   "Sweepstakes terminal café." Parking shall be provided in compliance with Section 1389.04 for the sweepstakes terminal café, in addition to the required parking for all main uses of the premises. Applicants for multi-tenant properties shall supply a parking site plan demonstrating compliance with the requirements of Chapter 1389 of the Euclid Codified Ordinances as well as a parking site plan for the sweepstakes terminal café use, except that sweepstakes terminal café accessory use premises of less than 10% of the floor area of the main use of the premises shall not require parking spaces in excess of the parking required for the main use of the premises. The exterior property of sweepstakes terminal café main use premises shall, as much as practical, be brought into compliance with applicable requirements for fencing, landscaping, and parking layout as required for a change of use.

   (aaa)   "Tattoo parlor" or "branding parlor." A building or portion thereof where the tattooing or branding of human body parts is administered or from which a tattooing or branding business or service is operated.

   (bbb)   "Three-Family Dwelling." See definition under "Dwelling types."

   (ccc)   "Townhouse Development." See definition under "Dwelling types."

   (ddd)   "Two-family dwelling." See definition under "Dwelling types."

   (eee)   "Zoning Code." Ordinance 2812, as amended, which comprises Titles Five through Eleven of the Planning and Zoning Code.

   (fff)   "Zoning Lot." Any lot or set of lots, which are under common ownership and are used by the Zoning Commissioner, Building Commissioner or City Engineer in the review and approval of construction permits or certificates of occupancy as required by the Euclid Codified Ordinances shall constitute a zoning lot. This set of lots is to contain all land needed to provide for conformity with required yard areas, open spaces, open perimeter and fire access requirements, parking, landscaping, storm water retention and treatment areas or other structures needed to ensure that a building or legal occupancy conforms with the Euclid Codified Ordinances.

   (ggg)   "Zoning Ordinance." Ordinance 2812, adopted November 13, 1922.

(Ord. 120-2024. Passed 10-7-24.)

   (a)   In interpreting and applying the provisions of this Zoning Code, the provisions thereof shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building.

   (b)   The lot or yard areas of buildings existing at the time of the passage of the Zoning Ordinance (Ordinance 2812, passed November 13, 1922) shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected.

   (c)   This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises, nor shall this Zoning Code interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height or size of buildings or requires larger yards than are imposed or required by such existing provisions of law or ordinance, or by such rules or regulations, or by such easements, covenants or agreements, the provisions of this Zoning Code shall control.

(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)

   The sections, subsections, districts and building lines forming parts of or established by this Zoning Code and the several parts, provisions and regulations thereof are declared to be independent sections, subsections, districts, building lines, areas, height regulations, limitations, parts, provisions and regulations, and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause, shall not affect nor render invalid any other such section, subsection, district, building line, part, provision or regulation thereof or hereof.

(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)

   (a)   Purpose. Within each zoning district established by this Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the districts. To the extent that a type of use is not addressed by this Planning and Zoning Code, this section provides the criteria by which the Zoning Commissioner may make a determination that such use is similar to a use permitted, either by right or conditionally, in a district.

   (b)   Determination. A proposed use may be permitted, by right or conditionally, as a similar use when the Zoning Commissioner determines that such proposed use is in compliance with the following provisions:

      (1)   The proposed use is not prohibited in any other district:

      (2)   The proposed use is not listed as a permitted use, either by right or as a conditional use, in any other district;

      (3)   The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;

      (4)   The proposed use is of the same general character as the uses permitted by right or conditionally in the district to which it is proposed or is similar to a specific use permitted in that district.

(Ord. 175-2008. Passed 9-2-08.)

   (a)   Affidavit Required-Individual Owner. Each individual owner/applicant for a zoning map amendment, variance, use district exception or special use permit shall submit to the Planning and Zoning Commission a signed affidavit indicating whether the applicant is:

      (1)   Delinquent in the payment of any property tax, special assessment, special charge or special tax due to the City of Euclid, provided that all appeals of the tax, assessment or charge have been concluded or the time to appeal has expired.

      (2)   A party against whom the City of Euclid has an outstanding judgment, relating to real property, provided that all appeals of the judgment have been concluded or the time to appeal has expired.

      (3)   A party against whom the City of Euclid has outstanding violations of the Building or Housing Code that are not actively being abated, provided that all appeals of orders to correct violations have been concluded or the time to appeal has expired.

      (4)   The owner of a premises found to be in violation of E.C.O. 529.03 or 529.05 or 529.07 to whom the Housing Manager or Certified Building Official has charged the costs of nuisance abatement, provided that all appeals of these charges have been concluded or the time of appeal has expired.

   (b)   Affidavit Required; Non-Individual Owner. Each corporation, partnership or limited liability company which is applying for a zoning map amendment, variance, use district exception or special use permit shall submit to the Planning and Zoning Commission a signed affidavit, as set forth in division (a) above. The affidavit, submitted by a duly authorized officer, director, partner, member or manager of the corporation, partnership or limited liability company shall attest to whether the applying officer, director, partner, member or manager fits any of the descriptions in divisions (a)(1) through (4) above.

   (c)   Exception. The Disclosure Affidavit requirement of Section 1323.04(a) or (b) shall not apply to any zoning map amendment request relating to an overlay zone.

(Ord. 26-2009. Passed 2-17-09.)

   All of the individual parcels of land within the boundaries of a zoning lot used to authorize new construction are required to be consolidated by plat of consolidation into a single parcel of land and recorded in the land records of Cuyahoga County, Ohio before a certificate of occupancy is issued.

(Ord. 74-2012. Passed 5-21-12.)

   The owner or owners or any tenant or tenants in possession of any building or premises or part thereof, where anything in violation of this Zoning Code is placed, or exists, or is maintained, and any architect, builder or contractor who is employed to assist in the commission of any such violation, and all persons or corporations who violate or maintain any violation of any of the provisions of this Zoning Code, or who fail to comply therewith, or with any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall, for each and every violation or noncompliance be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)

   The appearance of buildings, structures, open spaces and the landscape throughout the City is of public concern and in the public interest. The provisions of this chapter, therefore, are established to achieve, among others, the following purposes:

   (a)   To conserve the attractive environment of the community and to guide future development to improve the appearance of the community;

   (b)   To integrate developments into the surrounding environment, as well as to assure that each development shall be attractive;

   (c)   To maintain community values, as well as individual property values, from adverse effects of the interdependence of adjoining properties;

   (d)   To apply such concepts impartially according to design criteria of form, composition, color and materials;

   (e)   To bring new buildings into an orderly arrangement with landscape and nature, other buildings and open areas; and

   (f)   To carry out the objectives of the Master Plan.

(Ord. 66-1979. Passed 3-5-79.)

   There is hereby established an Architectural Review Board, consisting of three members who are residents of the City to be appointed by the Mayor.

(Ord. 66-1979. Passed 3-5-79.)

   The Architectural Review Board shall consist of three members, at least two of whom shall be specially qualified by reason of training or experience in architecture, landscape architecture, urban design or another relevant profession, or by reason of their experience in evaluating the desirability and the interrelationships of the design of three dimensional building forms and of community values of surrounding and proposed developments.

   Each member shall be appointed for a term of three years, except that in the case of the original appointments, the term of one member shall be for three years, one member for two years and one member for one year.

   Compensation shall be paid each member of the Architectural Review Board as established by separate ordinance.

(Ord. 66-1979. Passed 3-5-79.)

   No member of the Architectural Review Board shall participate in the review of, or give advice upon, any work in which the member or his or her partners or professional associate or associates has any direct or indirect interest. If such an occasion shall arise, the Mayor shall appoint another qualified person to serve on the Board only for the purpose of acting on the application in question.

(Ord. 66-1979. Passed 3-5-79.)

   The Architectural Review Board shall have and is hereby vested with the authority to exercise the powers and perform the duties herein provided and shall have the power to make its own rules of procedure, with the following limitations:

   (a)   One member of the Board shall be elected Chairperson of the Board by the members thereof and shall be responsible for proper administration of its duties.

   (b)   One member of the Board shall act as Secretary and shall keep a complete record of all meetings of the Board and all transactions of the Board.

   (c)   A quorum of the Board shall consist of two or more members.

   (d)   Any official action of the Board shall require the affirmative vote of two or more members.

   (e)   The Board shall maintain a detailed report of its proceedings and shall submit a copy of its recommendations to the Commissioner of Buildings and to the Secretary of Council. Upon receipt of a recommendation of approval, or approval with revisions, the Commissioner of Buildings shall issue the building permit, provided that the application complies with all other applicable regulations.

(Ord. 66-1979. Passed 3-5-79.)

   The Architectural Review Board shall meet on the fourth Thursday of each month, as necessary, and shall further be allowed to reschedule any such meeting to a different day during the fourth week of each month as the circumstances require.

(Ord. 141-1994. Passed 6-6-94.)

   It has been found that the quality of the design of buildings, the relation of buildings to each other and the open space interact and affect environmental and neighborhood values in diverse ways. Moreover, the value and usefulness of each parcel of land is vitally affected by the use made of adjoining land, not only to the owner but to the entire community. Each new development should be beneficial and enhance the enjoyment of use of each property in the neighborhood. New developments may, however, impair the appearance and value of both improved and unimproved real property, may prevent the most appropriate development of land or may cause attendant depreciation of values.

   A certain degree of conformity of use and appearance stabilizes and assures the value of land and the welfare of the entire community. Regulations and criteria are therefore established to be applied by the Architectural Review Board to encourage the benefits of good community appearance and to alleviate the occurrence of adverse conditions.

(Ord. 66-1979. Passed 3-5-79.)

   An underlying architectural character should prevail throughout each neighborhood and area. There should be some repetition of basic elements through harmony of color, materials and a common scale. Each individual building should express its function. Moreover, it should have an identity and individual character created through functional variety in the overall design.

   The Architectural Review Board may find that the proposed building design does not have individual character because of excessive uniformity with other buildings existing or for which a permit has been applied for or issued. It may be found too similar in respect to aspects such as apparent identical bulk, height and mass of the building, including direct reverse arrangement; and identical size and arrangement of the entrance, windows, breaks in the facade and other significant features, such as materials and color.

   On the other hand, it may be found that the proposed design is incompatible and inappropriate in relation to other buildings existing or for which a permit has been applied for or issued in respect to significant design features such as disharmonious color or texture of exterior wall and roof materials or quality of architectural design. This criteria shall not discourage creative variety in the placement, size or bulk of neighboring buildings. There shall, however, be an underlying unity of design.

(Ord. 66-1979. Passed 3-5-79.)

   All new buildings and developments shall be brought together into an orderly arrangement with the landscape, nature, other buildings and open areas. This should not result in uniformity of style or subordination to existing buildings. There shall be a satisfactory transition from the proposed building to adjacent buildings and open space. There shall also be a satisfactory transition in scale between diverse uses at the boundaries.

   Not only the present, but also the desirable future surroundings should be considered in the integration of new buildings. Also, the possibilities of making gradual improvements to any unsatisfactory appearance of parts of the community should be considered.

   Any such finally approved arrangements shall include compliance with the provisions of Chapter 921 and 1311 of the Codified Ordinances and the provisions of any storm water management plan adopted by the City with regard to drainage, erosion and sedimentation control, sewage retention, sewer connections, and utilities to the extent applicable.

(Ord. 66-1979. Passed 3-5-79; Ord. 36-2001. Passed 3-5-01.)

   Good, clear, workable plans shall be presented in duplicate with each application.

   Any such finally approved plans shall be in compliance with the provisions of Chapters 921 and 1311 of the Codified Ordinances and the provisions of any storm water management plan adopted by the City with regard to drainage, erosion and sedimentation control, sewage retention, sewer connections, and utilities to the extent applicable including approval of any necessary permits or plans from the Service Director and City Engineer.

   Minor changes or plans may be accepted, but no person shall erase, alter or modify any plans, drawings or specifications filed with the Building Commissioner after they have been approved, or deviate therefrom in the execution of the work proposed, without the written consent and authorization of the Architectural Review Board. The Building Commissioner shall be the sole judge of what shall be considered as minor changes.

(Ord. 66-1979. Passed 3-5-79; Ord. 36-2001. Passed 3-5-01.)

   (a)   The Architectural Review Board shall receive and promptly review and pass upon all drawings, data, reports and complaints in the order filed, to the extent practicable under published rules and regulations consistent with the purpose of the Board and adopted by it. The Architectural Review Board shall immediately notify the Commissioner of Buildings in writing of action taken in each instance and no building permit shall be issued unless plans and specifications therefor have been approved in writing by the Architectural Review Board.

   (b)   Upon receiving the report, including findings and recommendations, of the Architectural Review Board disapproving plans and specifications upon which a permit application has been filed, the Commissioner of Buildings shall refuse to issue the permit and shall immediately notify the applicant of such refusal and the reason therefor.

(Ord. 66-1979. Passed 3-5-79.)

   Any person aggrieved by any action of the Architectural Review Board or the Commissioner of Buildings in the review of a proposed development as affected by the provisions of this chapter may appeal therefrom to the Planning and Zoning Commission in the same manner as provided for appeals from other regulations of the Planning and Zoning Code.

(Ord. 66-1979. Passed 3-5-79.)

   The Architectural Review Board is hereby authorized to promulgate such rules and regulations as it deems necessary or desirable to accomplish the purposes set forth in Section 1327.01. Such rules and regulations shall have the force and effect of law when not inconsistent with the provisions of this chapter or of any other provisions of these Codified Ordinances or of State law or regulations. No person shall violate or fail to comply with any such rule or regulation.