Lorain City Zoning Code
TITLE ONE
Enactment; Interpretation
1101.01 TITLE.
This Ordinance shall be known as the "Zoning Ordinance of the City of Lorain, Ohio." The map referred to, which is identified by the title, shall be known as the "The Official Zoning Map of the City of Lorain, Ohio."
(Ord. 4-21. Passed 1-4-21.)
1101.02 PURPOSE.
The regulations and zoning districts established in this Ordinance have been made for the purpose of promoting the public health, safety, morals, general welfare, convenience and prosperity of the citizens of the City. The regulations and arrangements of districts have been designed to lessen congestion in the streets; to secure safety from fire; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of water, sewer, schools, parks, roads, transportation facilities and other public requirements; to protect and enhance property values; to support the City's adopted comprehensive plan; and to encourage the most appropriate use of land throughout the City. (Ord. 4-21. Passed 1-4-21.)
1101.03 STATUTORY AUTHORITY.
(a) The Lorain City Council is authorized to adopt this Ordinance pursuant to the enabling authority contained in the Ohio Revised Code and all other relevant laws of the state of Ohio.
(b) Whenever any provision of this Ordinance refers to or cites a section of the Ohio Laws and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. (Ord. 4-21. Passed 1-4-21.)
1101.04 RELATION TO OTHER REGULATIONS.
Where the provisions of this Ordinance are in conflict with other ordinances, the most restrictive provisions shall be enforced.
(Ord. 4-21. Passed 1-4-21.)
1101.05 REPEAL AND SEVERABILITY.
(a) The provisions of Title One, Five, Seven, Nine, Eleven, Thirteen, Fifteen, Seventeen and Nineteen of the City of Lorain Planning and Zoning Code of the Codified Ordinances of the City are hereby repealed and all other ordinances or parts of ordinances of the City which are in conflict with this zoning ordinance or are inconsistent with the provisions of this Zoning Ordinance are also hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect. This Zoning Ordinance shall become effective from the date of its approval and adoption, as provided by law.
(b) Should any Section or provision of this Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Zoning Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 4-21. Passed 1-4-21.)
1103.01 INTERPRETATION.
In the interpretation and application of this Zoning Ordinance, all provisions shall be considered as minimum requirements, liberally construed in favor of the City Council, and deemed neither to limit nor repeal any other powers granted under state law. This Ordinance is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 4-21. Passed 1-4-21.)
1103.02 CONFLICTING REGULATIONS.
Whenever the regulations of this Ordinance require a greater width or size of yards, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied or impose other restrictive standards than are required in or under any other statutes or private deed restrictions, the requirements of this Ordinance shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by this Ordinance, the provisions of such statute shall govern.
(Ord. 4-21. Passed 1-4-21.)
1103.03 GENERAL RULES OF CONSTRUCTION.
The following rules shall apply for construing or interpreting the terms and provisions of this Code:
(a) Specifics. The particular shall control the general.
(b) Meanings and Intent. The words, terms and phrases used in this Ordinance shall have the meaning assigned to them in Chapter 1191 - Definitions, except where the context clearly indicates a different meaning. When a specific section of this Code gives a different meaning than the general definition provided in Chapter 1191, the specific section's meaning and application of the term shall control.
(c) Delegation of Authority. Any action authorized by this Code to be carried out by the Chief Building Inspector, City Engineer, Planning Director, Zoning Administrator or other City employee may be carried out by a designee of that employee.
(d) Headings, Illustrations, and Text. In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.
(e) Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
(f) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, provisions or events apply; and
(2) "Or" indicates that one (1) or more of the connected items, conditions, provisions or events apply.
(g) Tenses, Plurals, and Gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(h) Undefined Terms. Words not specifically defined shall be given the meaning customarily assigned to them.
(i) Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(j) Technical and Non-Technical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(k) Other Terms.
(1) The term "used" includes the words "arranged, designed or intended to be used"
(2) The term "occupied" includes the words "arranged, designed or intended to be occupied"
(3) The word "structure" includes the word "building," "dwelling" or "unit"
(4) The word "lot" includes the word "plot," "parcel" or "tract"
(l) References to Other Regulations/Publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation or document, unless otherwise specifically stated.
(m) Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Lorain, unless otherwise indicated.
(Ord. 4-21. Passed 1-4-21.)
1103.04 MEASUREMENTS.
(a) Measuring Distance. Unless specified otherwise, in those provisions that require separation between uses or properties, measurement of distance shall be from nearest property line to nearest property line.
(b) Computation of Time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the city. References to days are calendar days unless otherwise stated.
(Ord. 4-21. Passed 1-4-21.)