This chapter shall be known and cited as the Zoning Code, as amended.

(Ord. 0-1847-01, passed 12-17-01)

   This Zoning Ordinance is adopted to promote and protect the public health, safety, comfort, prosperity and general welfare by regulating and limiting the use of land areas and building and the erection, restoration and alteration of buildings and the use thereof for residential and business purposes; to regulate the area dimensions of land, yards and open spaces so as to secure adequate light, air and safety from fire and other dangers; to lessen or avoid congestion in the public streets; to regulate and restrict the bulk, height, design, percent of lot occupancy and the location of buildings; to protect the character of the existing residential, business, and public areas and to assure their orderly and beneficial development; to provide for the orderly growth and development of lands, and for the purpose of dividing the Village into various districts.

(Ord. 0-1847-01, passed 12-17-01)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A building other than a principal building, such as a detached garage, shed, or carriage house, occupied by an accessory use or subordinate to the main use of the land or building.

   ACCESSORY USE. A use incidental to the main use of the land or building. In buildings restricted to residence use, the office of a professional person, and workshops not conducted for compensation shall be deemed accessory uses.

   ALLEY. A public right-of-way 10 to 20 feet wide which provides only secondary means of access to abutting property.

   AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.

   AUTOMOTIVE SALES. The sale or rental of new or used motor vehicles or trailers.

   BUILDING. A structure intended for shelter, housing or enclosure of persons, animals, or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

   BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.

   BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

   BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated.

      (1)   CENTRAL BUSINESS. Includes public and semipublic uses and other activities of a comparable clean and compact nature with a minimal impact on traffic, which contribute to the economic health and welfare of the area as determined by the Village Council.

      (2)   HIGHWAY AND GENERAL BUSINESS. General businesses including building trades, general and service business, and other commercial uses.

   BUSINESS SERVICES. Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.

   CELLAR. A story partly underground and having more than 50% of its clear height below the average level of the adjoining ground. A CELLAR shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area or in calculating living area.

   CERTIFICATE OF OCCUPANCY. Upon completion of the final inspection and acceptance of the premises, except for single-family dwellings, as in compliance with the regulations and ordinances for human occupancy, the holder shall be issued an occupancy permit which shall be required prior to actual occupancy of the subject premises.

   CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

   CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

   COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.

   CONDITIONAL USE. A use which is subject to conditional approval by the Village Council. A CONDITIONAL USE may be granted by the Village Council only when there is a specified provision for such special exceptions made in this chapter. A CONDITIONAL USE is not considered to be a nonconforming use.

   CONDOMINIUM ASSOCIATION. The community association which administers and maintains the common property and common elements of a condominium.

   CONDOMINIUMS. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist; however, for purposes of this chapter, residential are only heretofore defined. Commercial condominiums will be handled as any other commercial or business property.

   COUNCIL. The Village Council of The Village of Marble Cliff, Ohio.

   DISTRICTS, ZONING DISTRICTS. Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the "district map" which is part of this chapter.

   DRIVE-IN COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, drive-up and carry-out stores, and similar uses.

   DWELLING. Any building or portion thereof which is designated for or used for residential purposes.

   DWELLING, MULTIPLE FAMILY. A building designed or used as a residence for three or more families living independently and doing their own cooking therein.

   DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.

   DWELLING, TWO FAMILY. A building designed for or occupied exclusively by two families living independently.

   ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

   FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel, as herein defined.

   FAMILY HOME. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.

   FLOOR AREA. The sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. Floor area shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.

   FOOD PROCESSING. The preparation or processing of food products. Examples of activities included are bakeries and dairies.

   FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

   GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of more than two-ton capacity.

   GAS STATION, SERVICE STATION. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.

   GROUP HOME. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 persons with developmental disabilities, per state regulations.

   HIGHWAY, MAJOR. A street or road of considerable continuity and used primarily as a traffic artery among large areas.

   INSTITUTION. Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.

   JUNK STORAGE AND SALES (SALVAGE OPERATION). Any lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.

   LAND USE PLAN. The long-range plan for the desirable use of land in the area, which may be adopted by the Village Council; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the community.

   LEGAL COUNSEL. An attorney representing a municipality.

   LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 45 feet and a vertical clearance of at least 14 feet.

   LODGING HOUSE. Any building or portion thereof containing not more than four guest rooms.

   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place. A LOT may or may not be the land shown on a duly recorded plat.

   LOT COVERAGE. The percentage of the area of all buildings, structures, parking and service areas, pedestrian areas, and other impervious surfaces to the area of the lot.

   LOT, MINIMUM AREA OF. The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

   LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder of Deeds of the county.

   LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.

   MANUFACTURING, GENERAL. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted shall comply with the performance requirements of §§ 154.110 and 154.111, and the applicable regulation of the Ohio EPA.

   MORE RESTRICTIVE USE. In reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, and the like, or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.

   MOTOR VEHICLES. Any powered vehicle which is required to be licensed by the state.

   NONCONFORMING USE. The use of land or a building, or portion thereof, which does not conform with the use regulations of the district in which it is situated.

   NURSERY or DAY CARE CENTER. A facility which temporarily assumes responsibility for more than four children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a twenty-four hour day for a period of two consecutive days.

   NURSING HOME. Includes convalescent and extended care facilities. An establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.

   OFF-STREET PARKING SPACE. Any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet, exclusive of access drives or aisles.

   OPEN SPACE. That part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.

   PARK. A public area of land, usually in a natural state, having facilities for rest and recreation.

   PARKING AREA or LOT. Any area other than street, drive, or alley used or intended to be used for the storage of motor vehicles, with or without a fee.

   PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.

   PRIVATE ROAD. A strip of privately owned land providing access to abutting properties.

   PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by accountants, doctors, dentists, lawyers, architects, and engineers.

   PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage disposal services.

   PUBLIC USES. Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.

   RESIDENTIAL BUSINESS OCCUPATION. An accessory use of a service character customarily conducted within a dwelling on property within a residential district by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. The office of a professional person that is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be residential business occupations. Tourist homes, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be residential business occupations. A residential business occupation must meet the standards and requirements specified in § 154.076.

   RESIDENTIAL FLOOR AREA. The interior floor area of a dwelling, including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.

   RESTAURANT. A business establishment where food and beverages are prepared and presented for human consumption on or off the premises.

   RETIREMENT HOMES. Residential unit, designed to be occupied exclusively by retired persons.

   RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, tree lawns, sidewalks, lighting, utilities and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

   SEMIPUBLIC USES. Churches, public schools, private and parochial schools, colleges, hospitals, and other institutions of an educational, religious, charitable or philanthropic nature.

   SETBACK. A distance measured perpendicularly from the right-of-way or property line to the buildable area of a lot.

   SIGN. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.

      (1)   SIGN, ACCESSORY. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

      (2)   SIGN, NON-ACCESSORY. Any sign unrelated to a business or profession conducted, or to be a commodity or service sold or offered upon the premises where such sign is located.

      (3)   SIGN, ADVERTISING. A sign which directs attention to a business, profession, commodity or entertainment conducted, sold, or offered elsewhere than upon the same lot.

      (4)   SIGN, BUSINESS. A sign which directs attention to a business, professional commodity or entertainment conducted, sold, or offered upon the same lot.

      (5)   SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

      (6)   SIGN, LIGHTING DEVICE. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.

      (7)   SIGN, PROJECTING. Any sign which projects from the exterior of a building.

   STORY. That portion of a building other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if more than 50% of its clear height is above the level of the adjacent ground.

   STREET OR THOROUGHFARE. A public way for the purpose of vehicular travel, including the entire area within the right-of-way.

   STRUCTURAL ALTERATIONS. Any change which would tend to impact the life of a supporting member of a structure such as bearing walls, columns, beams, or girders.

   STRUCTURE . Anything other than a building constructed or erected that is located on a lot. This includes, but is not limited to, decks, walls, fences, signs, tree-houses and play sets.

   TREE LAWN . Unpaved area within the right-of-way.

   USE. The purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon or may be occupied or maintained.

   VARIANCE. A relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship or practical difficulties in the use of the property.

   VILLAGE. The Village of Marble Cliff, Ohio.

   YARD. An open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

   YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum distance between the street right-of-way and the main building or any projection thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch.

   YARD, FRONT CORNER LOTS. A yard located on a lot having frontage on more than one street.

   YARD, REAR. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, or unenclosed porches.

   YARD, SIDE. A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.

   ZERO LOT LINE. A development approach in which a building is sited on one lot with no side yard on one side.

   ZONING CERTIFICATE. A copy of the ordinance approved by council authorizing a non-conforming use of land or buildings.

   ZONING DISTRICT. A portion of the Village within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.

   ZONING DISTRICT MAP. The Zoning District Map or maps of the Village together with all amendments subsequently adopted.

   ZONING ORDINANCE or ORDINANCE. Ordinance 0-1847-01, passed December 17, 2001, as amended, which is codified as Chapter 154 - Zoning Code.

(Ord. 0-1847-01, passed 12-17-01; Am. Ord. O-1896-02, passed 8-19-02)

   In interpreting and applying the provisions of the chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with, or abrogate or annul any easements, covenants, or other agreements between parties, nor to interfere with, or abrogate or annul any ordinances, other than expressly repealed hereby, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued, pursuant to law, regarding the use of buildings or land; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required by or imposed by such easements, covenants or agreements between parties, or by such ordinances, rules, regulations, or permits, the provisions of this chapter shall control.

(Ord. 0-1847-01, passed 12-17-01)

   Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance, and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classification of property, now or hereafter established by this chapter or amendments thereof.

(Ord. 0-1847-01, passed 12-17-01)

   (A)   Procedure.

      (1)   Procedure for change in zoning districts. Applications for any change of district boundaries or classifications of property as shown on the zoning map shall be submitted to the Village Council, at its public office upon required forms, and be accompanied by data and information as may be prescribed for that purpose by the Village Council, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by the Village Council shall be accompanied by its motion pertaining to such proposed amendment.

      (2)   Names and addresses of adjacent property owners. Any person or persons desiring a change in the zoning classification of property shall file, with the application for such change, a statement giving the names and addresses of the owners of all properties lying (a) within 100 feet of; (b) contiguous to; (c) directly across the street or alley from any part of the property the zoning classification of which is proposed to be changed.

      (3)   Public hearing by Village Council. The Village Council shall hold at least one public hearing thereon, notice of which shall be in accordance with the notice standards in the Ohio Revised Code.

      (4)   Notice to property owners. In addition to the published notice as hereinbefore specified, the Village Council shall give notice of time, place and purpose of public hearings to be held by it on proposed amendments or supplements, to owners of all properties lying (a) within 100 feet of; (b) contiguous to; (c) directly across the street or alley from any part of the property the zoning classification of which is proposed to be changed. The failure to notify, as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Council, proposing to make a change in the zoning district map or the regulations set forth in this chapter.

   (B)   Application fees. At the time that an application for a change of zoning districts is filed with the Village Council, as provided herein, the applicant shall deposit with the Clerk-Treasurer a fee to cover investigation, legal notices and other expenses incidental to the determination of such matter, such fee to be for one lot or part of one lot. The applicant shall deposit with the Clerk-Treasurer an additional fee for each additional lot or part of an additional lot which may be included in the request, such additional lot or part of a lot to be adjacent to each other. Such sums so deposited shall be credited by the Clerk-Treasurer to the general fund. The amount of these fees, as determined by Council, are available and posted in a fee schedule available through the Village Clerk.

(Ord. 0-1847-01, passed 12-17-01)

   (A)   General regulations.

      (1)   Any lawful uses of buildings or land existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions of this chapter. The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use. No nonconforming building or structure shall be moved, extended, enlarged or altered and no nonconforming use of land shall be expanded, except when authorized by the Village Council.

      (2)   Whenever the use of a building or land becomes nonconforming through a change in the amended zoning chapter or in the district boundaries, such use may be continued.

      (3)   A nonconforming use which is discontinued shall not again be used except in conformity with the regulations of the district in which it is located.

      (4)   Any building arranged, intended or designed for a nonconforming use the construction of which has been started at the time of the passage of this chapter, but not completed, may be completed and put into such non-conforming use, provided it is done within one year after this chapter takes effect.

      (5)   Zoning certificate. A zoning certificate shall be required for all lawful nonconforming uses of land and building created by adoption of this chapter.

      (6)   A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of 51% or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than 51% of its reproduction value, a non-conforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of such damage.

(Ord. 0-1847-01, passed 12-17-01)