Richfield City Zoning Code
TITLE ONE
Zoning General Provisions and Administration
1101.01 PURPOSE.
Council finds, in the interest of promoting the public health, safety, convenience, comfort, prosperity and general welfare, that it is necessary to enact a Zoning Code for zoning within the limits of the Village of Richfield, Summit County, Ohio, in order to regulate and promote the orderly development of the community, to restrict the location of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses, to regulate and limit the height of buildings and other structures hereafter erected or altered, to regulate the bulk and location of buildings and other structures hereafter erected or altered, to provide for the amount of lot area which may be occupied, building setback lines and the area of yards, courts or other open spaces and, for the combination of all of the purposes hereinbefore described, to divide the Village into zoning districts as hereinafter provided, which zoning districts are deemed and hereby determined to be best suited to carry out the aforesaid purposes, all in accordance with the Land Use and Thoroughfare Plan for Richfield Village.
(Ord. 25-2011. Passed 9-20-11.)
1101.03 LONG TITLE.
Titles One through Seven of this Part Eleven - the Planning and Zoning Code, shall be known as "A Zoning Code to provide for dividing the incorporated territory of Richfield Village into zoning districts for the purpose of regulating the location, use, height, bulk, number of stories and size of buildings and other structures, the amount of lot area which may be occupied, building setback lines, size of yards, courts and other open spaces, and density of population; to provide for a Board of Zoning Appeals; to authorize conditional zoning certificates; and to provide for the administration and enforcement of, and to provide penalties for violations of, the provisions of this Zoning Code."
(Ord. 25-2011. Passed 9-20-11.)
1101.05 SHORT TITLE.
Titles One through Seven of Part Eleven of these Codified Ordinances shall be known as the "Zoning Code of the Village of Richfield, Ohio", or the "Zoning Code."
(Ord. 25-2011. Passed 9-20-11.)
1101.07 INTERPRETATION.
In their interpretation and application, the provisions of this Zoning Code, as most recently amended, shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.
(Ord. 25-2011. Passed 9-20-11.)
1101.09 CONFLICTS.
Whenever the regulations of this Zoning Code require a greater width or size of yards or other open spaces, a lower height limit, a greater percentage of lot to be left unoccupied, a lower density of population, or a more restricted use of land, or impose other higher standards than are required in any other ordinance or regulation, private deed restriction or private covenant, these regulations shall govern. However, if the requirement of the other ordinance, regulation, private deed restriction or private covenant is the more restrictive, then such requirement shall govern.
(Ord. 25-2011. Passed 9-20-11.)
1101.11 VALIDITY AND SEPARABILITY.
If any section, subsection, or provision of this Zoning Code, or any amendment thereto, is declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision which is expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building or other structure or tract of land immediately involved in the controversy. All other provisions of this Zoning Code or amendments thereto, shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected.
(Ord. 25-2011. Passed 9-20-11.)
1101.13 COMPLIANCE WITH BUILDING REGULATIONS.
All structures shall comply with the standards and requirements of the Summit County Building Department regulations adopted and administered by the Village of Richfield.
(Ord. 25-2011. Passed 9-20-11.)
1101.15 REPEALED.
All existing ordinances of the Village of Richfield inconsistent herewith are hereby repealed.
(Ord. 25-2011. Passed 9-20-11.)
1101.17 EFFECTIVE DATE.
This Zoning Code shall take effect and be in full force and effect from and after the earliest period allowed by law.
(Ord. 25-2011. Passed 9-20-11.)
1103.01 INTENT.
The following terms, phrases, words, and their derivatives shall have the meaning given herein and shall be construed as if followed by the words "or part thereof…." Words used in the singular include the plural.
(a) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived, "may" is to be interpreted as having permission or being allowed to carry out a provision, "should" is to be interpreted as expressing application of a criterion or standard as desired.
(b) All words used in the present tense shall include the future tense unless indicated otherwise.
(c) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for", or "occupied for."
(Ord. 25-2011. Passed 9-20-11.)
1103.03 GENERAL TERMS.
(a) Definitions used in this Zoning Code:
(1) Accessory Building means a building detached from a main building and customarily used with, and clearly incidental and subordinate to, the main building or use, and ordinarily located on the same lot with such main building, or on a lot with an established main use that is adjacent to such lot in the same ownership. Such ownership shall be determined at the time the accessory building is constructed. In the event the accessory building is to be located on a lot a with an established main use that is adjacent to such lot in the same ownership, the approval of the accessory building shall be subject to the conditional use provision in Chapter 1173 of this Code.
(2) Accessory Use means a use of land or of a building or portion thereof customarily used with and clearly incidental and subordinate to, the main use of land or building and ordinarily located on the same lot with such main use, or on a lot with an estimated main use that is adjacent to such lot in the same ownership. In the event the accessory building is to be located on a lot with an established main use that is adjacent to such lot in the same ownership, the approval of the accessory use shall be subject to the conditional use provisions in Chapter 1173 of this Code.
(Ord. 5-2020. Passed 3-11-20.)
(3) Agriculture means farms and general farming, including horticulture, floriculture, dairying, livestock, and poultry raising, equine breeding, stabling and training, farm forestry and other similar enterprises or uses, but no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish or offal, or as rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.
(4) Alley means any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
(5) Alteration means any change, addition or modification in construction or the type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.
(6) Assisted Living Facility means a facility that provides supervision or assistance with activities of daily living, coordination of services by outside health care providers and monitors residents activities to help to ensure their health, safety and well-being.
(7) (EDITOR’S NOTE: Former subsection (a)(7) was deleted by Ordinance 20-2025, passed April 15, 2025.)
(8) Bank means an establishment providing retail banking, credit and mortgage services. The term also means financial institution, but shall not include a currency exchange, a payday loan agency or a title loan agency.
(9) Basement means that portion of a building that is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
(10) Board of Appeals means the Board of Zoning Appeals of the Village of Richfield.
(11) Build means to establish, construct, create, assemble, reconstruct, enlarge and alter.
(12) Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of person, animals, chattels or property of any kind. This includes tents, awnings or vehicles situated on private property and used for purposes of a building.
(13) Building Addition means an enlargement of a structure.
(14) Building Height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the ground at the building wall.
(15) Building Line means a line formed by the face of the building. A minimum building line is the same as the front yard setback.
(16) Building, Main or Principal means a building in which the principle use of the lot on which it is situated is conducted.
(Ord. 25-2011. Passed 9-20-11.)
(16.5) Car wash means a facility for washing one or more personal automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices: or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer. Car wash also includes waxing and detailing of personal automobiles.
(Ord. 64-2018. Passed 1-15-19.)
(17) Centralized Sanitary Sewer System means a system where individual lots are connected to a common sewage system that is publicly owned and operated.
(18) Centralized Water System means a system where individual lots are connected to a common water distribution system that is publicly owned and operated.
(19) Clinic means any building or other structure devoted to the medical diagnosis, treatment, and care of human outpatients.
(20) Club means any organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit, whose facilities are available only to a limited number of members and guests.
(21) Collector Road or Secondary Road means a street supplementary to and connecting major streets to local streets. Collector or secondary roads are Hawkins Road, Everett Road, Brush Road and Revere Road.
(22) Commission means the Planning and Zoning Commission of the Village.
(23) Comprehensive Plan means a land use and transportation plan for the entire Village including graphic and written proposals, indicating the general location of streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
(24) Conditional Use means a use not permitted by right in a zoning district but which may be permitted in certain locations under specific conditions upon consideration of the effect of such use on neighboring properties.
(25) Condominium means a building or group of buildings designed for multifamily occupancy in individual separately owned units.
(26) Council means the Village Council of the Village of Richfield.
(27) Criterion means the principal by which the planning of a subdivision or development area shall be guided.
(28) Day Care Center means a place for the daily care of children and adults.
(29) Developer means a person commencing proceedings under these regulations to effect a subdivision or development of land.
(31) District means a section of the Village for which uniform zoning regulations, as provided herein, govern the use of land, structures and land, the permitted height and area of structures, the area of open spaces and design standards.
(32) Drive-In or Drive-Thru means a business establishment so developed that its retail or service character is dependent on providing a driveway approach for motor vehicles to serve patrons while in the motor vehicle rather than within a building or structure.
(33) Dwelling, Multifamily means a building or portion thereof designed for occupancy by three or more families living independently of each other.
(34) Dwelling, Single-family means a building designed exclusively for occupancy by one family and having no less than 1,000 square feet of floor area.
(35) Dwelling, Two-family means a building designed exclusively for occupancy by two families independent of each other, such as a duplex dwelling unit.
(36) Dwelling Unit means a building or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities.
(37) Engineer means the Engineer of the Village.
(38) Essential Services means the erection, construction, alteration, or maintenance by public utilities or Municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission or distribution systems or including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities of Municipal departments for the general health, safety or welfare.
(39) Excavation means any breaking of ground, except common household gardening and ground care.
(40) Exit/Entrance Ramp means a roadway connecting to a freeway and providing access thereto.
(41) Family means one or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall also be deemed to constitute a family.
(42) Floor Area means, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
(43) Freeway means a divided arterial highway for through traffic to which access from abutting properties is prohibited and all street crossings are grade separated.
(44) Garage, Private means an accessory building for parking or storage of vehicles in connection with the permitted use of the principal building.
(45) Garage, Public means any garage, other than a private garage, available to the public, operated for gain and used for the parking or storage, equipping of automobiles or other motor vehicles.
(46) Grade means a ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
(47) Home Occupation means any use or profession customarily conducted entirely within and/or from a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental to the use of the dwelling.
(48) Hospital means any building or other structure containing beds for overnight patients and devoted to the medical diagnosis, treatment, or other care of human ailments.
(49) House Trailer means any self-propelled and non self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy for human habitation, whether resting on wheels, jacks, or other foundation, and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.
(50) House Trailer Park means any site, lot, field or tract of land upon which three or more house trailers used for habitation are parked either free of charge or for revenue purposes, and shall include any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of such house trailer park.
(51) Kennel, Commercial means any lot or premises on which more than three dogs, cats or other household pets are either permanently or temporarily boarded, bred, or sold with all activities conducted inside a wholly enclosed building.
(52) Loading Space means an off-street space on the same lot with a building or group of buildings, for temporary parking of a commercial vehicle while loading and unloading merchandise or materials
(53) Local Street means a street, which primarily provides access to abutting properties.
(54) Lot means a division of land separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for the purposes of sale, lease, or separate use.
(55) Lot Area means the total horizontal area within the lot lines of a lot.
(56) Lot, Corner means a lot at the point of intersection of and abutting on two intersecting streets.
(57) Lot Coverage means that part or percent of the lot occupied by buildings, including accessory buildings.
(58) Lot Depth, means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(59) Lot, Double Frontage means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of such lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
(60) Lot, Interior means any lot other than a corner lot.
(61) Lot Line means the boundaries of the lot.
(62) Lot of Record means a parcel of land, the dimensions of which are shown on a recorded plat of the Summit County Auditor.
(63) Lot Width means the straight-line distance between the side lot lines, measured at the two points where the minimum building line, or setback, intersects the side lot lines.
(64) Main Building means a building in which is conducted the principal use of the lot upon which it is situated.
(65) Major Road or Thoroughfare means a road which is intended to serve a large volume of traffic for both the immediate area and the region. Major roads include Brecksville, Broadview, Streetsboro and Wheatley.
(66) Marginal Access Road means a service roadway parallel to a freeway, which provides access to abutting properties.
(67) Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story occupying not more than one-third of the floor area of such main story.
(68) Motel, Hotel means a series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the traveling public.
(69) Nonconforming Building means a building or portion thereof, existing at the effective date of this Zoning Code, or amendments thereto, and does not conform to the use regulations of the district in which it is located.
(70) Nonconforming Lot means a parcel of land nonconforming as to the lot area and/or lot width requirement of the district in which it is located.
(71) Notice means a written announcement delivered to a person at his/her usual address as shown on the Summit County tax records.
(72) Nursery, Plant Material means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for sale on the premises, including products used for gardening or landscaping.
(73) Nursery School means a school for the training of children not more than five years of age.
(74) Nursing Home means a long-term healthcare facility that provides full-time care and medical treatment for people who are unable to take care of themselves.
(75) Occupancy Permit means an official statement issued by the Zoning Inspector certifying that a building, structure or parcel of land is in compliance with the provisions of this Zoning Code and may be occupied or used lawfully for the purposes indicated.
(76) Off-street Parking Lot means a facility, other than for single-family and two-family dwellings, providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
(77) Parking Space means an area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
(Ord. 25-2011. Passed 9-20-11.)
(77.5) Portable Storage Container means a permanent or temporary building/structure designed and used for storage that may be delivered onsite and picked up and removed to a different location. Examples of portable storage containers include shipping containers, PODs, or similar items commercially available for the same purpose. A dumpster is a portable storage container, unless it is used for holding waste, garbage or refuse. (Ord. 48-2023. Passed 9-5-23.)
(78) Public Hearing means a hearing, open to the public after public notice thereof has been given, at which any person shall be entitled to be heard concerning the subject matter of the hearing.
(79) Public Notice means a notice in a newspaper of general circulation in the Village not less than ten days prior to the public hearing.
(80) Public Utility means any person, firm, corporation, municipal department, board or commission duly authorized to furnish to the public under Federal, State or Municipal regulations gas, steam, electricity, sewage disposal, communication, transportation, or water or such other public utilities as may be defined by law.
(81) Regulation means a rule, restriction, requirement or other mandatory provision intended to control, or prohibit, an act.
(82) Recreational Vehicle means a motor home, camping trailer, boat, all-terrain vehicle, trailers, or similar equipment.
(83) Riparian Area means naturally vegetated land adjacent to watercourses that, if appropriately sized, stabilizes stream banks, limits erosion, reduces flood size flows and/or filters and settles out runoff pollutants, or performs other functions consistent with best management practices.
(84) Secretary means the Secretary of the Planning and Zoning Commission and the Secretary of the Board of Zoning Appeals.
(85) Setback means the distance required to comply with the front, side or rear yard open space provisions of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
(86) Shooting range, indoor means a facility operated for the purpose of shooting with firearms or archery equipment, whether publicly or privately owned and whether or not operated for profit. “Shooting range” does not include a facility owned or operated by a municipal corporation, county, township police district, or joint police district.
(Res. 28-2018. Passed 6-26-18.)
(87) Side Street means the street along the side of a corner lot.
(88) Signs shall mean any visual communication display, object, device, graphic structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this Zoning Code, the word "sign" does not include flag, pennant, badge, or insignia of any government of governmental agency.
(89) Stable, Private means a building for horses owned by the occupants of the dwelling to which it is an accessory use.
(90) Standard means a test, measure, model or example of quantity, extent, or quality.
(91) Story means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above then the ceiling nest above. A story thus defined shall not be counted as a story when more than fifty percent, by cubic content, is below the height level of the adjoining ground.
(92) Story, Half means an uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below, where the height above at least 200 square feet of floor space is seven feet, six inches.
(93) Street means a public thoroughfare more than twenty feet in width, which has been dedicated to the Village of Richfield for public use.
(94) Structure means anything constructed or erected, the use of which requires location in, or on, the ground or attachment to something having location on the ground.
(95) Temporary Use of Building means a use or building existing during periods of construction of the main use or building, or for special events.
(96) Trailer Coach means any vehicle designed, used, or so constructed as to permit it being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
(96.5) Travel Center A use involving the sale of vehicle fuels, the sale of accessories or equipment for over-the-road trucks and similar commercial vehicles, the provision of extended or overnight accommodations, the provision of extended or overnight parking (this includes the provision of parking spaces for a fee and the operation of off-street parking lots), showers, vehicle scales, restaurant facilities, game rooms, and/or other services and diversions intended mainly for use by truck drivers and interregional travelers. Travel centers include such commonly used terms as truck plaza, truck stop, travel plaza.
(97) Usable Floor Area means, for the purposes of computing parking, that area used, or intended to be used, for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of usable floor area. Measurement of floor area shall be the sum of gross horizontal areas of the several floors of the building.
(98) Use means the purpose for which land or a building is arranged, designed or intended, or for which the land or building is or may be occupied.
(99) Variance means a modification of the literal provisions of this Zoning Code and may be granted when the strict enforcement of this Zoning Code would cause practical difficulties or unnecessary hardship owning to circumstances unique to the individual property for which the variance is granted.
(100) Vehicle Service Center means an establishment in which the retail sale of accessories and services for automobiles is provided as the primary use.
(101) Vehicular Repair Station or Truck Servicing Station means a place where the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, or fender straightening and repair, and painting and undercoating of automobiles.
(101.5) Vehicle Fuel Station A facility used for the retail sale of vehicle fuels, engine oils, or accessories, which can include but is not limited to gasoline, diesel, electric, natural gas or any other commercially available fuel source for vehicles.
(102) Veterinary Clinic means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those animals who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity of providing care for animals.
(103) Village or Municipality means the Village of Richfield.
(104) Yard means the open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code and as defined herein:
A. "Front yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
B. "Rear yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
C. "Side yard" means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.
(105) Zoning Certificate means a written document issued by the Zoning Inspector, or other authorized person acting in that capacity, which indicates that the submitted plans and specifications for land use (except a conditionally permitted use) and/or for a proposed construction reconstruction or relocation of any structure or part thereof, comply with all applicable provisions of the regulations hereof, and which grants to the applicant permission to proceed with the proposed land use and/or to construct, reconstruct or relocate such structure or part thereof in accordance with the plans and specifications as submitted.
(106) Zoning Certificate, Conditional means a written document issued by the Commission for a conditionally permitted use, which indicates that the submitted plans and specifications for land use and/or for a proposed construction, reconstruction, or relocation of any structure or part thereof, comply with all applicable provisions of the regulations hereof, and which grants to the applicant permission to proceed with the proposed land use and/or to construct, reconstruct or relocate such structure or part thereof in accordance with the plans and specifications as submitted and subject to conditions imposed.
(107) Zoning Inspector means the Zoning Inspector of the Village of Richfield.
(108) Zoning Map means the Zoning Districts Map of the Village of Richfield, Summit County, Ohio.
(Ord. 25-2011. Passed 9-20-11; Ord. 20-2025. Passed 4-15-25.)
1105.01 POWERS OF ZONING INSPECTOR.
All proposed uses of buildings and land require issuance of a Zoning Certificate and an Occupancy Certificate. The Zoning Inspector shall be and act as the administrative officer for the purpose of effecting proper administration and enforcement of this Zoning Code. The Zoning Inspector shall have the power to issue zoning certificates for permitted uses in residential districts and certificates of occupancy for all uses in all zoning districts.
(Ord. 25-2011. Passed 9-20-11.)
1105.03 SUBMISSION OF APPLICATIONS FOR ZONING CERTIFICATES.
All applications for zoning certificates shall be submitted to the Zoning Inspector on forms provided. All supporting information as required for each district shall be submitted to the Zoning Inspector prior to any action on the application.
(Ord. 25-2011. Passed 9-20-11.)
1105.05 PLANNING AND ZONING COMMISSION APPROVAL; WHEN REQUIRED.
The Commission shall approve or deny applications for conditionally permitted uses in all zoning districts and for permitted uses in all non-residential zoning districts and permitted uses within residential districts if forwarded from the Zoning Inspector to the Commission. Applications shall include a development plan as provided in Chapter 1171
.
(Ord. 25-2011. Passed 9-20-11.)
1105.07 ZONING CERTIFICATES REQUIRED.
No land use shall be commenced or changed, and no structure shall be erected or enlarged, moved or demolished and no sign shall be installed or altered until a zoning certificate has been obtained. Any zoning certificate based on any false material or statement in the application or supporting documents is absolutely void, from the beginning, and shall be revoked. No zoning certificate shall remain valid if the use or structure it authorizes becomes nonconforming.
(Ord. 25-2011. Passed 9-20-11.)
1105.09 PROCEDURES FOR OBTAINING A ZONING CERTIFICATE.
(a) General Review. Within 30 days after receipt of a complete application, the Zoning Inspector shall act on such application. The Zoning Inspector, or the Commission as provided in Section 1105.01
and Section 1105.05
, shall as part of the review of each application for a zoning certificate, give due consideration to the design, amenities, natural features, and existing structures on the site as well as the overall appearance and relationship to adjoining parcels.
(1) In the case of an application for a permitted use within a residential district, the Zoning Inspector shall either issue a zoning certificate, forward the application and his or her comments to the Commission for action or reject the application in writing, with reasons for the rejection stated.
(2) In the case of an application for a permitted use in a non-residential zoning district or a conditionally permitted use within all zoning districts the Zoning Inspector shall forward the application and development plan and his or her comments to the Commission for action.
(3) After the Commission has received an application and development plan from the Zoning Inspector, said application shall be discussed at the next regular meeting of the Commission, provided that it is received in sufficient time to be accommodated on the agenda.
(4) The Commission, in addition to its review, may refer the application to any interested agencies, its planning and architectural consultants, the Village Engineer, Village Law Director, and all Village department heads for review comments and recommendations, including improvements.
(b) Action by the Commission and Zoning Inspector. After having received the aforementioned comments and recommendations and having sufficient time to review the comments and recommendations, the Commission may act on the application at its next regular meeting or the Commission may defer action due to required plan revisions or additions. The Commission shall attempt to take action within 45 days after the meeting at which the discussion was held.
The Commission shall state in its records any and all special conditions, as the Commission deems necessary to carry out the purpose of this Zoning Code.
(1) If the Commission denies any application for a zoning certificate, it shall state in its record the reasons for such refusal.
(2) No zoning certificate shall be issued by the Zoning Inspector until the eleventh day after a sign has been posted on the land, which is the subject of the certificate, with a legend thereon stating that a zoning certificate has been applied for and that a set of plans is available for inspection by the public at the Village Hall.
(Ord. 25-2011. Passed 9-20-11.)
1105.11 EXPIRATION OF ZONING CERTIFICATE.
A zoning certificate shall become void at the expiration of one year after its date of issuance, unless construction is started. If no construction is started or use changed within one year of the date of a certificate, a new certificate shall be required.
(Ord. 25-2011. Passed 9-20-11.)
1105.13 CERTIFICATES OF OCCUPANCY.
(a) Required. No person shall use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted to wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy has been issued therefore by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Zoning Code and provided that all site improvements as shown on the approved development plan have been completed.
(b) Temporary Certificates. The Commission may authorize the Zoning Inspector to issue a temporary certificate of occupancy of a building or site for a period not to exceed six months pending completion of all required improvements provided a financial guarantee in a form approved by the Village has been obtained for the improvements to be completed.
(Ord. 25-2011. Passed 9-20-11.)
1105.15 SPECIAL ZONING ORDERS BOOK.
The Zoning Inspector shall keep a book, to be known as the Zoning Orders Book, in which he or she shall list, with a brief description, all authorizations for all certificates. Each item shall be assigned a number when entered. All zoning records shall be open to public inspection.
(Ord. 25-2011. Passed 9-20-11.)
1105.17 FEES.
Fees for processing applications for a zoning certificate and certificate of occupancy shall be determined by the Council. When the Commission finds it necessary to maintain a strict record of public hearing procedures, or when the Commission deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.
(Ord. 25-2011. Passed 9-20-11.)
1105.19 COMPLIANCE REQUIRED; USES NOT PERMITTED ARE PROHIBITED.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used, in a manner, which does not comply with all of the district provisions established by this Zoning Code for the district in which the building or land is located. Uses, which are omitted from this Zoning Code, not being specifically permitted, shall be considered prohibited until, by amendment, such uses are written into this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1105.21 CONSTRUCTION OF EXISTING BUILDINGS.
Nothing contained in this Zoning Code shall hinder the construction of a building, or prohibit its use where construction has started, before the effective date of this Zoning Code, provided that foundations and/or footing have been put in place before the effective date of this Zoning Code, and provided, further, that such building shall be completed for occupancy within two years from the date of passage of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1105.23 VIOLATIONS A NUISANCE; REPORTS TO ZONING INSPECTOR.
Buildings erected, altered, moved, razed or converted, or any uses of land or premises in violation of any provision of this Zoning Code, are hereby declared to be a nuisance per se. Any building or land use activity, which violates any provision of this Zoning Code, shall be reported to the Zoning Inspector.
(Ord. 25-2011. Passed 9-20-11.)
1105.25 INSPECTIONS; ORDERS TO CORRECT.
The Zoning Inspector shall investigate each alleged violation and shall order the correction of all conditions which are found to be in violation of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1105.27 CORRECTION PERIOD.
All violations not corrected shall be immediately corrected after the written order pertaining thereto is issued, or within a period of time as indicated by the Zoning Inspector in a written order. Any violation not corrected within the specified period of time shall be reported to the Village Law Director, who may initiate prosecution procedures.
(Ord. 25-2011. Passed 9-20-11.)
1105.29 PENALTY.
Unless otherwise specifically provided for, the owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, and any tenant or occupancy of such building or premises, and any architect, builder or contractor who assists in the commission of any such violation, and any person who violates any of the provisions of this Zoning Code or fails to comply therewith, is for each violation, guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00). Each day of such a violation or failure to comply shall constitute a separate offense.
(Ord. 25-2011. Passed 9-20-11.)
1107.01 POWERS AND DUTIES.
(a) The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law, the Charter of the Village of Richfield and the Zoning Code.
(b) For the purpose of this Zoning Code, the Board shall have the following powers and duties:
(1) To hear and decide appeals. The Board shall hear and determine all appeals from any decision or action made by the Zoning Inspector, or by any administrative officer, including the Commission, on matters relating to this Zoning Code for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and then to decide appeals by either reversing, affirming wholly, or in part or modifying such order, requirement, decision, or determination.
(2) To authorize variances from the terms of this Zoning Code. When practical difficulties or unnecessary hardships, depending on the type of variance sought, result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority, subject to Article X. Section 10.02 of the Charter of the Village of Richfield to grant upon such conditions as it may determine, such variances from the provisions of the Zoning Code as may be consistent with its general purpose and intent so that the spirit of the Zoning Code shall be observed, public safety and welfare secured, and substantial justice done.
(3) To authorize a variance for nonconforming uses according to the criteria set forth in Chapter 1113 of the Zoning Code.
(4) To retain the services of technical experts and such other persons as may be required to perform its duties.
(5) To hear and decide all matters specifically referred to it for decisions such as district boundary lines and other sections of this Zoning Code.
(6) To adopt rules and regulations provided they are not in conflict with this Zoning Code or the Charter of the Village of Richfield for the holding of regular and special meetings for the transaction and disposition of its business and the exercise of its powers.
(7) To compel and require the attendance of witnesses by power of subpoena, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to the Board for a decision.
(Ord. 25-2011. Passed 9-20-11.)
1107.03 MEETINGS; HEARINGS; RECORDS.
(a) Meetings and Hearings. The Board shall schedule regular monthly or semi-monthly meeting, which may be cancelled if no appeals are filed. Special hearings can be arranged at the call of the Chairman.
(b) Record of Decisions. The Board is authorized to engage the services of a Secretary, and shall provide a report of all its proceedings, setting forth its decision, the vote of each member participating therein and the absence of a member or his failure to vote. Within a reasonable time following the Board's decision, such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the offices of the Planning and Zoning Department, and copies shall be mailed to each interested party noted therein. Any permit authorized or issued pursuant to any decision of the Board shall have incorporated therein any special conditions prescribed by the Board and a statement that the permit is subject to revocation for failure to comply with any of the conditions so prescribed.
(Ord. 25-2011. Passed 9-20-11.)
1107.05 APPEALS; PUBLIC HEARINGS.
(a) Appeals to the Board may be initiated by any person, firm, or corporation, or by any officer, board, or department of the Village, deeming himself or itself to be adversely affected by any decision or action made by the Zoning Inspector, any administrative officer, including the Commission, regarding matters relating to this Zoning Code.
(1) Initiation of Appeal. A notice of appeal shall be filed with the Planning and Zoning Department within 14 calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee. Such written notice of appeal shall specify therein the grounds and reasons for the appeal.
(2) Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Planning and Zoning Department the department shall place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by ordinary and certified mail, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by ordinary and certified mail to any person, firm, or corporation owning premises located within 300 feet of the property line of the property to which such appeal or application relates. Failure of delivery of such notice shall not invalidate action taken on such application. Further notice shall be given in one or more newspapers of general circulation in the Village at least ten days before the date of said public hearing. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required. Any interested person may appear at the public hearing. The appellant, except the Village, shall post security for the cost of all action required for the hearing of the appeal.
(3) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.
(4) Decision of the Board. Within its powers, the Board may reverse or affirm, wholly or in part, or modify to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 45 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.
(Ord. 25-2011. Passed 9-20-11.)
1107.07 VARIANCE, APPLICATION, AND HEARING.
(a) The Board may authorize upon appeal in specific cases such variance from the terms of this Zoning Code that will not be contrary to the public interest according to the following procedures:
(1) Application Requirements. An application for a variance shall be filed with the Zoning Inspector for review by the Board upon the forms promulgated and provided by the Board, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
A. Name, address and phone number of applicant(s);
B. Proof of ownership, legal interest or written authority;
C. Description of property or portion thereof;
D. Description of nature of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance pursuant to Section 1107.07 (b);
F. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee;
H. Any other documents deemed necessary by the Zoning Inspector.
The Board may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for a variance.
(2) Review by the Board. According to the procedures established for appeals in Section 1107.05
(a) the Board shall hold a public hearing and give notice of the same pursuant to Section 1107.05
(a)(2). The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship, depending on the type of variance sought.
(Ord. 25-2011. Passed 9-20-11.)
1107.09 REQUIRED FINDINGS FOR VARIANCE.
(a) When considering a request for a variance the Board shall be subject to powers and limitations of powers set forth in Article X Section 10.02
of the Charter of the Village of Richfield and further subject to the required findings set forth in Section 1107.09
(b) or Section 1107.09
(c) depending on the type of variance sought. The applicant for a variance shall have the burden of proof in these proceedings.
(b) No variance to the provisions or requirements of the Zoning Code, pertaining to area zoning requirements such as frontage, setback, and height shall be granted by the Board unless the Board has determined that a practical difficulty exists or will result from a literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area or setback variance, has proved practical difficulty, include:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to the lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structure;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment if the variance is granted;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer ,trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the owner;
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
(9) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by these regulations to other lands, structures, or buildings in the same district.
(Ord. 25-2011. Passed 9-20-11.)
(c) Subject to Article X, Section 10.02 of the Charter of the Village of Richfield, the Board may authorize a variance, other than for area zoning requirements such as frontage, setback and height, in specific cases, from the strict application of the Zoning Code, provided that it has considered the conditions enumerated in (1) through (7) below have been met:
(1) The variance requested stems from a condition, which is unique to the property at issue and not ordinarily found in the same zoning district;
(2) The hardship condition is not created by actions of the applicant;
(3) The granting of the variance will not adversely affect the rights of adjacent owners;
(4) The granting of the variance will not adversely affect the public health, safety, or general welfare;
(5) The variance will be consistent with the general spirit and intent of the zoning code;
(6) The variance sought is the minimum which will afford relief to the applicant; and
(7) There is no other economically viable use, which is permitted in the zoning district. (Ord. 13-2019. Passed 7-2-19.)
1107.11 CONDITIONS AND SAFEGUARDS.
The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.
(Ord. 25-2011. Passed 9-20-11.)
1107.13 ACTION BY THE BOARD.
The Board shall either approve, approve with supplementary conditions as provided in Section 1107.11
, or disapprove the request for a variance according to the procedures established for appeals in Section 1107.05
(a)(4). The Board shall further make a findings in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If a variance has been denied by the Board, the Board need not reconsider the same or substantially similar request for a variance if resubmitted within one year after the date of the decision, unless the underlying conditions have substantially changed.
(Ord. 25-2011. Passed 9-20-11.)
1107.15 FINDINGS AND CONCLUSIONS.
Any interested party to an appeals or an application for a variance may make written request that the Board issue findings and conclusions of fact in support of any final decision entered by the Board. Any request for findings and conclusions of fact must be made in writing within ten calendar days of the Board's decision as approved in the meeting minutes. The Board shall issue such findings and conclusions. Nothing herein shall extend the time for the filing of an appeal pursuant to Chapter 2506 of the Ohio Revised Code.
(Ord. 25-2011. Passed 9-20-11.)
1107.17 TERM, MODIFICATION, AND RENEWAL OF VARIANCE.
Variances shall be nonassignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section and the Board shall not be bound by its prior decision.
(Ord. 25-2011. Passed 9-20-11.)
1107.19 DECISIONS; APPEALS TO COURT.
Other than in the case of a variance granted by the Board from the use provisions of this Code, decisions by the Board granting or denying variances shall be final within the Village, except that an appeal therefrom may be taken to the Court of Common Pleas of Summit County, Ohio pursuant to Chapter 2506 of the Ohio Revised Code by an interested party, including the Village and its officials. In cases where a variance is granted by the Board which would permit a use of property that is not a permitted, conditionally permitted, or accessory use for the property under this Code, the Secretary of the Board shall immediately file with the Clerk of Council a copy of the transcript of the Board proceedings that resulted in the granting of the variance. Council may, within thirty days after such filing, reverse or modify the decision of the Board by a resolution of Council which states the reasons for its decision. If no action is taken by Council within such thirty day period, then the decision of the Board shall be final.
(Ord. 37-2012. Passed 3-5-13.)
1107.21 FEES.
The fee required to file a notice of appeal or an application for variance to the Board shall be as determined by the Council.
(Ord. 25-2011. Passed 9-20-11.)
1109.01 AMENDMENTS BY COUNCIL.
Council may, from time to time, amend this Zoning Code by changing the number, shape, area or regulations of districts established on the Zoning Districts Map or the regulations set forth in this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1109.03 INITIATION OF AMENDMENTS.
Amendments to this Zoning Code may be initiated by:
(a) Motion of the Commission
(b) Adoption of a resolution by Council
(c) Filing of an application with Council by one or more property owners within the area proposed to be changed or affected by the proposed amendment to this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1109.05 CONTENTS OF APPLICATION FOR AMENDMENT.
All applications for a zoning amendment shall include:
(a) Evidence that the existing Zoning Code is unreasonable with respect to the particular property, and deprives the property owner of his or her lawful and reasonable use of the land. For the purposes of this Zoning Code, a limitation upon the financial gain from the land in question shall not constitute unreasonable zoning;
(b) Evidence that the proposed amendment would materialize in an equal or better Zoning Code than that existing;
(c) An application fee to cover the cost of publishing and posting, mailing the notices of hearings and other expenses incident thereto shall be determined by Council. Such fee shall not apply to any amendment initiated by Council or the Commission;
(d) Proof of ownership of the parcel, or parcels, of property sought to be rezoned;
(e) A legal description of the parcel, or parcels, of property with a drawing to scale;
(f) A description of the proposed use of the property, as rezoned, either written, drawn or both;
(g) A list of names and addresses of the owners of all properties lying within 1,000 feet to the parcel, or parcels, the zoning of which would be changed by the proposed amendment. Said names and addresses shall be placed on two sets of gummed labels. The applicant shall use the Summit County Auditor's current records for these names and addresses.
(Ord. 25-2011. Passed 9-20-11.)
1109.07 REFERRAL OF PROPOSED AMENDMENT TO COMMISSION.
The text or copy of the text of each amendment to this Zoning Code, together with the maps or plans or copies thereof forming a part of, or referred to in, such amendment to this Zoning Code, shall be certified by the Clerk of Council to the Commission for approval, disapproval, or for recommended modifications. The Commission shall be allowed a reasonable period of time, not more than 60 days, for consideration and report to Council, unless the Council shall provide a different period of time.
(Ord. 25-2011. Passed 9-20-11.)
1109.09 PLANNING AND ZONING COMMISSION REVIEW AND RECOMMENDATION.
(a) Review by the Commission. The Commission shall set an informal hearing or informational meeting for review of a zoning amendment application, upon receipt of a certified zoning amendment application from the Clerk of Council.
(b) Notice of Informal Hearing or Informational Meeting Concerning Proposed Rezoning of Land. Notice of such hearing or meeting shall be given as follows:
(1) By publication of the time and place of such hearing or meeting in a newspaper of general circulation in the Village at least ten days prior to the meeting date.
(2) If the amendment intends to rezone or redistrict ten or less parcels of land as listed in the tax duplicate, written notice of the meeting shall be mailed by the Zoning Inspector by ordinary mail at least ten days before the date of the meeting to the listed property owners within 1,000 feet of the properties proposed to be rezoned.
(c) Planning and Zoning Commission Action and Report. The Commission shall, within the time period provided by Council, which is to be measured from the date of referral by Council to the Commission, send an approval, disapproval or recommendation, and report back to Council.
(Ord. 25-2011. Passed 9-20-11.)
1109.11 PUBLIC HEARING BY COUNCIL.
Before this Zoning Code is amended, Council shall hold a public hearing thereon.
(a) Notice of Hearing. Council shall, upon receipt of a recommendation from the Commission, set a time for a public hearing on such proposed amendment or supplement, which date shall not be more than 60 days from the approval, disapproval or recommendation and report from the Commission. Notice of such hearing shall be given as follows:
(1) By publication of the time and place of such hearing in a newspaper of general circulation in the Village at least 30 days prior to the hearing date. The notice shall include a statement that opportunity will be afforded to any person interested to be heard.
(2) If the amendment intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by certified and ordinary mail, at least 20 days before the date of public hearing, to the listed property owners within 1,000 feet as provided for on the gummed labels required in the application for zoning amendment.
(b) Public Inspection of Proposed Amendment. During the 30 days subsequent to giving notice of the public hearing, the text or copy of the text of such amendment, together with the maps or plans or copies thereof forming a part of, or referred to in, such amendment, and the maps, plans and reports submitted by the Commission, shall be on file for public examination in the office of the Clerk of Council, or such office as is designated by Council.
(Ord. 25-2011. Passed 9-20-11.)
1109.13 ACTION BY COUNCIL.
Within 90 days after the public hearing provided for in Section 1109.11
, Council shall act on the proposed amendment.
(Ord. 25-2011. Passed 9-20-11.)
1109.15 AMENDMENTS TO DEFINITIONS.
Whenever an amendment is made to the text of this Zoning Code, the appropriate definitions pertinent to such amendment shall be included in the proper definition chapter.
(Ord. 25-2011. Passed 9-20-11.)
1111.01 ESTABLISHMENT OF DISTRICTS.
The incorporated territory of the Village is hereby divided into zoning districts in order to classify, regulate and restrict the location of trades, residences, recreation and other land uses, and the location of buildings designed for special uses; to regulate and limit the height, bulk, number of stories and size of buildings and other structures hereafter erected or altered; and to regulate and limit the amount of lot area which may be occupied, setback lines, size of yards, courts and other open spaces within and surrounding such buildings, and the density of population. All such regulations are uniform for each building, structure or use within each zoning district.
(Ord. 25-2011. Passed 9-20-11.)
1111.03 ZONING DISTRICTS.
For the purpose of this Zoning Code the following classification of districts is hereby established in the Village:
Title | Text and Map Abbreviation |
Conservation District | CD |
Residential Districts | |
One Family Rural | RR |
R-1 Single-family | R-1 |
R-2 Single-family | R-2 |
Single-family Conservation | RCD |
R-3 Cluster | R-3 |
R-4 Multifamily | R-4 |
Title | Text and Map Abbreviation |
Commercial Districts | |
Historic Commercial Districts I & II | CH-I, CH-II |
Local Retail | C-1 |
General Business | C-2 |
Special Commercial | C-3 |
Planned Commerce | PCD |
Office/Laboratory | OL |
Office and Limited Industrial | OLI |
Industrial | I |
(Ord. 25-2011. Passed 9-20-11.)
1111.05 ZONING DISTRICTS MAP.
The districts and their boundary lines are indicated upon a map entitled "Zoning Districts Map of Richfield Village, Summit County, Ohio," which map is made a part of this Zoning Code. The Districts Map, together with all notations, reference and other matters shown hereon, is hereby declared to be a part of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1111.07 INTERPRETATION OF DISTRICT BOUNDARIES.
Where any uncertainty exist with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
(a) Where Boundaries Approximately Follow Streets, Alleys or Highways: Where district boundaries are indicated as approximately following the centerline or right-of-way line of streets, the centerline or alley line of alleys or the centerline or right-of-way line of highways, such lines shall be construed to be such district boundaries.
(b) Where Boundaries Parallel Street Right-of-Way Lines, Alley Lines or Highway Right-of-Way Lines: Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets, the center lines or alley lines of alleys or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map.
(c) Vacation of Public Ways: Whenever any street or public way is vacated in the manner authorized by law, the zoning districts adjoining each side of the street or public way shall be automatically extended to the center of such vacations, and all area included in the vacation shall thereafter be subject to all regulations of the extended districts.
(Ord. 25-2011. Passed 9-20-11.)
1113.01 PURPOSE.
This Chapter regulates the continuance, maintenance, repair, restoring, moving, and discontinuance of nonconforming buildings, land, and uses are hereby established in order to achieve among others, the following purposes:
(a) To permit the continuance of nonconformity but with control so as to minimize any adverse effect on the adjoining properties and development;
(b) To regulate nonconforming building maintenance, repair and extension;
(c) To restrict the reconstruction of a nonconforming building if such building is substantially destroyed;
(d) To require the permanent discontinuance of nonconforming buildings, land and uses if the same are not operated for specified periods;
(e) To require conformity if nonconforming buildings, land and uses are discontinued and to bring about eventual conformity in accordance with the requirements of the Zoning Code of the Village; and
(f) To permit the expansion of nonconforming buildings provided the expansion does not encroach any further into the required yard than what currently exists.
(Ord. 13-2019. Passed 7-2-19.)
1113.03 NONCONFORMING BUILDINGS.
Nonconforming building means a building or other structure existing lawfully at the time this Zoning Code or any subsequent amendment thereto became effective, but which does not conform as to dimensions (area and width of lot, width of yards, percent of land coverage, or height of building), or as to design (designed or intended for a use not permitted or compatible with the type of structure), or other regulations of the district in which it is located. A nonconforming building may be continued as follows:
(a) Maintenance and Repair: A building nonconforming as to dimensions and/or design may be a continued use and normal repairs may be made. For the purpose of this Zoning Code, normal repairs include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. Normal repairs do not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition or to make the building or use conforming.
(b) Additions: A building nonconforming as to dimensions and/or required yards may be added to or enlarged if the additions do not expand the nonconformity any further, or encroach any further into the required yard, than what currently exists.
(c) Moving: A building nonconforming as to dimension and/or design, may be moved in whole or in part to any other location on the lot or to another lot if every portion of such building so moved is made to conform to all current regulations of the district in which it is to be located.
(d) Restoration of Damaged Building: If a nonconforming building is damaged or destroyed by any means to the extent of less than its assessed value as shown in the current record of the County Auditor, those portions so destroyed or damaged may be restored but to not more than their former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be reestablished.
If a building nonconforming as to dimension only is damaged or destroyed more than its assessed value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located. If a building nonconforming as to design is damaged or destroyed more than its assessed value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to all regulations of the district in which the building is located and it shall be occupied only by a conforming use. Determination of the value of the reproduction of that which was destroyed shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Zoning Inspector and the third to be selected by the mutual consent of the two parties.
(e) Discontinuance of Use: If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least one year, the nonconforming building or nonconforming portion thereof shall be reconstructed to comply with this Zoning Code and any further use must be in conformity with the uses permitted in the district in which it is located.
(Ord. 13-2019. Passed 7-2-19.)
1113.05 NONCONFORMING USE OF BUILDINGS.
"Nonconforming use of a building" means the use of a building existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform to the use, advertising sign, parking, or loading regulations of the district in which it is located. Any nonconforming use of a building may be continued only under the following conditions:
(a) Change of Use: The nonconforming use of a building may only be changed to a conforming use. Once a nonconforming use has been changed to a conforming use or a more restricted use, such use shall not be changed back to a less restricted use or nonconforming use.
(b) Expansion of Use: The nonconforming use of part of a building may not be expanded or extended.
(c) Abandonment of Use: If any nonconforming use within a building or portion thereof is discontinued for a continuous period of at least one year, any future use of such building or portion thereof so discontinued, shall comply with this Zoning Code.
(e) Nonconforming Parking Facilities: A building or use existing lawfully at the time this Zoning Code or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1177
. Furthermore, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street parking and loading facilities, then off-street parking and loading facilities shall be made at least equal to the number of spaces required for the entire building or use in accordance with all provisions of Chapter 1177
.
(f) Nonconforming Use Performance Standards: Any use established before the effective date of this Zoning Code and nonconforming as to one or more of the performance standards established for industrial operations shall be required to conform thereto within one year.
(Ord. 25-2011. Passed 9-20-11.)
1113.07 NONCONFORMING USE OF LAND.
"Nonconforming use of land" means any parcel of land nonconforming as to use, existing lawfully at the time this Zoning Code or any amendment thereto became effective but which does not conform with the use and/or dimension regulations of the district in which it is located. Any nonconforming use of land may be continued under the following conditions:
(a) Change of Use: The nonconforming use of land shall not be changed except to any other use, which complies with this Zoning Code.
(b) Expansion of Use: The use of a lot or part thereof, nonconforming as to use shall not be expanded or extended.
(c) Discontinuance of Use: If any lot or part thereof, nonconforming as to use is discontinued for a continuous period of at least one year, any future use of such lot or part thereof, shall comply with the use regulations of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1113.09 NONCONFORMING LOT.
(a) Any parcel of land nonconforming as to lot area and/or lot width requirements of the zoning district in which it is located, existing lawfully at the time this Zoning Code or an amendment thereto became effective, may be developed according to the following:
(1) If occupied by a building or use, such building or use may be maintained, repaired or altered.
(2) If occupied by a building or use, such building or use may be expanded, provided such addition complies with all other zoning regulations except lot area and lot width.
(3) If vacant, the lot may be used for any use permitted in the zoning district provided such use shall comply with building size and zoning use requirements. Exceptions shall include lot area, lot width and setbacks, which are regulated in item (b) below.
(b) Any lot not meeting minimum area requirements and being a lot of record, a lot for which a land contract has been issued, or any lot within an unrecorded allotment, of which at least one-half of such lots are of record or have been sold on land contract on the effective date of this Zoning Code, may be used irrespective of the area, depth or width of such lot. The width of the side yard of any such lot need not exceed ten percent of the width of the lot; the depth of the rear yard need not exceed 20% of the depth of the lot. However, in no instance shall the minimum dimension of the side and rear yards be less than five and 20 feet, respectively.
(Ord. 13-2019. Passed 7-2-19.)
1113.11 NONCONFORMING DUE TO AMENDMENTS.
The foregoing provisions of this chapter shall also apply to building, structures, land, or other uses, which hereafter become nonconforming as a result of reclassification of zoning districts, regulations, or other amendments to this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
1115.01 PURPOSE.
This Chapter provides for the orderly annexation of land to the Village from surrounding township jurisdictions. Any proposed annexation should promote the health, safety and welfare of the Village.
(Ord. 25-2011. Passed 9-20-11.)
1115.03 APPLICATION.
In addition to the information required by Chapter 709 of the Ohio Revised Code, the owner of any property proposed to be annexed to the Village shall file an application with the Council Clerk, on forms provided. Included in the application should be a statement provided by the applicant that expresses the rational for the annexation request. A survey of the proposed land to be annexed must accompany the application.
(Ord. 25-2011. Passed 9-20-11.)
1115.05 PROCEDURE.
Upon receipt of an application by the Council Clerk, the Clerk will place the annexation request on the Council agenda for the next regularly scheduled meeting. Council shall refer the application to the Commission for evaluation and recommendation of the annexation request according to the purpose of this chapter. The Commission shall recommend to Council a zoning district for the proposed land to be annexed. This procedure will follow the Village Charter Section 9.06
, Mandatory Referral and the Planning and Zoning Code Section 1109
, Amendments.
(Ord. 25-2011. Passed 9-20-11.)