Sheffield City Zoning Code

CHAPTER 1101

General Provisions

1101.01 PURPOSE.

It is the purpose of this planning and zoning code to promote and protect the public health, safety, comfort, convenience, and general welfare of the people of Sheffield Village through the establishment of minimum regulations governing the subdivision and development of land as well as the types of structures allowed and the use of land and structures. Furthermore, the more specific purpose of this planning and zoning code is to:

(a) Encourage and facilitate orderly, efficient, and appropriate growth and development;

(b) Protect the character and the values of the residential, business, industrial, and recreational areas;

(d) Provide adequate open spaces for light and air for all residents;

(e) Establish appropriate development density and intensity to prevent or reduce congestion and to secure the economy in the cost of providing water supply systems, electricity, sewerage systems, streets, highways, fire and police protection, schools, parks and recreation facilities, and other governmental services;

(f) Manage congestion on the streets to improve public safety by locating buildings and uses adjacent to streets in such a manner that they will cause the least interference with traffic movements;

(g) Provide adequate access to all areas of the Village by people of all abilities and by varied modes of transportation;

(h) Encourage interconnectivity of developments to provide multiple access points in and out of developments for safety purposes and traffic dispersion;

(i) Improve the quality of life through the protection of the Village's total environment, including, but not limited to, the prevention of air, water, and noise pollution;

(j) Avoid the inappropriate subdivision or development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage; and

(k) Encourage the most appropriate uses of the land and guide the future development of the Village, all in accordance with the Comprehensive Land Use Plan and any other plans adopted by the Village.

(Ord. 2879. Passed 10-23-23.)

1101.02 SCOPE AND AUTHORITY.

(a) General Authority and Scope.

(1) The authority for the preparation, adoption, and implementation of this code is derived from Ohio Revised Code (ORC) Chapters 711 and 713, which permit the adoption of uniform rules and regulations governing the zoning and subdivision of land.

(2) Nothing in this code shall be construed to limit Village Council in exercising all of its powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes.

(b) References to the Ohio Revised Code (ORC) or the Ohio Administrative Code (OAC). Whenever any provision of this code refers to or cites a section of the ORC (as amended) or the OAC (as amended), and that section is later amended or superseded, this code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. (Ord. 2879. Passed 10-23-23.)

1101.03 TITLE.

These regulations shall be known and may be cited as the "Planning and Zoning Code of Sheffield Village, Ohio," or may be referred to as the "planning and zoning code," the "Sheffield Village Zoning Code," or the "code." This code may also be referred to as Part 11 of the Codified Ordinances of Sheffield Village, Ohio.

(Ord. 2879. Passed 10-23-23.)

1101.04 EFFECTIVE DATE.

This code was originally adopted by Village Council on April 13, 1998 (Ordinance 1552), as amended, and took effect in accordance with the codified ordinances.

(Ord. 2879. Passed 10-23-23.)

1101.05 APPLICABILITY.

(a) General Applicability.

(1) The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures, or portions thereof, located within the municipal boundaries of Sheffield Village in Lorain County, Ohio. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in Section 1101.01: Purpose.

(2) The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building, or structure unless modified, varied, or waived as provided herein.

(3) No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b) Essential Services Exempted.

(1) The erection, construction, alteration, or maintenance by public utilities or municipal departments, boards, or commissions of essential services shall be exempt from the regulations of this code. However, the installation shall conform to Federal Communications Commission and Federal Aviation Administration rules and regulations and those of other authorities having jurisdiction.

(2) Buildings required in conjunction with an essential service identified in subsection (b)(1) above shall be subject to the regulations of this code and shall be reviewed as a principal use in accordance with Section 1107.05.

(Ord. 2879. Passed 10-23-23.)

1101.06 COMPREHENSIVE LAND USE PLAN AND OTHER VILLAGE PLANS.

The administration, enforcement, and amendment of this code should be consistent with the most recently adopted version of the Sheffield Village Comprehensive Land Plan, as amended and herein referred to as the "comprehensive land use plan" or "land use plan." Such plan, or references to such plan, shall also include other adopted or approved plans within the Village that relate to development, including, but not limited to, a thoroughfare plan, parks and recreation plan, etc. Amendments to this code should maintain and enhance the consistency between this code and the Comprehensive Land Use Plan or any other adopted or approved Village plans.

(Ord. 2879. Passed 10-23-23.)

1101.07 INTERPRETATION AND CONFLICTS.

(a) Interpretation of Provisions. The provisions of this code shall be held to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience,

and general welfare.

(b) Conflict with Other Public Laws, Ordinances, Regulations, or Permits. This code is intended to complement other Village, State, and Federal regulations that affect land use and the division of land. This code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this code are more restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions of this code shall govern.

(c) Repeal of Conflicting Ordinance. All ordinances or parts of ordinances in conflict with this code or inconsistent with the provisions of this code are hereby repealed to the extent necessary to give this code full force and effect. (Ord. 2879. Passed 10-23-23.)

1101.08 RELATIONSHIP WITH THIRD-PARTY PRIVATE AGREEMENTS.

(a) This code is not intended to interfere with or abrogate any third-party private agreements, including, but not limited to, easements, covenants, or other legal agreements between third parties. However, where this code proposes a greater restriction or imposes higher standards or requirements than such easement, covenant, or other private third-party agreement, then the provisions of this code shall govern.

(b) Nothing in this code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this code.

(c) In no case shall the Village be obligated to enforce the provisions of any easements, covenants, or other agreements between private parties, even if the Village is a named party in such agreement and has been granted the right to enforce the provisions of such agreement.

(Ord. 2879. Passed 10-23-23.)

1101.09 COMPLIANCE WITH BUILDING, FIRE, AND FLOOD DAMAGE REDUCTION.

(a) Buildings and structures may be subject to other code requirements in the Sheffield Village Codified Ordinances in addition to the requirements of this code, including, but not limited to, Part 13 (Building Code) and Part 15 (Fire Prevention Code).

(b) Enforcement and administration of those regulations shall be as established in the applicable Codified Ordinance section and not through this planning and zoning code.

(Ord. 2879. Passed 10-23-23.)

1101.10 ENVIRONMENTAL REGULATIONS.

(a) All property owners, applicants, or developers proposing to develop a property or alter the land in any way shall have a continuing obligation to comply with all federal, state, and county environmental regulations pertaining to, but not limited to: wetlands, on-site septic systems, other utility systems, drainage and retention, air and water quality, etc.

(b) No permit issued by the Village shall absolve the owners, applicants, or developers from meeting all of these applicable requirements.

(Ord. 2879. Passed 10-23-23.)

1101.11 SEVERABILITY.

(a) If any court of competent jurisdiction invalidates any provision of this code, then such judgment shall not affect the validity and continued enforcement of any other provision of this code.

(b) If any court of competent jurisdiction invalidates the application of any provision of this code to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other property, structure, or situation not specifically included in that judgment.

(c) If any court of competent jurisdiction invalidates any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment. (Ord. 2879. Passed 10-23-23.)

1101.12 TRANSITIONAL RULES.

(a) Purpose. These transitional rules aim to resolve the status of properties with pending applications or recent approvals and properties with outstanding violations on the effective date of this code amendment.

(b) Violations Continue.

(1) Any violation that existed at the time this amendment became effective shall continue to be a violation under this code and is subject to penalties and enforcement under Chapter 1127: Enforcement and Penalties unless the use, development, construction, or other activity complies with the provisions of this code.

(2) Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this code.

(1) Any nonconformity that was legally established and that existed at the time this amendment became effective shall continue to be a legal nonconformity under this code as long as the situation that resulted in the nonconforming status under the previous code continues to exist. Chapter 1125: Nonconformities shall control all such nonconformities.

(2) If a legally established nonconformity that existed at the time this amendment became effective becomes conforming because of the adoption of this amendment, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to nonconformities.

(3) Any nonconformity that was not legally established in accordance with the provisions of this code shall not be protected and is considered a violation of this code.

(d) Processing of Applications Commenced or Approved Under Previous Regulations

(1) Pending Projects.

A. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this code, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the Village.

B. If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of this code, the application shall expire, and subsequent applications shall be subject to the requirements of this code.

C. Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

D. An applicant with a pending application may waive the applicable review available under prior regulations and request review under the provisions of this code by requesting such waiver, in writing, to the Village Administrator.

(2) Approved Projects.

A. Approved planned unit developments, site plans, variances, conditional uses, building permits, or other approved plans or permits that are valid on the effective date of this code shall remain valid until their expiration date, where applicable.

B. Any building or development for which a permit or certificate was granted prior to the effective date of this code shall be permitted to proceed to construction, even if such building or development does not conform to the provisions of this code, as long as the permit or certificate remains valid.

C. If the development for which the permit or certificate is issued prior to the effective date of this code fails to comply with the time frames for development established for the permit or certificate, the permit or certificate shall expire, and future development shall be subject to the requirements of this code.

(e) Vested Rights. The transitional rule provisions of this section are subject to Ohio's vested rights laws. (Ord. 2879. Passed 10-23-23.)

1101.13 RESTORATION OF UNSAFE BUILDINGS.

Nothing in this code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared unsafe by an official charged with protecting the public safety upon order of such official.

(Ord. 2879. Passed 10-23-23.)

1101.14 USE OF GRAPHICS, TABLES, ILLUSTRATIONS, FIGURES, AND CROSS-REFERENCES.

(a) Graphics, illustrations, and figures are provided for illustrative purposes only and shall not be construed as regulations. The text shall control where a conflict may occur between the text and any graphic, illustration, or figure.

(b) In some instances, cross-references are provided between chapters, sections, and subsections that include the number and name of the referenced chapter, section, or subsection. The name shall control where a conflict may occur between the given cross-reference number and name.

(c) A table shall be considered text for the purposes of this code unless specifically identified as a figure. (Ord. 2879. Passed 10-23-23.)

1101.15 BURDEN OF PROOF.

(a) The burden of demonstrating that an application, development, structure, or use of land or structures subject to this code complies with applicable review and approval standards is the responsibility of the applicant.

(b) Such burden of proof shall also apply to demonstrating that the nonconformity was established legally under a previous amendment of this code.

(c) The burden of proof is not the responsibility of the Village or other parties to demonstrate that the standards have been met by the applicant or person responsible for the application, development, use of land or structure, or nonconformity with this code.