Strongsville City Zoning Code
CHAPTER 1242
Administration, Enforcement and Penalty
1242.01 INTENT.
Administrative procedures for administering, interpreting and enforcing this Zoning Code are herein established in order to achieve, among others, the following purposes:
(a) To provide for the review of an application for a building permit;
(b) To provide for the inclusion of necessary facilities, services and other uncommon uses through conditional use permits;
(c) To provide for the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;
(d) To assure that in the construction of new buildings, alterations or change of use, all required provisions have been complied with by requiring a certificate before occupancy;
(e) To provide for the enforcement of this Zoning Code through measures where there is noncompliance and for the keeping of records of actions in regard to the enforcement of this Code; and
(f) To provide supplementary administrative procedures in conformity with the objectives of the Comprehensive Plan and this Zoning Code.
In administering this Code, the provisions shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in the preamble to each chapter.
The relationship of this Code to other laws, rules and regulations and the relationship if two or more specific provisions of this Code apply to the same subject are set forth in Section 1240.03.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.02 GENERAL PROCEDURES.
(a) Administration. The administration of this Zoning Code is vested in the following officials, commissions and boards of the City of Strongsville:
(1) Planning Commission;
(2) Building Commissioner; and
(3) Board of Zoning Appeals.
(b) Compliance. Compliance with the provisions of this Code shall be obtained by:
(1) Applying for and the issuance of a building permit, including the following, if applicable:
A. Application for a conditional use permit;
B. Application for determination of similar use;
C. Application and approval of a development plan; and
D. Appeals for an interpretation or a request for a variance.
(2) Application for a certificate of occupancy issued upon completion of the building or the land improvement.
(c) Enforcement. Enforcement of the provisions of this Zoning Code shall be obtained by inspection and order for removal of violations. Failure to comply with such order shall constitute an offense which may be followed with civil action.
(Ord. 1978- 165. Passed 10-16-78.)
(Ord. 1978- 165. Passed 10-16-78.)
1242.03 BUILDING PERMIT REQUIRED.
Excavations for buildings or site improvements shall not be started, and buildings or structures, or parts thereof, shall not be erected, altered or moved, until a building permit has been applied for and issued by the Building Commissioner.
(a) Approval of Development Plans. Whenever such a plan has been submitted by the developer as required by this Zoning Code, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission and, in the case of a Planned Development Area, by Council, before a building permit may be issued by the Building Commissioner.
(b) Compliance With Zoning Regulations. Permits for the construction of a building or land improvement not requiring a development plan, or for a change in use, may be issued by the Building Commissioner only if the work described in an application clearly complies with all provisions of this Zoning and other codes of the City. If the proposed building or use does not clearly comply, the Building Commissioner shall refer the matter to the Planning Commission for final determination.
(c) Conditional Use Permit. Whenever a determination for a conditional use is required, a building permit for the building or use requiring a conditional use permit shall not be issued until such permit has been applied for and issued by the Planning Commission.
(d) Determination of Similar Use. Whenever a determination for a similar use is required, a building permit for the building or use shall not be issued until the inclusion of such use as a permitted use has been made by the Planning Commission and confirmed by Council.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.04 WITHHOLDING PERMITS.
(a) Amendment Pending. No building permit or certificate of occupancy shall be issued during the period in which an amendment which would affect the building or use applied for has been recommended by the Planning Commission or introduced by Council. However, an application for a permit or certificate shall not be withheld for more than ninety days after the application was officially submitted.
(b) Nonconforming Lot. No building permit shall be issued for a one or two-family building unless the residential lot shall abut upon a public street; the utilities, pavement and all other required improvements have been constructed, or their construction guaranteed; the lot is located in a duly recorded subdivision or approved by the Planning Commission with no plat required.
(Ord. 2012-085. Passed 9-17-12.)
1242.05 REQUIRED DRAWINGS.
In addition to drawings required by the provisions of the Building Code, application for a building permit shall be accompanied by:
(a) Plat. A plat showing dimensions of the lot to be developed, lot number, a topographic survey or adequate topographic data, and evidence that the lot has been surveyed and certified by a registered surveyor or engineer;
(b) Site Plan. A site plan, prepared by a registered architect or engineer, drawn to scale, showing the location of proposed and existing buildings, driveway and parking areas, proposed finished grades and the location and use of buildings on adjoining lots within distances specified in other sections of this Zoning Code. For residential developments the size and location of a garage shall be shown.
(c) Other Drawings. Such other drawings and information as may be required by the provisions of Chapter 1252 - Residential Districts; Chapter 1253
- Single-Family Detached and Cluster Development; Chapter 1254 Senior Residence Districts; Chapter 1256 - Public Facilities Districts; Chapter 1258 - Business Districts; Chapter 1260 - Office Building Districts; Chapter 1262 - Research-Development, Commercial Service, General Industrial and Aviation Field Districts; Chapter 1264 - Planned Recreation Development Areas (PRDA Districts); Chapters 1266 and 1268 - Planned Development Areas (PDA Districts); Chapter 1270 - Off-Street Parking and Loading; and Chapter 1272 - Signs.
(Ord. 2012-085. Passed 9-17-12.)
(Ord. 2012-085. Passed 9-17-12.)
1242.06 APPLICATIONS FOR PERMITS.
(a) Application. Application for building permits and accompanying drawings shall be submitted to the Building Commissioner. After processing the same, as to general conformity to the Building Code, he shall submit to the Planning Commission those applications which require its approval, and to the Board of Zoning Appeals those applications that require an interpretation required by such Board.
(b) Approval. The Building Commissioner, having received reports of approval from Council, the Planning Commission and the Board, as may be applicable, and finding that the drawings, specifications and all documents comply with this Zoning Code and other relevant codes of the City, may issue, upon payment of required fees, a building permit.
(c) Disapproval. If Council, the Planning Commission, the Board or the Building Commissioner does not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this Zoning Code. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.
(d) Revision and Lapse of Approval. The application may be revised by the developer and resubmitted through the same procedure required for the original application.
Failure to secure a building permit for all or a portion of the development covered in an approved application within one year after the application is approved shall make null and void such approval unless an extension of time is granted by the Planning Commission.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.07 CONDITIONAL USE PERMITS.
Conditional use permits shall be required for certain types of main uses as defined in Sections 1250.02 and 1240.08(c)(18)D. Such use may be permitted and desirable in certain districts but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
Enumerated throughout this Zoning Code are certain uses and the districts in which conditional uses may be permitted, provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.
(a) Application. The application for such permits received from the proponent shall be submitted by the Building Commissioner to the Planning Commission. The Commission shall hold a hearing thereon, notice of which may be published in a newspaper of general circulation, or mailed to the owners of property contiguous to and across the street from the parcel for which a conditional use permit is requested, at least fifteen days before the hearing. The Commission shall take action upon such application within sixty days from the date of receiving such application. Failure to act within such period shall be deemed approval.
(b) Standards for Evaluating Conditional Use Permits. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
(1) Residential Districts.
A. The proposed use is properly located in relation to any adopted land use or street plan, particularly to the collector and local street systems and pedestrian circulation.
B. When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood.
C. The proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right.
D. The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding Residential District.
E. For temporary structures every conditional use permit shall be re viewed every six months and may be renewed only while the construction operations are pursued diligently.
(2) Business, Research, Service and Industrial Districts.
A. The proposed use is necessary to serve the community needs, and existing similar facilities located in a less restrictive or more remote district in which the use may be permitted by right are inadequate.
B. The proposed use is not closer than appropriate in the particular situation to schools, churches and other places of assembly.
C. The location, extent and intensity of the proposed use shall be such that its operation will not be objectionable to nearby dwellings by reason of greater noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district.
D. The proposed use will form a harmonious part of the Business, Research, Service and Industrial District, taking into account, among others, convenience of access to and relationship of the proposed use to other permitted uses in the district;
E. The proposed use will be permitted in the proposed district rather than one in which it is permitted by right, because the applicant has demonstrated in its application to the Planning Commission that the proposed use is of only such limited nature and extent as is required to serve the needs of the district, or, when determined applicable by the Planning Commission, the needs of the community; and
F. The hours of operation and concentration of vehicles in connection with proposed use will not be more hazardous or dangerous than the normal traffic of the district.
(3) Game room and amusement arcade standards. In addition to complying with the above general standards, in the use of all or part of a structure for a game room or amusement arcade, the location and arrangement of amusement devices shall comply with the following specific standards:
A. As a part of the application for a conditional use permit, the ap plicant shall submit a floor plan, drawn to scale, showing the size, location and arrangement of each mechanical amusement device. For the purposes of this subsection, depth is measured perpendicular to any player or user side of an amusement device, and width is measured perpendicular to any non-player side of the device.
B. Non-tabletop devices. In addition to the actual floor plan dimensions of the device, an open area of five feet in depth shall be provided on any player side and an open area of three feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
C. Tabletop devices.
1. Designed to be played in a seated position: In addition to the actual floor plan dimensions of the device, an open area of four feet in depth shall be provided on any player side, and an open area of three feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
2. Designed to be played in a standing position, e.g. billiard tables, air hockey tables, shuffleboard tables, bowling machines: In addition to the actual floor plan dimensions of the device, an open area of six feet in depth shall be provided on any player side of the device, and an open area of four feet in width shall be provided on any non-player side, except where such non-player side is positioned adjacent to a structural wall.
D. The area and location requirements shall be met exclusive of any aisleways, corridors, passageways, or other circulation patterns necessary or required for applicant’s business by the laws of the City or the State. The actual installation shall be in conformity with the plans submitted as the basis for issuance of the conditional use permit.
(4) Brewpub or Microbrewery. For purposes of these regulations, a brewpub or microbrewery shall be defined as an establishment which produces alcoholic beverages, including beers, ales, meads, hard ciders, wines and spirits, where a substantial portion of said product is sold for consumption off-site, and which contains restaurant facilities for the onsite consumption of food and beverages. In addition to complying with the applicable requirements and standards in Section 1242.07, each brewpub or microbrewery shall comply with the following specific standards and conditions:
A. Each brewpub or microbrewery shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and shall maintain current licenses as required by said agency.
B. Each brewpub or microbrewery shall include an attached restaurant for on-site consumption of food and beverages which restaurant shall be a minimum of fifteen percent (15%) of the total square footage of the entire facility, including but not limited to the manufacturing, bottling and storage areas.
C. The maximum size of any brewpub or microbrewery shall not exceed 60,000 square feet.
D. Each brewpub or microbrewery shall have direct access to an arterial street for delivery of materials and shipping of products, unless part of a Regional Shopping Center, with a traffic design to be approved by the Planning Commission.
E. Brewpubs or microbreweries shall have retail outlets for the sale of alcoholic beverages for off-site consumption or on-site consumption as part of a restaurant or bar.
F. No brewpub or microbrewery shall abut property zoned residential as set out in Section 1252.02 except RMF-1 districts or as part of a Regional Shopping Center.
G. Each brewpub or microbrewery shall be architecturally compatible with the surrounding commercial uses.
H. The minimum lot area for any brewpub or microbrewery shall be six (6) acres unless part of a Regional Shopping Center.
I. The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
J. The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.
(5) Sale of Religious Materials. In addition to complying with the requirements and standards in paragraphs (a) and (b)(1) of Section 1242.07, the sale of religious materials as an accessory use to a main use of land for church or other religious facility purposes shall comply with the following standards and requirements:
A. The accessory use of the sale of religious materials shall be conducted by or under the direction and control of the religious institution or organization occupying the main use on the zoning lot.
B. The materials offered for sale shall be substantially related to the furtherance and advancement of the worship or other religious purposes of the religious institution or organization occupying the main use on the zoning lot.
C. Such accessory use shall be conducted within the main building or an accessory building which has been approved by the Planning Commission.
D. The building area designated for such accessory use shall in no event exceed 2,500 square feet.
F. The main use and all accessory uses shall meet the requirements and standards of Chapter 1256 of the Zoning Code.
(6) Wireless Telecommunication Facilities. In addition to complying with the standards in paragraphs (B)(1) and (2), the use of land for a wireless telecommunication facility shall comply with the procedures, standards and requirements set forth in C.O. Chapter 1273.
(7) Crematories. In addition to complying with the requirements and standards in Codified Ordinance Sections 1242.07(b)(2) and b(11), the Planning Commission shall consider the following standards and requirements in determining whether crematories should be permitted and if so, the scope of such crematories and the safeguards required by the Planning Commission. The following terms shall have the meanings as set forth herein:
A. "Mortuaries" (Funeral Home) means a place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals.
B. "Funeral Director" means a person who engages, in whole or in part, in funeral directing and who is licensed by the State of Ohio (ORC Chapter 4717: Embalmers, Funeral Directors, Crematories).
C. "Crematory Facility" means the physical location at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incineration facility or a solid waste incineration facility.
D. "Crematory" means the building or portion of a building that houses the holding facility and the cremation chamber.
E. "Cremation" means the technical process of using heat and flame to reduce human remains to bone fragments or ashes or any combination thereof. "Cremation" includes processing and may include the pulverization of bone fragments.
F. "Cremation Chamber" means the enclosed space within which cremation takes place.
G. "Cremated Remains" means all human remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work, or eyeglasses that were cremated with the human remains.
H. "Operator of a Crematory Facility" means the sole proprietorship, partnership, corporation, limited liability company, or other business entity responsible for the overall operation of a crematory facility.
I. "Pulverization" means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process.
J. "Board of Embalmers and Funeral Directors" means the Board appointed by the Governor whose duties include the transaction of the business, and management of the affairs of the Board of Embalmers and Funeral Directors and Crematory Review Board; and, the administration and enforcement of ORC Chapter 4717. The Board is also responsible for the licensing of: embalmers; funeral directors; the operation of funeral homes; the operation of embalming; and the licensing and operation of crematory facilities.
1. A crematory facility shall be operated as an Accessory Use at the location of a licensed funeral home and only by a licensed funeral director.
2. A crematory shall be operated for the performance of cremation and pulverization of dead human bodies and human body parts. The cremation of animals shall not be permitted.
3. A crematory facility shall be adequately equipped and maintained in a clean and sanitary manner. The crematory shall contain only the articles, facilities, and instruments necessary for carrying out the business of the crematory. The crematory shall contain a separate area for the performance of cremation and pulverization, including a refrigerated body holding area.
4. The scattering of cremated remains of dead human bodies or body parts at the funeral home site shall not be permitted.
5. All required air quality emission permits including, but not limited to particulate matter and carbon monoxide emissions must be obtained and kept in good standing by the funeral home/crematory facility from the Cleveland Division of Air Quality.
6. Crematories must meet all applicable requirements of the Ohio Building Code (OBC).
7. Emission stacks shall be sensitively located and treated in a manner so as to be compatible with the funeral home's architectural design.
8. Landscape screening of the funeral home/crematory facility from adjacent properties may be required, where appropriate.
9. (Funeral Home/Crematory) Building and site landscape improvement plans must be reviewed and approved by the Architectural Review Board.
10. A crematory shall be designed, constructed and maintained so as not to cause or become a nuisance by way of particulate matter, offensive smells, noise, smoke, or any other reason.
11. A crematory building shall be set back a minimum distance of 150 feet from any residential lot line.
(8) Outdoor Dining. In addition to complying with the requirements and standards in Codified Ordinance Section 1242.07(b)(2), the Planning Commission shall consider the following standards and requirements in determining whether an outdoor dining area should be permitted and if so, the scope of such outdoor dining area, and the safeguards required by the Planning Commission:
A. The location of the requested area in relation to residential uses or other uses that may be adversely affected by the outdoor dining area;
B. The hours of operation;
C. The use of outside speakers for music, announcements, or paging;
D. The safety of the outside dining area customers in relation to pedestrian and vehicular traffic;
E. The outdoor playing of music, dancing, or use of alcoholic beverages;
F. The location of the outdoor eating area in regard to the location of doors and exits in the event of a fire or other calamity;
G. The use of fencing, bollards, planters and/or other structures to protect the customers;
H. The effect of the outdoor dining area on the required parking spaces or traffic patterns; and
I. Compliance with all ADA, building code, and fire code requirements.
(9) Propane canister sale and/or exchange. In addition to complying with the above standards and as provided in Chapter 1258 (General Business District), Chapter 1258 (Motorist Service District), and Chapter 1262 (General Industrial District), the Planning Commission shall consider the following standards and requirements in determining whether the outdoor sale or exchange of propane canisters shall be permitted, and if so, the scope of such use and the safeguards required by the Planning Commission:
A. The location of the outdoor propane sales/exchange area shall be fixed, and shall not adversely impact the safety of customers as related to pedestrian and vehicular circulation.
B. The outdoor propane area shall not obstruct egress at doors and exits in the event of fire or other calamity.
C. Fencing, caging, bollards and/or other structures shall be used to protect the storage area.
D. The design and color of outdoor propane storage areas shall be sensitive to building architecture and the location of the storage area.
E. The individual canister size shall not exceed twenty (20) pounds in volume, except in areas zoned General Industrial.
F. The total storage area shall not exceed the volumes set out in the Ohio Fire Code.
G. Tanks may be exchanged, but not filled at the site except in areas zoned General Industrial.
H. All tanks being stored must be undamaged, undented, not rusted, and in good condition.
I. There must be full compliance with all applicable Building Code and Fire Code requirements.
J. An annual permit must be obtained from the Fire Marshal.
(10) Pawn Shops, Paraphernalia Stores, Vape Shops, Vaporizer Stores, Hookah Lounges, Smoke Lounges and Vapor Lounges. In addition to complying with all other requirements of this Zoning Code, these uses shall comply with the following requirements and standards:
A. No such use shall be established or operated within 500 feet of a school.
B. No such use shall be established or operated within 500 feet of an existing use of the same specific type.
C. No such use shall be operated or open for business between the hours of 12:00 midnight and 8:00 a.m.
(11) Regional Shopping Centers.
A. Hotels
1. Parking for hotels shall be provided in conformance with Section 1270.05(c)(2).
2. Each hotel may be required to provide underground parking or a parking garage for a portion of the required parking as determined by the Planning Commission.
3. Each hotel shall have a minimum of a three (3) star rating as defined by widely recognized travel services such as Trip Advisor.
4. The architectural treatment of each hotel building shall be primarily finished masonry and designed to complement and be harmonious with the established architectural character of the Regional Shopping Center as determined by the Architectural Review Board and Planning Commission.
B. Fitness Centers, Sports Facilities and Exercise Facilities
1. Parking shall be included as part of the parking calculation for the entire center pursuant to Section 1270.05(c)(2).
C. Medical Facilities
1. Medical Facilities may include clinics and urgent care facilities licensed by the State of Ohio, but shall not include facilities with patient beds for overnight stays or care. However, a limited number of patient beds may be permitted if authorized under a Conditional Use Permit for the purpose of permitting short-term stays necessitated by emergencies or other unusual circumstances.
2. Parking for medical facilities shall be provided at a rate of one (1) space for each 250 square feet of gross floor area.
D. Outdoor Playing Fields and Training Areas.
1. Shall be accessory to a principally permitted use.
2. Shall be fenced and/or screened in a manner approved by the Planning Commission.
(12) Safeguards and conditions. In addition to complying with the above general standards set forth in this section, conditions appropriate to each particular application may also be set forth in the permit.
(13) Approval. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a six-month period after date of approval.
(Ord. 2024-136. Passed 11-18-24.)
1242.08 DETERMINATION OF SIMILAR USES.
The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by Council in compliance with the following standards:
(a) Such use is not listed in any other classification of permitted buildings or uses;
(b) Such use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;
(c) Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
(d) Such use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
(Res. 2016-197. Passed 11-21-16.)
1242.09 CERTIFICATE OF OCCUPANCY.
(a) Application and Use. A certificate of occupancy shall be applied for by the owner or his agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy and/or uses of a building and land as follows:
(1) Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved, changed in use or increased in off-street parking requirements. Such certificate shall only be issued after the erection or alteration of such building, or a component thereof, or after a required accessory use has been completed and found by inspection to be in conformity with the provisions of this Zoning Code and the Building Code.
(2) Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming building or land where the use has been changed, provided the use is different than the prior use, and shall be issued, when found by inspection to be in conformity with provisions of this Zoning Code.
(3) Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming building or land is changed, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Chapter 1274.
(4) Temporary certificate of occupancy. Pending the issuance of a regular certificate, a temporary certificate may be issued by the Building Commissioner to be valid for a period not to exceed six months from its date provided that the Building Commissioner finds and determines that all of the following conditions exist:
A. All parts of buildings or structures to be temporarily occupied for any purpose are completed and found by inspection to be in compliance with this Zoning Code and the Building Code; and
B. The conditions and circumstances created by the incompleted work are not and will not be a nuisance, or a threat to the health or safety of the person or property of the occupants or others; and
C. The owner has deposited with the city cash in an amount estimated by the city Engineer and Building Commissioner to be equal to the actual cost of completing the improvements in accordance with plans and specifications and in compliance with this Zoning Code and the Building Code; and
D. Full completion of all work with respect to the site and buildings and structures thereon is being diligently prosecuted in conformance with the plans, data and information submitted.
If the Building Commissioner determines any of the requirements of subsection (a)(4) hereof cease to exist, he may terminate the temporary occupancy certificate upon ten days written notice to the owner.
(b) Record of Existing Building and Land Use. Upon application by the owner, or his agent, the Building Commissioner shall inspect a building or tract of land existing on the effective date of this Zoning Code and shall issue a certificate of occupancy therefor, certifying:
(1) The present use of the building or land;
(2) If such use conforms to all the provisions of this Code; and
(3) If it is a lawfully existing nonconforming use.
(c) Application for Certificate.
(1) Applications for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building and all such information as may be included on a form to be furnished by the city.
(2) A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 1981-40. Passed 7-6-81.)
(Ord. 1981-40. Passed 7-6-81.)
1242.10 ENFORCEMENT.
(a) Authority of Building Commissioner. The duty of administering and enforcing this Zoning Code is hereby conferred upon the Building Commissioner. The Building Commissioner may promulgate such rules and regulations as he determines necessary to supplement the administration of this Zoning Code. After certification by Council, such rules and regulations shall have the same force and effect as the provisions of this Zoning Code.
(b) Right of Entry; Order for Removal of Violation. The Building Commissioner is hereby authorized to enter any premises at a reasonable time to inspect a reported violation of this Zoning Code, to examine such premises and to order, in writing, the remedying of any condition found to exist in violation of this Zoning Code. After such order is served or posted on the premises, no work, except to correct such violation in compliance with such order, shall proceed on any building or tract of land until such violation is corrected.
(c) Records. The Building Commissioner shall keep, or cause to be kept, a record of his department in regard to any decision, determination or conclusion reached by him in connection with the enforcement of this Zoning Code. Such record shall be open to public inspection during regular business hours.
(Ord. 1985-18. Passed 6-3-85.)
(Ord. 1985-18. Passed 6-3-85.)
1242.11 INJUNCTION.
No person shall erect, construct, alter, repair or maintain any building or structure, or use any land, in violation of this Zoning Code or the regulations enacted pursuant thereto. In the event of any such violation, or imminent threat thereof, upon the request of the Mayor or Council, the Law Director, on behalf of the Municipality, shall institute a suit for injunction to prevent or terminate such violation.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.12 VIOLATION OF REGULATIONS.
Whoever willfully violates any rule or regulation adopted by Council or the Planning Commission shall forfeit and pay not less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered with costs in a civil action brought by the Law Director in the name of the City for the use thereof. Each day such violation continues shall constitute a separate forfeiture.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.13 TRANSFER OF COMMON LAND PROHIBITED.
When common land, a street, recreation area, park or other open land has been set aside, with the approval of the Planning Commission, for the exclusive use, in common by abutting or other owners or occupants of land, the sale, transfer or change of use of such land or any part thereof is prohibited, unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of Council. Whoever willfully violates this section shall forfeit and pay to the City not more than five hundred dollars ($500.00) as determined by Council. Such sum shall be recovered, with costs, in an action brought by the Law Director in the name of the City and for the use thereof.
(Ord. 1978-165. Passed 10-16-78.)
(Ord. 1978-165. Passed 10-16-78.)
1242.14 CULTIVATION, PROCESSING, OR RETAIL DISPENSING OF MEDICAL MARIJUANA PROHIBITED IN ALL DISTRICTS.
(a) The cultivation, processing, or retail dispensing of medical marijuana shall be a prohibited use in all zoning districts within the City of Strongsville.
(b) Nothing in this Section shall be deemed to prohibit or limit research related to marijuana conducted at a state university, academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity.
(c) Use of property in violation of Section 1242.14(a) has been determined to be and shall constitute a nuisance per se.
(d) In addition to other penalties provided by law, including but not limited to those set out in this Chapter, the Law Department shall be authorized to institute civil proceedings in a court of competent jurisdiction to enjoin violations of this Section; for monetary damages arising from violations of this Section; and to take all actions necessary to secure enforcement of any injunction and collect upon any damage award, judgment, or fine in contempt levied in relation to a violation of this Section.
(Ord. 2017-139. Passed 11-6-17.)
(Ord. 2017-139. Passed 11-6-17.)
1242.99 PENALTY.
Whoever shall:
(a) Use or occupy any land or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or permit any building or structure to remain on such land or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code; or
(b) Aid, assist or participate with any person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code; or
(c) Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code, or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated; or
(d) Refuse to permit the Building Commissioner or his assistant to enter any premises in the Municipality to investigate a reported violation of the provisions of this Zoning Code; or
(e) Knowingly make any materially false statement of fact in an application to the Building Commissioner or his assistants for a permit or in any plans or specifications submitted in relation to any application under this Zoning Code; or
(f) Being an owner or lessee of any premises, knowingly suffer or permit a violation of this Zoning Code to occur or exist on such premises;
shall be guilty of a minor misdemeanor by each such action or omission and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) for each offense. Each day during which such act, violation or omission shall be done, committed, omitted or continued, shall constitute a separate offense.
(Ord. 1981-72. Passed 9-8-81.)
(Ord. 1981-72. Passed 9-8-81.)