(a)   There is hereby established a comprehensive zoning plan for the City, which plan is set forth in the sections and maps that constitute this Zoning Code. The plan is adopted for the protection and promotion of the public health, safety, convenience, comfort, prosperity and the general welfare, having in mind, among other things, the fact that the City is essentially a residential community of relatively small total area, that it is not crossed by any railroad or State or Federal highway, that it is a part of a large metropolitan area which affords to the population of University Heights opportunity for employment and for conveniently obtaining commercial and industrial services, and that the City is important to this metropolitan area as a residential community.

   (b)   The more particular purposes of this comprehensive zoning plan are to guide the future development of the City in accordance with a comprehensive plan for the most beneficial land use and population density; to promote the social and economic stability of neighborhoods; to protect and conserve land and building values; minimize conflicts in the uses of neighboring property and bring about gradual conformity to the comprehensive plan; to reduce or avoid the need for general traffic flow on local residential streets, especially truck traffic; to insure adequate open space between buildings, especially for residential occupancy; to provide a guide for public policy and action in the economical provision of public facilities and services and for related public needs, and a guide for private enterprise in building development, investment and other economic activity relating to the uses of land and buildings.

   (c)   For the accomplishment of these purposes, the City is divided into appropriate districts, and within each district land, buildings and structures are regulated as to uses for trade, industry, residence and other purposes, as to height, number of stories and size of buildings and structures, setback building lines, area of yards and other open spaces, and proportion of lot that may be occupied, and as to density of population.

(1982 Code, § 1103.01) (Ord. 56-53. Passed 10-1-1956.)

   Ordinance 56-53, as amended, shall be known and may be cited as the Zoning Code of the City of University Heights, Ohio.

(1982 Code, § 1103.02) (Ord. 56-53. Passed 10-1-1956.)

   No building or structure shall be erected, reconstructed, structurally altered, enlarged or moved unless a building permit therefor shall first have been obtained from the Building Commissioner.

(1982 Code, § 1103.03) (Ord. 56-53. Passed 10-1-1956.)

   (a)   Activities Requiring Certificate. A certificate of occupancy shall be obtained from the Building Commissioner for any of the following:

      (1)   Occupancy and use of a building hereafter erected or structurally altered.

      (2)   Changes in use of an existing building to a use of a different district classification under this Zoning Code.

      (3)   Occupancy of vacant land or change in use of land.

      (4)   Any change in the use of a nonconforming use.

   No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the Building Commissioner. No excavation for any building shall be begun before application has been made for a certificate of occupancy for such building. Whenever there is a change in occupancy of a building used for commercial purposes a new certificate of occupancy shall be required, whether the occupant is the owner or a tenant. The fee for such certificate shall be $10.00.

(Ord. 56-53. Passed 10-1-56; Ord 80-53. Passed 7-7-1980.)

   (b)   Special Permit When Occupants are Unrelated. A special permit may be issued upon compliance with Section 1240.10(d) only in residential use districts Chapter 1250 (single family) or Chapter 1250 (two family) or Chapter 1256 (multiple family).

(1982 Code, § 1103.04) (Ord. 93-27. Passed 6-7-1993.)

   (a)   Written application for a certificate of occupancy for a new building, or for an existing building to be altered, shall be made at the same time as the application for the building permit, and shall be issued upon written request for same when the building or part thereof has been completed in conformity with the provisions of this Zoning Code.

   (b)   A certificate of occupancy shall remain in effect as long as the use of such building or land is in full conformity with the provisions of this Zoning Code and with any conditions upon which such certificate was issued. Upon the service of notice of any violation of such provisions or conditions, the certificate of occupancy shall become null and void, and a new certificate of occupancy shall be required for any further use of such building or land.

(1982 Code, § 1103.05) (Ord. 56-53. Passed 10-1-1956.)

   (a)   On written request by the owner, the Building Commissioner shall issue a certificate of occupancy for any use of a building or of land existing at the time of the adoption (October 1, 1956) of this Zoning Code, certifying, after inspection and investigation, the extent and kind of such use and whether the same conforms to the provisions of this Zoning Code with respect to the district in which it is located, or is a nonconforming use.

   (b)   A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner and copies shall be furnished on request to the Planning Commission and to any person having a proprietary or tenancy interest in the building or land affected.

(1982 Code, § 1103.06) (Ord. 56-53. Passed 10-1-1956.)

   Every application for a building permit or certificate of occupancy shall contain or be accompanied by such information as the City Planning Commission, shall by resolution, determine to be necessary for the enforcement of the provisions of this Zoning Code. Such required information may include drawings and sketches when deemed appropriate.

(1982 Code, § 1103.07) (Ord. 56-53. Passed 10-1-1956.)

   No department, board, official or public employee of the City who is vested with the duty or authority to issue permits, certificates or licenses for any building, purpose or use shall issue same if such building, purpose or use would be in conflict with the provisions of this Zoning Code, and if so issued, shall be null and void without the necessity of any proceedings or revocation, and any work undertaken or use established pursuant to any such authorization shall be unlawful. No action shall be taken by any board, agency, officer or employee of the City purporting to validate any such violation.

(1982 Code, § 1103.08) (Ord. 56-53. Passed 10-1-1956.)

   The Building Commissioner shall issue no building permit or certificate of occupancy for any building, structure, use or change of use during the period in which an ordinance or other measure, which would forbid the action authorized under such permit, is pending before Council or has been formally recommended to Council by the City Planning Commission or is subject to referendum or referendum is pending thereon. However, no permit shall be withheld for more than 90 days after application therefor, due to such ordinance or measure still pending before but not yet passed by Council at the end of such 90-day period.

(1982 Code, § 1103.09) (Ord. 56-53. Passed 10-1-1956.)

   It shall be the duty of the Building Commissioner to enforce the provisions of this Zoning Code. He or she shall maintain files of all applications for building permits and certificates of occupancy issued by him or her, which files and records shall be open to public inspection. He or she shall report to Council periodically, at intervals not greater than three months, summarizing for the period since his or her last previous report all building permits and certificates of occupancy issued by him or her and all complaints of violations and the action taken by him or her consequent thereon. A copy of each such report shall be filed with the City Planning Commission at the same time it is filed with Council.

(1982 Code, § 1103.10) (Ord. 56-53. Passed 10-1-1956.)

   (a)   In accordance with applicable provisions of the Ohio Revised Code, Council may amend the text or map of this Zoning Code on its own motion, on petition of property owners or on recommendation of the Planning Commission. Except any amendment offered to Council by the Planning Commission, no amendment shall be passed unless it shall first have been submitted to the Planning Commission for study and report and the Commission has been allowed a reasonable time, not less than 30 days, to report its findings. No amendment which differs from the plan or report submitted by the Planning Commission shall be adopted by Council except by the affirmative vote of not less than two-thirds of all its members.

   (b)   When an amendment to this Zoning Code changing the zoning becomes effective, it shall be the duty of the City Engineer to cause such change to be entered on the Building Zone Map on file in the office of the Clerk of Council.

(1982 Code, § 1103.11) (Ord. 56-53. Passed 10-1-1956.)

   In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically provided herein, it is not intended by this Zoning Code to repeal, abrogate or annul any existing provisions of law or ordinances or any rules or regulations previously adopted and issued pursuant to law relating to the construction and use of buildings and premises, nor any permit, license, certificate or other authorization previously issued; nor is it intended by this Zoning Code to interfere with, abrogate or annul any private easements, covenants, agreements or restrictions. However, where this Zoning Code imposes greater restrictions upon size or location of buildings or use of premises or requires larger lots, yards or other open spaces than are otherwise required or imposed, the provisions of this Zoning Code shall control.

(1982 Code, § 1103.12) (Ord. 56-53. Passed 10-1-1956.)

   If any section, division, sentence, clause, phrase or other part of this Zoning Code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Zoning Code. Council hereby declares that it would have passed this Zoning Code and each section, division, sentence, clause, phrase and other part thereof, irrespective of the fact that any one or more sections, division, sentences, clauses, phrases or other parts be declared invalid.

(1982 Code, § 1103.13) (Ord. 56-53. Passed 10-1-1956.)

   (a)   No building or structure shall be wholly or partially demolished unless the Building Commissioner has issued a demolition permit in accordance with these regulations. All demolition shall comply with applicable requirements of the Ohio Building Code.

   (b)   A property owner proposing to demolish all or a portion of a building or structure shall complete a demolition permit application, available from the Building Commissioner. No demolition permit shall be issued unless one or more of the following requirements are met:

      (1)   The structure or building to be demolished is accessory to a permitted principal use.

      (2)   A building permit has been issued for a replacement building on the same parcel.

      (3)   A development plan has been approved by Planning Commission and City Council for a replacement building on the same parcel.

      (4)   The City Council determines that the structure or building is a safety hazard or public nuisance.

   (c)   Any permit application for demolition of a residential structure must first be referred to Planning Commission for recommendation, and subsequently ruled upon by Council; provided, however, that the Building Commissioner may, as an initial matter, issue a denial of a permit for demolition of a residential structure, and any such denial may be appealed to Council. In any case, with respect to any residential structure, no demolition permit shall be issued without prior review and approval by City Council.

(Ord. 2003-20. Passed 4-21-03; Ord. 2017-51. Passed 1-2-2018.)

   (a)   Except as otherwise provided in this Zoning Code, any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Zoning Code or permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves or uses any building or land in violation of any detailed statement or plan submitted by him or her and approved under the provisions of this Zoning Code, shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense. Such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Code is committed, continued or permitted by such person, and shall be punishable therefor as provided herein.

   (b)   Any building erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of this Zoning Code, and any use of any land or building which is conducted, operated or maintained contrary to any of the provisions of this Zoning Code shall be unlawful.

   (c)   The Building Commissioner, upon becoming aware of any violation of any of the provisions of this Zoning Code, shall serve notice of such violation on the person committing or permitting the same, and if such violation has not ceased within such reasonable time as the Building Commissioner may specify, he or she shall present the facts in the case to the Director of Law of the City.

   (d)   The Director of Law shall immediately, upon a violation of this Zoning Code having been called to his or her attention, institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful construction, reconstruction, alteration, conversion, maintenance or use. Such action may also be instituted by any property owner who may be damaged by any violation of this Zoning Code.

(Ord. 2002-24. Passed 8-12-2002.)