University Heights City Zoning Code
CHAPTER 1280
Supplementary Regulations
1280.01 GENERAL PROVISIONS.
The following regulations shall apply so as to modify and supplement the regulations contained in Chapter 1250 et seq., of this Zoning Code, to the extent specified in this chapter.
(1982 Code, § 1125.01) (Ord. 56-53. Passed 10-1-1956.)
1280.02 HEIGHT LIMITATIONS.
The height limitations of this Zoning Code shall not apply to chimneys, church spires, flag poles, monuments, radio or television antennae or towers, transmission towers and cables or water tanks, and shall not apply so as to limit to less than 75 feet the height of towers, water tanks, elevator bulkheads and other mechanical appurtenances when erected upon and as an integral part of a building and not used for any living, housekeeping or commercial purposes other than such as may be incidental to the permitted uses of the main building.
(1982 Code, § 1125.02) (Ord. 56-53. Passed 10-1-1956.)
1280.03 PROJECTIONS OF STRUCTURES INTO REQUIRED YARDS; CAR PARKING, MATERIAL STORAGE.
There shall be no parking or storage of any motor vehicle in a side yard, in a rear yard, or in front of any building setback line, except upon driveways or aprons as otherwise permitted by law, or upon issuance of a special use permit by the Board of Zoning Appeals. There shall be no commercial car parking in a required side yard and no storage of commercial materials or equipment in a required side yard or rear yard. The following features may extend into any front yard or rear yard, and may extend into any side yard but not closer to the side lot line that half the required least width of side yard:
(a) An uncovered porch or terrace, if the floor level is no higher than the level of the first floor of the building;
(b) Cornices, canopies, eaves or any similar feature, if such projection is ten feet or more above grade;
(c) Chimneys, to an extent not exceeding two feet, notwithstanding one-half the required least width as provided above.
(1982 Code, § 1125.03) (Ord. 56-53. Passed 10-1-1956; Ord. 88-27. Passed 12-5-1988.)
1280.04 ACCESSORY BUILDING ATTACHED TO MAIN BUILDING.
Any accessory building attached to a main building, except by a breezeway or roofed passageway with open or latticed sides, shall comply in all respects with the requirements for main buildings.
(1982 Code, § 1125.04) (Ord. 56-53. Passed 10-1-1956.)
1280.05 LOCATION OF DETACHED ACCESSORY BUILDINGS ON LOT.
A detached accessory building in a residence district closer to the front line than 80 feet shall be no closer to any of its side lot lines than ten feet. On a corner lot whose rear line is the side line of a lot in a residence district, no accessory building shall be placed closer than ten feet to such rear line, nor closer than 20 feet to the street line on the side of the lot.
(1982 Code, § 1125.05) (Ord. 56-53. Passed 10-1-1956.)
1280.06 CAMPING FACILITIES; VENDING MACHINES.
No camp cars, dining cars, tents, trailers or similar facilities shall be used for living, business or commercial purposes or for any accessory use. No commercial vending or dispensing machine shall be permitted unless located inside a commercial building. No trailer camp, tourist camp or similar use by whatever name shall be located within the City.
(1982 Code, § 1125.06) (Ord. 56-53. Passed 10-1-1956.)
1280.07 PLANNED MULTI-FAMILY RESIDENTIAL AREAS.
Provision is hereby made for planned residential areas as hereinafter regulated. The regulations applying to Planned Multi-Family Residential Areas are intended to permit flexibility in land area design, within the general pattern of land use and population density of such districts, for the purpose of bringing about an arrangement of buildings and open spaces that will contribute to the desirability of living environments of the dwellings included in such planned development with respect to daylight, sunlight, air privacy and general amenity.
(a) Area Usage. Planned multi-family residential development shall occur in accordance with a site plan approved by the Planning Commission after public hearing, and subject to the following conditions:
(1) Any part of such parcel that is separated from the remainder by public streets shall be deemed a separate lot.
(2) Dwellings shall be multi-family dwellings of any type, excluding Senior Housing and Care Facilities.
(3) The area proposed for development shall be in one ownership or, if in multiple ownership, the application shall be filed jointly by all the owners of the properties included in the Planned Multi-Family Residential Area.
(4) The following areas are eligible for consideration for planned multi-family residential development:
A. Any parcel of land having an area not less than two acres located either in one-family or two-family residential districts which are adjacent to a U-4, U-6, U-7, U-8 or U-9 District, or within a U-7 District.
B. A lot or area of less than two acres which is adjacent to and adjoining an existing multi-family project under the same ownership may be used for planned multi-family residential development.
(b) Number of Dwelling Units. The maximum number of dwelling units on each lot in the development shall be determined by computing each type of dwelling unit as follows:
(1) Multi-family dwellings at 1,000 square feet per dwelling unit. Where the Planning Commission finds that because of the density and type of dwelling units provided in adjacent buildings, or because of adjoining land use relationships, or because of extraordinary transportation facilities serving the area, unique conditions apply to the specific site, the Commission may permit a greater number of dwelling units per acre of land, but in no such location shall the maximum floor area ratio of building to land be more than a one to one ratio.
(2) Minimum livability space for such site shall not be less than 50% of the project area and maximum percentage of building coverage of the land shall not exceed 35% of the project area. "Livability space" is the area of the project site excluding the area of buildings, parking, maneuvering, driveways and other areas devoted to vehicular circulation.
(Ord. 99-45 . Passed 12-20-1999.)
(c) Criteria for Site Planning. A building or buildings proposed to be developed for any use permitted in such district shall be arranged so as to take advantage of any unique conditions of the site, so as to be coordinated with adjoining building, parking and other site developments and the buildings and facilities within the development area shall be related to each other so as to best serve their respective functions. To accomplish such purposes and objectives, the following criteria are to be applied:
(1) The minimum distance between any multi-family buildings, or parts thereof, in a planned residential development area shall vary and be related to the length and height of the buildings and other applicable provisions of this Zoning Code. Such minimum distance shall be determined by the formula:
Minimum Distance = L1 + L2 + 2(H 1 + H 2)
5
5
the elements of such formula being defined as follows:
"Minimum distance" means the required minimum horizontal distance between any wall of building (1) and the nearest wall of building (2) or the vertical prolongation of either.
"L1" means the length of building (1) which for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building (1) from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building (2).
"L2" means the length of building (2) which, for the purposes of the formula, is defined as the length of the portion or portions of any wall or walls of building (2) from which lines drawn perpendicular to the face of such wall or walls will intersect any wall of building (1).
"H1 " means the height of wall of building (1) as defined.
"H2" means the height of wall of building (2) as defined.
"Maximum length" any town house building shall not exceed six attached dwelling house units in length.
(2) The minimum distance between any multi-family building and side or rear lot line in a development shall vary and be related to the length and height of the building. Such minimum distance shall be determined by the formula:
Minimum Distance = L + PL + 2(H)
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5
the elements of such formula being defined as follows:
"Minimum distance" means the required minimum horizontal distance between any wall of a building and the nearest area side or rear lot line of the development area.
"L" means the length of building (1) which, for the purposes of the formula is the length of that portion or portions of any wall or walls of such building from which lines drawn perpendicular to such wall will intersect a side or rear lot line of the development area.
"PL" means the length of the side or rear lot line which will be intersected by lines drawn perpendicular from the face or faces of any wall or walls of building (1).
"H" means the height of wall of building as defined.
(3) The minimum distance, corner to corner building relationship, where lines drawn perpendicular to a building do not intersect the adjacent building, shall be determined by the formula:
Minimum Distance = 2(H1 + H2)
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5
However, in no arrangement shall the distance between the corners of any two buildings be less than 20 feet.
(4) Illustrations or visual interpretation to illustrate and clarify the above formulas may be approved and appended to this Zoning Code from time to time.
(5) Front yards.
A. Public street. The front yard for any building in a development fronting on a public street shall not be less than the setback building line established for it or as may be shown on the Building Zone Map. If no line is established, the setback shall be not less than 40 feet.
B. Private street. The front yard setback for any building in a development fronting on a private street shall be determined in accordance with the formula set forth in division (c)(2) hereof; the nearest edge of the pavement of such street shall be substituted for the property line in the formula.
C. Private dwellings may be planned and developed at a lesser distance from any main building entrance or from any garage entrance, than set forth in the above for private streets if approved under the Development Plan procedure.
(6) A. Distances from main buildings to accessory buildings or uses are set forth herein as desirable criteria to be applied in the site planning:
Schedule of Accessory Uses | ||
Minimum Distance | ||
From Main Buildings (feet) | From Side or Rear Lot Lines (feet) | |
Parking Areas | 20 | 20 |
Walks (for use by the occupants and the public) | 15 | 10 |
Recreation Areas (used for active play) | 40 | 15 |
B. Retail Stores. Where planned residential area is located in, or contiguous to a local retail or shopping center area the City Planning Commission may permit retail stores in the development servicing the residents, subject to approval of Council.
C. Location of Garages.
1. A private garage shall not be placed in any front yard of any multi-family building; it may, however, be enclosed within the main building.
2. A community garage shall not be located in the front of any multi-family building or opposite the wall of a multi-family building which contains the main entrance or entrances of any such building. Such garages may be located not less than 30 feet from any other wall of a multi-family building unless approved otherwise on the Development Plan.
3. Any garage shall be located not less than ten feet from a property line, provided, however, a wall of a garage may be located on a property line if it is constructed of masonry, does not contain any openings and does not have a projecting cornice, and provided further that it does not exceed five feet in height above the average finished grade of the adjoining property.
D. Parking Requirements. Each dwelling unit in a multi-family unit shall provide one and one-half parking spaces for each dwelling unit of which at least one parking space shall be located in a private or community garage and one-half space may be located in an open parking area, except when providing for golden age occupancy and/or public transportation is provided within 500 feet of proposed building, the City Planning Commission may reduce the parking requirements.
(7) The height of buildings shall be based on lot size as follows:
Four acres or larger 100 feet in height (9-10 stories)
Three to four acres 70 feet in height
Two to three acres 50 feet in height
Two acres 40 feet in height
(Ord. 71-39. Passed 6-21-1971.)
(d) Development Plans. All development proposed under the planned residential area regulations shall comply with the following provisions:
(1) Preliminary plan of developer A developer, before applying for a building permit, shall submit to the Planning Commission a preliminary plan for any land to be developed under the regulations of this section by filing five copies thereof with the Clerk. The preliminary plan of the development shall indicate all uses proposed for the development and shall include:
A. A plat and topography map of the proposed development area at a scale of not less than twenty feet to the inch, including property lines, easements, street rights of way, topographic contours, existing structures and landscape features, and
B. Preliminary plans of the proposed development, drawn at a scale of not less than twenty feet to the inch, designed in accordance with the planning standards, regulations and criteria established herein and any applicable plans that may have been adopted by the City which apply to the subject site. The preliminary plan shall include, but shall not be limited to:
1. Site plan, showing the proposed location of all structures identified by type, size, height and use; the assignment of all lands subdivided; the location of all structures within 50 feet on properties adjoining the proposed development;
2. Circulation plan; vehicular and pedestrian on-site circulation pattern including the location and dimensions of proposed driveways and walkways; the locations and arrangement of parking spaces and service facilities;
3. Floor plans and elevations; plans and designs for all structures and such other information to explain their purpose, appearance, materials and type of construction;
4. Landscape plan; drawings showing the proposed grading and drainage plan, the landscape treatment; plazas and other landscape features;
5. Construction; proposed method and standards for the construction and maintenance of utilities and paved areas;
6. Any proposed covenants running with the land, deed restrictions or easements proposed to be recorded and covenants proposed for maintenance;
7. A schedule for construction and cost estimates for the completion of the development; and
8. Such other reasonable information as the Commission may require.
The preliminary plans, unless otherwise specified, shall be prepared by professional persons qualified in the planning of land development, traffic circulation, and building and landscape design.
(2) Referral for review and reports. Upon receipt of a preliminary plan of development, the Secretary of the Planning Commission shall transmit, within three days, one copy to the Mayor and to the chairperson of the Planning Commission. He or she shall also submit for review and report a copy of the preliminary plan to the Building Commissioner and to any professional consultants retained by the City.
(3) Report to Council. Within 30 days after the preliminary plan has been filed with the Secretary, the Commission shall evaluate the plan and shall furnish to Council its report and recommendations with respect thereto. In reviewing the preliminary development plan, the Commission shall determine either that the preliminary plan fulfills the requirements of the established regulations, standards and criteria which are applicable to the proposal and any improvement plans recommended or duly approved by the City, or that the plan does not fulfill all requirements, and thereafter it shall make a recommendation that the preliminary plan be approved, disapproved or modified. In any such evaluation, the Commission may find that certain established regulations, standards or criteria of this Zoning Code are inappropriate or inapplicable because of unusual conditions of the development area, and/or that they have been satisfactorily fulfilled because of the imaginative quality of the design or because of the relationship of the proposed development to the surrounding areas.
A copy of the preliminary plan, together with copies of the report of the Commission, shall be filed with the Clerk of Council for submission to Council.
(4) Action by Council. Council within one month after receipt of such a report by the Commission, shall either approve, disapprove or modify the preliminary plan. Council may affirm or disapprove any report of the Commission required by this section in the same manner as for recommendations of the Commission. The preliminary plan and report of the Commission thereon shall be on file in the office of the Clerk during such one-month period.
(5) Authority to proceed. Following approval by Council, the Clerk shall notify the developer of such action, by registered or certified mail, and authorize him or her to proceed with the preparation of final plans of the area of development in accordance with the procedures and criteria set forth in this Zoning Code and any special conditions under which this authorization to proceed was granted.
(6) Final plan of development. The developer of any parcel or parcels of land for which a preliminary plan has been approved by Council may prepare and submit a final plan of the proposed development. Any such plan shall be filed with the Building Commissioner, and upon payment of the appropriate fees, shall be submitted by him or her to the Clerk of Council to be presented to Council for final decision. The final plan of the development shall be a detailed expansion of the preliminary plan heretofore approved by Council, shall comply with all of the conditions which may have been imposed in the approval of such preliminary plan, and be in accordance with the design criteria and provisions of this Zoning Code which apply particularly to such plan of development, and contain or be accompanied by the plans, elevations, details and specifications for construction for the elements required for the preliminary plan as set forth in division (d)(1) hereof. It shall also be accompanied by:
A. Final form of any covenants running with the land, deed restrictions or easements to be recorded and covenants, if any, for maintenance;
B. Estimated project cost for all public and private improvements; construction schedule;
C. Council may require additional drawings to supplement the above where more information is needed or special conditions occur; and
D. When the final plan of development provides for partial development of the total area for which a preliminary plan has been approved, a final plan of development of the remainder of the area may be required to permit evaluation of the development of the entire parcel before development in progressive stages may be approved.
(7) Conditions for approval. If Council, after public hearings, finds that a proposed final plan of development is in accordance with all the requirements and incorporates all the conditions of approval of the preliminary plan, Council shall approve such final plan of development.
(8) Building permits. If and when any proposed final plan of development has been approved, the Building Commissioner shall be so notified and he or she shall then issue the necessary building and other permits if it is found to comply with the Building Code and upon payment of the required fees.
(1982 Code, § 1125.07) (Ord. 64-18. Passed 4-20-1964.)
1280.08 PLANNED ONE-FAMILY RESIDENTIAL AREAS.
The regulations applying to Planned One-Family Residential Areas in U-1, U-2 and U-4 residence districts are intended to permit the application of flexible land development techniques in the arrangement and construction of dwelling units and roads in order to contribute to the desirability of living environments.
(a) Area Usage and Density Regulations. Planned One-Family Residential Areas shall be developed in accordance with a site plan approved by the Planning Commission after public hearing, pursuant to Section 1280.07(d), and under the following conditions:
(1) Any parcel of land in one ownership and having an area not less than two acres may be used for planned one-family residential development, provided that the lot is located in a U-1, U-2 or U-4 District.
(2) A parcel of land with a lot area of less than two acres which is adjacent to and adjoining an existing multi-family project under the same ownership, may be used for planned one-family residential development.
(3) Dwellings shall be limited to cluster one-family dwelling units or attached one-family dwelling units;
(4) The project area shall have a minimum area of two acres;
(5) Maximum density shall be 7¼ units per acre.
(6) Maximum building coverage shall not exceed 35% of the project area.
(7) Maximum coverage for buildings and parking shall not exceed 50% of the project area.
(8) The portion of the site which is not covered with buildings and parking shall be developed as planted areas.
(b) Yard Regulations.
(1) Front yards.
A. Public street. The front yard for any building in a development fronting on a public street shall not be less than the setback line established for it as shown on the Building Zone Map. If no line is established, the setback shall not be less than 40 feet.
B. Private street. A building shall be set back a minimum of 25 feet from the nearest edge of the pavement of the private street or drive.
(2) Side and rear yards. Side and rear yards shall be a minimum of 25 feet.
(c) Height Regulations. The height of buildings shall not exceed 35 feet.
(d) Accessory Uses. Distances from main buildings to accessory buildings or uses are set forth herein as desirable criteria to be applied in site planning:
Minimum Distance (feet) | ||
From Main Buildings | From Project's Side or Rear Lot Lines | |
Parking Areas* | 20 | 20 |
Walks (for use by the occupants and the public) | 15 | 10 |
Recreation Areas (to be used for active play) | 40 | 15 |
*Other than garage and apron in front of garage. | ||
(1) Retail areas. Where planned residential area is located in, or contiguous to, a local retail shopping center area the City Planning Commission may permit retail stores in the development servicing the residents, subject to approval of Council.
(2) Location of garages. All garages shall be attached and therefore, shall comply with all setbacks for dwelling units.
(3) Parking requirements. Each dwelling unit shall provide 2.2 parking spaces. At least one parking space shall be located in an attached garage, and one parking space may be the apron in front of the garage.
(1982 Code, § 1125.08) (Ord. 99-45. Passed 12-20-1999.)
1280.09 LOCATIONS SELLING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES.
(a) Definitions. For the purposes of this section, the following words are defined as follows:
(1) "Hotel" means every permanent structure kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which ten or more rooms are used for the accommodation of such guests, such sleeping accommodations being conducted in the same building or in buildings in connection therewith, and without provision for cooking in any guest room.
(2) "Restaurant" means any permanent structure or building which is kept, maintained, advertised or held out to the public to be a place where meals or lunches are served for a consideration, but not including dining cars.
(Ord. 56-53. Passed 10-1-1956.)
(b) Regulations. No alcoholic beverages shall be sold or offered for sale for consumption upon the premises where sold, except upon approval of Council and in conformity with all of the following conditions and regulations:
(Ord. 69-1. Passed 2-24-69. )
(1) Alcoholic beverages for consumption on the premises may be sold or offered for sale only in premises located in U-8 Districts or in premises in U-7 Districts licensed by the State of Ohio to sell such beverages as of May 1, 1978, except that if such license in a U-7 District is not kept continuously in force hereafter, such permission as to U-7 Districts shall automatically cease.
(Ord. 78-14. Passed 6-5-1978.)
(2) Such sale of alcoholic beverages shall be sold only by the owner or operator of a licensed hotel or licensed restaurant and only as an accessory thereto.
(3) Such hotel or restaurant shall be licensed as such by the proper health authority in accordance with the laws and regulations controlling such establishments.
(4) Such hotel or restaurant shall have the proper statutory permit to sell such alcoholic beverage issued by the State of Ohio, and shall be operated by the person to whom such permit was issued.
(Ord. 69-1. Passed 2-24-1969.)
(5) Any premises in which alcoholic beverages are sold for consumption on the premises shall have the main entrance thereto upon a street, roadway or highway in a U-8 District or in a U-7 District if the establishment is legally operating in a U-7 District pursuant to division (b)(1) hereof and shall not have any access thereto from or through any other business establishment.
(1982 Code, § 1125.08) (Ord. 78-14. Passed 6-5-1978; Ord. 99-45. Passed 12-20-1999.)
1280.10 RENTAL OF ONE- AND TWO-FAMILY DWELLING UNITS IN U-1 AND U-2 DISTRICTS.
(a) Findings, Purpose and Intent. By adopting this section, the City of University Heights acknowledges the overall general increase of rental properties and states that the U-1 and U-2 Districts have special features, characteristics, needs, issues, concerns and problems that are not prevalent in other zoning districts. The concerns include the safety and the tranquility of the residential neighborhood, both of which may be impaired by, among other things, the significant increase in parking of vehicles at one- and two-family dwellings, and the health and safety of residents renting homes with space limitations. It is with these concerns in mind that the City now adopts this section in an effort to help ensure safe living conditions and adequate parking areas, as well as to avoid overcrowding in the U-1 and U-2 zoning districts.
(b) Permit Required.
(1)
No owner, renter, tenant or regular occupant of any single-family or two-family dwelling in the U-1 and U-2 zoning districts shall rent, lease or regularly occupy any dwelling unit without first obtaining a rental permit from the City Division of Building, Engineering and Inspection and the Department of Housing and Community Development, except in the following circumstances:
A. Both of the following criteria are met:
1. The dwelling unit is occupied by one family as defined in Section 1240.10 or one "functional family equivalent," as such term is defined in Section 1280.10(e)(2) hereof: and the family or functional family equivalent is related by blood, marriage, domestic partnership or adoption to the owner of the dwelling unit; and
2. No monetary or in-kind consideration is exchanged between the owner and the subject family or functional family equivalent. For purposes of this section, in-kind consideration does not include child care, elder care, other caregiving among family members, housekeeping, landscaping, repairs or maintenance, household chores or services, and such other customary deeds or services among family members.
B. For purposes of this section, the term "domestic partnership" shall refer to a relationship between domestic partners.
C. For purposes of this section, the term "domestic partners" shall mean individuals who meet the following criteria:
1. They have a single dedicated relationship of at least 12 months;
2. They share the same permanent residence and the common necessities of life for at least 12 months;
3. They are not related by blood to a degree of closeness that would prohibit legal marriage in the State of Ohio;
4. They are at least 18 years of age;
5. They are mentally competent to consent to the domestic partnership;
6. Neither is currently married to another person under either statutory or common law, in another domestic partnership, civil union, or legally separated from someone else; and
7. They are financially interdependent on each other. In order to be considered financially interdependent on each other, at least three of the following interdependencies must be provable by supporting documentation: joint ownership of real estate property or joint tenancy on a residential lease; joint ownership of an automobile; joint bank account or credit account; a will, designating the domestic partner as the primary beneficiary; retirement plan or life insurance policy designating the domestic partner as the primary beneficiary; and/or durable power of attorney, signed to the effect that powers are granted to one another.
(2) A dwelling unit may be occupied by one family as defined in Section 1240.10 and/or 1472.14 (or related by blood, marriage, domestic partnership or adoption), or one functional family equivalent as defined in Section 1280.10(e)(2), or can be occupied by the number of unrelated persons that does not exceed the number of bedrooms located in the dwelling unit. For purposes of calculating the number of bedrooms in a dwelling unit, in order to be considered a bedroom, a room must meet the requirements set forth in Section 1280.10(c)(2)(D) hereof. For purposes of determining occupancy of a dwelling unit under this Section 1280.10, "occupancy" of a dwelling unit means the physical presence of a person in the dwelling unit overnight for at least 15 nights in a consecutive 30-day period.
(3) Any one- or two-family dwelling including those with a rentable third floor shall be required to obtain a rental permit.
A. One-family dwelling. Each third floor unit shall be limited to one tenant and have its own private bath complete with shower and/or tub, toilet, and sink. No culinary or cooking equipment shall be permitted within this area. (See Section 1472.30 for definition of "culinary facilities").
B. Two-family dwelling. Each third floor unit must meet all the requirements of a one-family third floor unit. In addition, the unit must have direct access to the outside without traversing through any other unit.
(c) Rental Permit Application.
(1)
The application for a rental permit shall contain the following information and any additional information the Building Commissioner or the Director of Housing and Community Development finds necessary:
A. The name and signature of the owner of the property, including the mailing address and the telephone number;
B. The name and phone numbers of the primary contact tenant.
C. The name of each tenant and, if under the age of 26, his or her permanent address.
D. Affirmation that the property is not delinquent on property taxes or is enrolled in a payment plan for delinquent property taxes.
E. The name and identity of a local authorized representative. For purposes of this section, the term "local authorized representative" shall mean a person or entity designated by the owner of property to manage the real property and rental units. The local authorized representative may be an owner or a third-party. The local authorized representative must maintain a home or business address in Cuyahoga County or a neighboring county. The local authorized representative shall be authorized to conduct all business related to rental property or rental units and shall be authorized to accept service of all notices regarding any action or proceeding.
F. If the property owner is a limited liability company, corporation, partnership, trust, or other entity or organization, the following information: (i) statutory agent; and (ii) a current Certificate of Good Standing with the State of Ohio or evidence of a current, valid registration with the Ohio Secretary of State to conduct business in Ohio.
G. Any application shall be accompanied with the fee provided for in division (f) of this section.
(2)
Upon filing an application for a rental permit, the Division of Building, Engineering and Inspection and Department of Housing and Community Development shall inspect the dwelling unit to determine the following, subject to the consent of the owner and/or occupant(s) of the dwelling unit and their respective rights set forth in Section 1280.10(c)(2)(G), and subject further to the limitations set forth on Section 1280.10(c)(2)(H):
A. That the dwelling unit is of adequate size and has an adequate number of sleeping rooms to accommodate the proposed number of tenants, renters or regular occupants, including the requirements under this Zoning Code and the Building Code that are applicable.
B. That one off-street parking space per tenant shall be provided.
C. That the dwelling unit shall not contain culinary facilities outside of the kitchen. (See Section 1472.30 for the definition of "culinary facilities".).
D.
That each unrelated tenant shall be provided with his or her own bedroom which shall be approved by the Building Commissioner and Director of Housing and Community Development. Bedrooms must (i) have a full bathroom directly attached or abut a hallway leading to a full bathroom on the same floor that is accessible without passing through another room; (ii) shall be a minimum of 80 square feet in area with no dimension being less than eight feet; (iii) shall contain a built-in closet; and (iv) shall have a minimum of two means of egress. For purposes of this section, a "full bathroom" shall mean a bathroom with a toilet, sink, shower and/or bathtub. Bedrooms in basements or otherwise below grade are prohibited.
E. That the dwelling unit satisfies the provisions of Part Fourteen - Building and Housing Code and Part Sixteen - Fire Prevention Code of the Codified Ordinances of the City.
F. That the owner/landlord acknowledges responsibility for all maintenance, both exterior and interior, adhering to all the adopted State and all local Codified Ordinances within the City and within the U-I and U-2 Districts of the City.
G. The owner or occupant(s) of a dwelling unit may refuse inspection of said dwelling unit. In the event that the owner or occupant(s) denies consent to the performance of an inspection hereunder, then the Housing and Community Development Director shall either promptly issue a rental permit hereunder or shall promptly procure an administrative search warrant as provided by law to gain entry to the dwelling unit to conduct a rental permit inspection thereof. In the event that the City files for an administrative search warrant for an inspection of the dwelling unit, if the search warrant is granted, the City shall conduct its inspection within the time periods set forth in the search warrant, but not later than ten business days following execution of the search warrant by a court of competent jurisdiction. In the event that the City's application for a search warrant is denied, the City shall promptly issue its rental permit. For purposes of this section, the term "business days" shall mean any day on which the City is open for the conducting of business, excluding Saturdays, Sundays and legal holidays.
H. Inspection of a dwelling unit hereunder shall be required on a bi-annual basis.
(3)
Upon filing an application for a rental permit, the Division of Building, Engineering and Inspection or Department of Housing and Community Development also shall inspect Cuyahoga County property tax records to ensure the owner/landlord is not delinquent in payment of property taxes for the subject property. In order for the applicant to be eligible for a rental registration permit, the applicant must be current in the payment of Cuyahoga County property taxes for the subject property or be enrolled in a payment plan for delinquent taxes for the subject property.
(d) Rental Permit Duration. A rental permit shall be valid for the property, for up to the number of occupants authorized in the permit for a one-year period from the date of inspection. Should the property ownership change, the rental permit is non-transferable and a new application must be applied for and all requirements must be met by the new owner(s). The owner or occupant is required to notify the Division of Building, Engineering and Inspection and the Department of Housing and Community Development whenever there is any change in tenants, renters or regular occupants, however, such a change(s) will not invalidate the rental permit, so long as timely notice (as set forth herein) is provided and the number of tenants, renters, or regular occupants permitted on the leased premises does not exceed the maximum tenancy allowed for the property.
(e) Appeal and Special Application for a Functional Family Equivalent.
(1) An owner or tenant of a single-family or two-family dwelling may make a written application to the Board of Zoning Appeals to allow occupancy by a number of unrelated persons that exceeds the number of bedrooms meeting the requirements of Section 1280.10(c)(2)(D), either as a functional family equivalent or otherwise. The applicant shall have the burden of proving a functional family equivalent by a preponderance of the evidence. In reviewing such an application, the Board of Zoning Appeals shall consider the criteria contained in subsection (e)(2) below. However, no provision of this section shall be applied in circumstances where the application of such provision would violate the fair housing rights of the disabled as defined by applicable federal, state or local law.
(2) A "functional family equivalent" shall mean a group of unrelated individuals living together and functioning together as a traditional family. A group of unrelated individuals that utilizes a dwelling unit as a day care center, fraternity house, sorority house, residential cooperative, commune, dormitory, rooming house (as defined in Section 1472.32), boarding house (as defined in Section 1472.32), halfway house, or a use equivalent to any of the foregoing, shall not qualify as a functional family equivalent. In determining whether or not a group of unrelated individuals constitutes a functional family equivalent for purposes of this ordinance, the Board of Zoning Appeals shall consider the following factors.
A. Whether the group shares the entire dwelling unit and lives and cooks together as a single housekeeping unit.
B. Whether the group shares expenses for food, rent or ownership costs, utilities and other household expenses.
C. Whether the group is permanent and stable. Evidence of such permanence and stability may include the following: (i) the presence of minor dependent children regularly residing in the household who are enrolled in local schools; (ii) members of the household have the same address for purpose of voter registration, driver's license, motor vehicle registration and filing of taxes; (iii) members of the household are employed in the area; (iv) the household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; (v) there is common ownership of furniture and appliances among the members of the household; and (vi) the group is not transient or temporary in nature.
D. Whether the group is a temporary living arrangement or a framework for transient living;
E. Whether the composition of the household changes from year to year or within a year;
F. Any other factors reasonably related to whether or not the group of persons is the functional family equivalent of a family.
(3) An applicant who has been denied a rental permit by a decision of the Board of Zoning Appeals may seek further administrative appeal to the Cuyahoga County Court of Common Pleas.
(f) Application Fee/Late Fee. An applicant for a rental permit shall pay an application fee in accordance with the following schedule of application fees.
Type of Dwelling | Application Fee |
Single-Family Dwelling | $150 |
Two-Family Dwelling (1 Unit Inspection) | $150 |
Two-Family Dwelling (2 Unit Inspection) | $200 |
3rd Floor Unit | $50 |
A late fee of $100/month per rental unit shall be assessed against the owner of any property for any month or portion thereof during which an owner fails to comply with the requirement of this section that a rental permit be issued for the rental of any dwelling unit. | |
(g) Revocation of Rental Permit; Notice to Show Cause. In addition to any other remedy or penalty otherwise provided in these Codified Ordinances, should the Building Commissioner or Director of Housing and Community Development have information or other reasonable cause to find that the holder of any rental permit or his or her tenants has been cited for failure to be in compliance in any respect with the conditions contained in this chapter or in Chapters 648
or 1442
on three different occasions within the duration of the rental permit, the Building Commissioner or the Director of Housing and Community Development shall issue, upon the holder thereof by residence service, a notice to show cause to the Building Commissioner or the Director of Housing and Community Development within five calendar days thereafter why said permit should not be revoked because of three or more violations. The Building Commissioner and/or the Director of Housing and Community Development may revoke said rental permit forthwith. Said permit holder may appeal said revocation to the Board of Zoning Appeals as otherwise provided in these Codified Ordinances. The form of said notice to show cause shall be on a form prepared by the Building Commissioner or Director of Housing and Community Development and approved as to form by the Law Department. In determining if a rental permit should be revoked, the Building Commissioner or the Director of Housing and Community Development may consider the following:
(1) Submission of inaccurate or misleading information to the Division of Building, Engineering and Inspection or Department of Housing and Community Development to secure a rental permit.
(2) Failure to notify the Division of Building, Engineering and Inspection or Department of Housing and Community Development within 30 days of any change of information supplied in the application for the rental permit.
(3) Failure to correct violations discovered during inspection within the time specified in a notice of violation or three violations of Chapter 1442 during the duration of the rental permit.
(4) Three violations of Section 648.17 during the duration of the rental permit.
(5) Chronic parking violations on or about the premises, including overnight parking on public street, blocking the public sidewalk and driving or parking on landscaped areas.
(6) Repeated complaints from adjacent residents that conditions exist which are detrimental to the peace and quality of the neighborhood. The Building Commissioner, Director of Housing and Community Development or Mayor/Safety Director shall use only such complaints that have been investigated and verified to be valid and based on fact.
(7) Evidence supplied by the permit holder that the nuisance property is being rented to tenants not involved in prior violations of Section 648.17.
(8) County tax rolls that demonstrate the owner/landlord is delinquent in the payment of property taxes or failed to complete a payment plan for delinquent taxes.
(9) Whether the citation(s) issued related to an incident of domestic violence and/or whether the revocation of the rental permit would cause hardship to a victim of domestic violence or result in a victim of domestic violence being displaced, it being the desire of the City not to create additional hardship or unnecessary risk to health and safety for any victim of domestic violence.
(h) Duty to Provide Accurate Information. The owner of a rental unit shall have a duty to provide accurate and up-to-date information relating to the rental registration application. A violation of this duty to provide accurate and up-to-date information shall be a violation of this section. An owner may face a citation hereunder for any of the following:
(1) Submission of inaccurate or misleading information to the Housing and Community Development Department to secure a rental permit.
(2) Failure to notify the Housing and Community Development Department within 30 days of any change of information supplied in the application for the rental permit, including, but not limited to, the names and permanent addresses of tenants.
(i) Nuisance. Failure or refusal to comply with the rental registration requirement of this section and/or failure to correct building and housing code violations cited in connection with rental inspection hereunder shall be prima facie evidence of unsafe or nuisance conditions in violation of Codified Ordinance Section 1442.01, and shall be a violation of this section.
(j) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2005-37. Passed 6-20-2005; Ord. 2005-60. Passed 10-17-2005; Ord. 2006-34. Passed 6-19-2006; Ord. 2007-25. Passed 6-4-2007; Ord. 2007-65. Passed 11-19-2007; Ord. 2009-12. Passed 3-2-2009; Ord. 2018-20. Passed 4-16-2018; Ord. 2018-28. Passed 5-7-2018; Ord. 2018-57. Passed 9-17-2018; Ord. 2021-11. Passed 4-19-2021; Ord. 2022-35. Passed 6-21-2022.)
1280.11 HOME OCCUPATIONS REGULATED.
(a) Use Restricted. Home occupations shall not be permitted, unless such use:
(1) Is otherwise lawful;
(2) Provides services and activities which are conducted entirely within the dwelling unit;
(3) Is conducted solely by the residents or inhabitants of the dwelling unit, together with no more than one employee on the premises;
(4) Does not change the residential character thereof;
(5) Is clearly incidental and secondary to the use of the premises as a residence;
(6) A. Fully conforms to all safety and fire codes;
B. Creates no fire or safety risks or dangers;
C. Requires no use or storage of any dangerous or hazardous or polluting substance;
D. Creates no noise or air pollution in addition to the normal conditions of the residential area;
E. Does not increase pedestrian or vehicular traffic or parking upon or around the premises considering the extent, degree, frequency and hours of activity to the extent that such activity disturbs the owners or occupants of abutting or neighboring dwelling units within 200 feet of the premises;
(7) Fully conforms to all other Housing Code requirements;
(8) A. Conforms to all habitable area requirements defined in Chapter 1482;
B. Does not occupy and is not located in any area used or designed for utilities or laundry or kitchen or bath or lavatory or boiler or heating/air conditioning plant or power source;
C. Does not occupy more than 10% of the habitable space or area within the premises excluding from such computation 50% of any basement area not otherwise used for utility purposes.
(9) Occupies no secondary or appurtenant structure other than for the purpose of storing motor vehicles and tools;
(Ord. 85-6. Passed 5-6-1985.)
(10) Does not involve or require loading, unloading, receiving, delivery, transport and/or shipping of products, merchandise or equipment. It shall be a defense to the foregoing that a dwelling unit, within which an otherwise lawful home occupation is conducted as provided in division (a) hereof, may receive occasional deliveries of materials, supplies and/or office equipment during normal business hours, defined as 8:00 a. m. to 5:00 p.m., which activity does not make or produce disturbing noise or sounds and which deliveries are necessary and incidental to the operation of such lawful home occupation within the dwelling unit.
(Ord. 97-12. Passed 5-19-1997.)
(11) Does not require or involve wholesale purchases for resale, or wholesale or retail sales or manufacture or assembly or storage or inventories or display of any products, merchandise or goods;
(12) Does not require or involve the posting of any sign upon the premises publishing or advertising such home occupation.
(b) Appeals. Upon a finding or determination by the Building Commissioner that a home occupation does not conform to division (a) hereof, the owner may appeal to the Board of Zoning Appeals, as in all other appeals, together with a registration statement in a form approved by the Director of Law.
(1) Zoning Board guidelines. In determining whether or not a use within a zoned residential district should be permitted as a "home occupation", the applicant shall first provide all information necessary or relevant for such determination to be made with respect to the manner of conducting and the effect which the proposed use as a "home occupation" may have upon the use for residential or dwelling purposes on the premises and within the vicinity of the premises. The Board of Zoning Appeals shall further consider any objections or evidence presented by neighboring residential users.
(2) Board of Zoning Appeals authority on appeal. On appeal of the owner, the Board of Zoning Appeals may issue a special permit renewable annually for any use sought or undertaken which is not in conformity with Sections 1240.15 and 1280.12, only after considering Chapters 1240 and 1250 and other applicable ordinances, as well as the recommendations of the Chief of Police, Chief of Fire, Building Commissioner and Mayor, to determine whether or not the proposed "home occupation" clearly detracts from or has a negative impact upon the residential character of the district or creates a safety or security risk within the immediate vicinity or inhibits or impairs the capacity of the City to otherwise regulate professional or business conduct.
(1982 Code, § 1125.13) (Ord. 85-6. Passed 5-6-1985; Ord. 99-45. Passed 12-20-1999.)
1280.12 GRATES OR BARS ON DWELLING UNIT WINDOWS PROHIBITED.
No grates or bars or devices similar thereto, commonly known as "burglar bars", shall be installed or maintained in the inside or outside of windows located on the front or sides or rear of dwelling units.
(1982 Code, § 1125.14) (Ord. 2000-23. Passed 6-5-2000.)
1280.13 DUMPSTERS ON ONE-FAMILY OR TWO-FAMILY RESIDENTIAL PROPERTIES; PERMIT FEE.
(a) For the purposes of this section, the term "dumpster" shall mean any receptacle on a one-family or two-family residential property that is designed for the collection of large quantities of trash, yard waste, garbage, building or construction debris, or trees or limbs. Dumpsters do not include garbage cans that can be moved by a person.
(b) Dumpsters are not permitted as a principal permitted or accessory use in any one-family or two-family residential zoning district within the City. Dumpsters shall only be permitted on one-family and two-family residential properties upon application and receipt of a permit therefor as a temporary permitted use, subject to the following requirements and limitations.
(1) The required application is filed and a permit fee in the amount of $25 is paid.
(2) In the case of dumpsters on properties undergoing construction, remodeling, or renovation, dumpster permits shall expire as of the expiration date of the construction permit. Notwithstanding the forgoing sentence, dumpsters must be removed from the premises within two weeks of the date on which the construction is complete and prior to the issuance of a certificate of occupancy.
(3) In the case of dumpsters associated with home clean-up or clean-out work, dumpster permits shall be issued for a period not to exceed 30 days, unless extended by written approval from the Chief Building Official or his or her designee.
(4) Dumpsters must be located outside the City right-of-way and at a location on the property approved in writing by the Chief Building Official or his or her designee. The approved location will be on a paved surface if one is available on the property, unless another location is approved in writing by the Chief Building Official or his or her designee.
(5) No more than one dumpster at a time shall be permitted on the property without written approval of the Chief Building Official or his or her designee.
(6) No trash, yard waste, garbage, building or construction debris, or tree limbs may be brought from other properties to a dumpster located on a residential premises.
(7) Dumpsters shall be emptied when full.
(c) Penalty. Any person, firm, entity, or corporation, including, but not limited to, the owner and/or lessee of the property, and/or any property manager, contractor, or subcontractor thereof, who violates or fails to comply with any provision of this section is guilty of a misdemeanor of the fourth degree and shall be fined no more than $250 per offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2024-73. Passed 9-16-2024.)
1280.14 MANUFACTURE, DISTRIBUTION, STORAGE, AND SALE OF FIREWORKS PROHIBITED.
(a) For purposes of this section, the terms "fireworks," "1.3G fireworks," "1.4G fireworks," and "fireworks plant" shall have the meanings ascribed to such terms in R.C. § 3743.01, but shall not mean: (i) "Novelties and trick noisemakers," "party poppers," "smoke devices," "snake or glow worms," "snappers," or "trick matches" as such terms are defined in Codified Ordinance Section 1615.01; or (ii) devices exempted under R.C. § 3743.80.
(b) No fireworks plant shall be permitted in the City.
(c) Except as otherwise set forth herein, the manufacture, distribution, storage, retail, sale, and wholesale of fireworks, including 1.3G fireworks and 1.4G fireworks, is prohibited within the City.
(Ord. 2025-07. Passed 5-5-2025.)